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Intertemporal Law
Intertemporal law regulates the conflict of laws relating to time. It determines which law is applicable at which time, and specifically the applicability of a rule to the cases that occurred before its creation or entry into force. The principle of ''tempus regit actum'' Intertemporal law is based on the idea that an action is governed by the law in force at the (local) time of its occurrence. It is therefore irrelevant, for example, that a legal question is only decided by a court at a later point in time, when the previously applicable law is no longer valid. This principle is described by the Latin phrase ''tempus regit actum'', which can be translated as "time governs the act", meaning that the applicable law is determined by the time of the event in question. For jurisdictions with multiple time zones, the local time of the action determines the applicable law. In the United States, this principle has been codified in sec. 15 U.S.C. § 262:"the time shall ..be t ...
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Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict of Laws", ''Black's Law Dictionary'' (11th ed. 2019). This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case.Restatement of the Law—Conflict of Laws, ''§2: Subject Matter of Conflict of Laws'' (American Law Institute 1971). These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.
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Aboriginal Title
Aboriginal title is a common law doctrine that the Indigenous land rights, land rights of indigenous peoples to customary land, customary tenure persist after the assumption of sovereignty to that land by another Colonization, colonising state. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is Alienation (property law), inalienable, and that it may be held Individual and group rights, either individually or collectively. Aboriginal title is also referred to as indigenous title, native title (Native title in Australia, in Australia), original Indian title (Aboriginal title in the United States, in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, i ...
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Private Law
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, p ...
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Miangas
Miangas or Palmas is the northernmost island of North Sulawesi, and one of 92 officially listed outlying islands of Indonesia. Etymology ''Miangas'' means "exposed to piracy", because pirates from Mindanao used to visit the island. In the Sasahara language, the island is called ''Tinonda'' ( Minahasan: ''Poilaten''), meaning "people who live separated from the main archipelago" and "our island", respectively. During the 16th century, the island was named in Spanish as ''Isla de las Palmas'', and in Portuguese ''Ilha de Palmeiras''. History According to local tradition, there were a number of kingdoms in the area. Sangir, Talaud and Sitaro belonged to two kingdoms, Tabukan and Kalongan. To justify their sovereignty over Miangas, the Dutch argued that the island had been under the domination of the princes of Sangir. Early modern era In October 1526, Garcia Jofre de Loaísa, Spanish sailor and researcher, was the first European to visit the island. The island was used ...
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International Law Commission
The International Law Commission (ILC) is a body of experts responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their expertise and qualifications in international law, who are elected by the United Nations General Assembly (UNGA) every five years. The ideological roots of the ILC originated as early as the 19th century when the Congress of Vienna in Europe developed several international rules and principles to regulate conduct among its members. Following several attempts to develop and rationalize international law in the early 20th century, the ILC was formed in 1947 by the UNGA pursuant to the Charter of the United Nations, which calls on the Assembly to help develop and systematize international law. The Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent concerns about international crimes such as genocide and acts of aggression. The ILC has since held an ...
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Permanent Court Of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international arbitrations involving various combinations of States, State entities, international organizations and private parties. The cases span a range of legal issues involving territorial and maritime boundary, maritime boundaries, sovereignty, human rights, international investment, and international and regional trade. The PCA is constituted through two separate multilateral conventions with a combined membership of 125 Contracting Parties. The PCA is not a United Nations agency, but has been a United Nations observer since 1993. The PCA was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Conventions of 1899 and 1907, Hague Peace Conference of 1899. The Co ...
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Max Huber (statesman)
Hans Max Huber (28 December 1874, in Zürich – 1 January 1960, in Zürich) was a Swiss lawyer and diplomat who represented Switzerland at a series of international conferences and institutions. His life Max Huber was born in Zurich in 1874 as the son of Peter Emil Huber-Werdmüller, engineer and founder of Maschinenfabrik Oerlikon, and Anna Marie, née Werdmüller (* June 22, 1844; † October 5, 1911). His younger brother was Emil Huber-Stockar. Max Huber studied law at the universities of University of Lausanne, Lausanne, University of Zurich, Zurich and Humboldt University of Berlin, Berlin from 1894 to 1897, graduating with a doctorate in Berlin in 1897. He then worked for two years as secretary to the board of the Swiss Trade and Industry Association. After several extensive trips to America, Australia, and India, he was appointed Professor of Constitutional Law, Canon Law and Public International Law at University of Zurich from 1902 to 1914 and retained this title until ...
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Island Of Palmas Case
The ''Island of Palmas Case'' (Scott, Hague Court Reports 2d 83 (1932), (Perm. Ct. Arb. 1928), 2 U.N. Rep. Intl. Arb. Awards 829) was a territorial dispute over the Island of Palmas (or Miangas) between the Netherlands and the United States which was heard at the Permanent Court of Arbitration by arbitrator Max Huber. Palmas () was declared to be a part of the Netherlands East Indies and is now part of Indonesia. The case is one of the most influential precedents dealing with island territorial conflicts. Background Palmas (Miangas) is an island of little economic value or strategic location. It is 2.6 km in north–south length and 1.0 km in east–west width. It had a population of about 750 in 1932, when the case was decided. The island is located approximately 100 miles ESE of General Santos, Philippines, and 70 miles north of the Talaud Islands, the next-northernmost part of Indonesia. In 1898, Spain ceded the Philippines to the United States in the Treaty of ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Reparations For Slavery
Reparations for slavery are reparations for victims of slavery. Reparations can take many forms, including financial compensation, legal remedy of damages, public apology and guarantees of non-repetition. Victims of slavery can refer to historical slavery or ongoing slavery in the 21st century. Some reparations for slavery date back to the 18th century. United Nations resolution United Nations General Assembly Resolution 60/147 refers to measures to repair violations of human rights including restitution and compensation. Types Reparations can take numerous forms, including practical measures such as individual monetary payments; settlements; scholarships and other educational schemes; systemic initiatives to offset injustices; or land-based compensation related to independence. Other types of reparations include apologies and acknowledgements of the injustices; the removal of monuments and renaming of streets that honour enslavers and defenders of slavery; or naming a buil ...
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Time
Time is the continuous progression of existence that occurs in an apparently irreversible process, irreversible succession from the past, through the present, and into the future. It is a component quantity of various measurements used to sequence events, to compare the duration of events (or the intervals between them), and to quantify rates of change of quantities in material reality or in the qualia, conscious experience. Time is often referred to as a fourth dimension, along with Three-dimensional space, three spatial dimensions. Time is one of the seven fundamental physical quantities in both the International System of Units (SI) and International System of Quantities. The SI base unit of time is the second, which is defined by measuring the electronic transition frequency of caesium atoms. General relativity is the primary framework for understanding how spacetime works. Through advances in both theoretical and experimental investigations of spacetime, it has been shown ...
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Indigenous Peoples
There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territory, and an experience of subjugation and discrimination under a dominant cultural model. Estimates of the population of Indigenous peoples range from 250 million to 600 million. There are some 5,000 distinct Indigenous peoples spread across every inhabited climate zone and inhabited continent of the world. Most Indigenous peoples are in a minority in the state or traditional territory they inhabit and have experienced domination by other groups, especially non-Indigenous peoples. Although many Indigenous peoples have experienced colonization by settlers from European nations, Indigenous identity is not determined by Western colonization. The rights of Indigenous peoples are outlined in national legislation, treaties and international law ...
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