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Res Communis
''Res communis'' is a concept or doctrine. The expression is a Latin language, Latin term derived from Roman law that preceded today's concepts of the commons and common heritage of mankind. It has relevance in international law and common law. In the 6th century, the ''Institutes (Justinian), Institutes'' of Justinian codified the relevant Roman law as: "By the law of nature these things are common to mankind – the air, running water, the sea, and consequently the shores of the sea." ''Res communis'' has gained new currency in environmental law, in terms of managing natural resources. The key concept is that the state is the trustee of communal natural resources and cannot alienate them into private ownership. Examples are Lake Michigan, Victoria Harbour in Hong Kong and Sydney Harbour. Biological examples of ''res communis'' include fish and mammals in international waters, high seas. Rules for use of the continent Antarctic Treaty System, Antarctica were based on ''res comm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Language
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commons
The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons can also be understood as natural resources that groups of people (communities, user groups) manage for individual and collective benefit. Characteristically, this involves a variety of informal norms and values (social practice) employed for a governance mechanism. Commons can also be defined as a social practice of governing a resource not by state or market but by a community of users that self-governs the resource through institutions that it creates. Definition and modern use The Digital Library of the Commons defines "commons" as "a general term for shared resources in which each stakeholder has an equal interest". The term "commons" derives from the traditional English legal term for common land, which are also known as "commons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Heritage Of Mankind
Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heritage (cultural heritage, cultural and natural heritage, natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations. Origins In tracing the origins of the common heritage principle, it is important to distinguish its history as a term from its conceptual history. The common heritage principle was developed under different names, including common "heritage", common "property", and common "patrimony" of mankind. These terms have at times described different concepts; for instance, in 1813 the "property of mankind" might mean the arts and sciences, rather than items or areas. By the early 20th century, "common heritage" and similar terms usually referred to areas and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Institutes (Justinian)
The ''Institutes'' () is a component of the ''Corpus Juris Civilis'', the 6th-century codification of Roman law ordered by the Byzantine emperor Justinian I. It is largely based upon the ''Institutes'' of Gaius, a Roman jurist of the second century A.D. The other parts of the ''Corpus Juris Civilis'' are the '' Digest'', the '' Codex Justinianus'', and the '' Novellae Constitutiones'' ("New Constitutions" or "Novels"). Drafting and publication Justinian's Institutes was one part of his effort to codify Roman law and to reform legal education, of which the Digest also was a part. Whereas the Digest was to be used by advanced law students, Justinian's Institutes was to be a textbook for new students. The need for a new text for first year students was addressed as early as 530 in the constitution "Deo auctore," where reference is made to something "...which may be promulgated to replace the elementary works, so that the raw intelligence of the student, nourished by a simple diet, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term "high seas", which under the doctrine of ''mare liberum'' (Latin for "freedom of the seas"), do not belong to any state's jurisdiction. As such, states have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "high seas" to mean "all parts of the sea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antarctic Treaty System
The Antarctic Treaty and related agreements, collectively known as the Antarctic Treaty System (ATS), regulate international relations with respect to Antarctica, Earth's only continent without a native human population. It was the first arms control agreement established during the Cold War, designating the continent as a scientific preserve, establishing freedom of scientific investigation, and banning Military activity in the Antarctic, military activity; for the purposes of the treaty system, Antarctica is defined as all the land and ice shelf, ice shelves south of 60th parallel south, 60°S latitude. Since September 2004, the Antarctic Treaty Secretariat, which implements the treaty system, is headquartered in Buenos Aires, Argentina. The main treaty was opened for signature on 1 December 1959, and officially coming into force, entered into force on 23 June 1961. The original signatories were the 12 countries active in Antarctica during the International Geophysical Year ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Space Law
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, Environmentalism, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within space law. The origins of space law date back to 1919, with international law recognizing each country's sovereignty over the airspace directly above their territory, later reinforced at the Chicago Convention on International Civil Aviation, Chicago Convention in 1944. The onset of domestic space programs during the Cold War propelled the official creation of international space policy (i.e., the International Geophysical Year) initiated by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Extra Commercium
''Res extra commercium'' ( lat. "a thing outside commerce") is a doctrine originating in Roman law, holding that certain things may not be the object of private rights, and are therefore insusceptible to being traded. The doctrine encompasses entities such as humans, public areas, organs, citizenship, and prostitution, and is an exception to the general principle of freedom of contract. The doctrine can also refer to areas beyond national borders, such as space and the seabed: "these regions are subject to a common freedom of exploitation without exercising national sovereignty." If the world community is conceived as made up "of sovereign, territorial states ... he implication isthat the space between these states is ''res extra commercium'', a space that, because of its position and function within this community, is disassociated from the full package of rights to possession, exclusion, and alienation that normally may be claimed by holders of property." Ancient Rome In ancie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Res Nullius
''Res nullius'' is a term of Roman law meaning "things belonging to no one"; that is, property not yet the object of rights of any specific subject. A person can assume ownership of ''res nullius'' simply by taking possession of it ''( occupatio)''. However, in ancient Rome, certain forms of ''res nullius'' could never be owned ('' res extra commercium'') because they were considered to belong either in common to all or to the divine rather than human ''dominium''. The use of ''res nullius'' as a legal concept continues in modern civil legal systems. Examples of ''res nullius'' are wild animals (''ferae naturae'') or abandoned property ('' res derelictae''). Finding can also be a means of ''occupatio'' (i.e. vesting ownership), since a thing completely lost or abandoned is ''res nullius'', and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing. Scope Wild animals In common law legal systems, forest laws, and game laws have spec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
