DEFINITIONS: JUS COGENS NORM Peremptory norm of general International law which the states cannot derogate from

PRINCIPLE OF NON REFOULEMENT a principle in international law, specifically refugee law, that concerns the protection of refugees from being returned to places where their lives or freedoms could be threatened. Unlike political asylum, which applies to those who can prove a wellgrounded fear of persecution based on membership in a social group or class of persons, non-refoulement refers to the generic repatriation of people, generally refugees into war zones and other disaster areas. GENUINE LINK DOCTRINE/EFFECTIVE NATIONALITY Within a third state, a person having more than one nationality shall be treated as if he had only one. Under this doctrine, the third state shall recognize conclusively in his territory either the nationality of the country which he is habitually and principally present or the nationality which he appears to be in fact most closely related. EXTRADITION official process whereby one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. UNNEUTRAL SERVICE Any service rendered by a neutral subject to a belligerent state, contrary to international law, except the acts of contraband carriage and blockade breach. LETRE D PROVISION Letter Patent. The appointment of a consul is usually evidenced by a commission, know as a letter patent or letter d provision. This is issued by the appointing authority of the sending state and transmitted to the receiving state through diplomatic channels. LETTRE D CREANCE Letter of Credence. The document, which the envoy receives from his government accrediting him to the foreign state to which he is being sent.

a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless provided for by treaty. Originating in Roman law, this principle enables a belligerent party to claim territory that it has acquired by war. PRIZE COURT a court (or even a single individual, such as an ambassador or consul) authorized to consider whether or not a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal. A prize court may order the sale or destruction of the seized ship, and the distribution of any proceeds to the captain and crew of the seizing ship. A prize court may also order the return of a seized ship to its owners if the seizure was unlawful, such as if seized from a country which had proclaimed its neutrality. REFUGEE a person who owing to a well-founded fear of being persecuted on account of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country. LEVEE EN MASSE Takes place when the population spontaneously rises in mass to rest the invader. They enjoy privileges due the armed forces. COMPROMIS D ARBITRAGE Agreement to arbitrate. It is the charter of the arbitral tribunal. Contains the following: (Q-M-V-E-A-R-A): Questions to be settled Methods of selecting the arbitrators Venue Expense Arbitral Award Rules of procedure Law to be applied RIGHT OF ANGARY The right of a belligerent (most commonly, a government or other party in conflict) to seize and apply for the purposes of war (or to prevent the enemy from doing so) any kind of property on belligerent territory, including that which may belong to subjects or citizens of a neutral state. PACIFIC BLOCKADE a blockade exercised by a great power for the purpose of bringing pressure to bear on

UTI POSSIDETIS

a weaker state without actual war. Example: Argentinian Incident. CALVO CLAUSE Named after an Argentinian lawyer and statesman who invented it. It stipulates that the alien agrees in advance not to seek diplomatic intervention. Such is disregarded by international arbitral tribunals because the alien cannot waive a claim that does not belong to him but to his government. ATTENTAT CLAUSE Under the attentat clause, the murder of the head of state or any member of his family is not to be regarded as a political offense for purposes of extradition. A notable example was the adoption of the United States of the attentat clause in its extradition treaty with Belgium after the assassination of President Garfield. RETORSION A phrase used in International Law that contains unfriendly, but not internationally illegal act perpetrated by one nation upon another in retaliation or reprisal for a similar act perpetrated by the other nation. PRINCIPLE OF SPECIALTY IN EXTRADITION Under this principle, a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the extradition treaty. It must be stressed that, if a fugitive criminal is charged with any other offense committed before his escape, the state of refuge and not the accused has a right to object, nevertheless the prosecution will be allowed if the extraditing state agrees or does not complain. INNOCENT PASSAGE The right of all ships to engage in continuous and expeditious surface passage through the territorial sea and archipelagic waters of foreign coastal states in a manner not prejudicial to its peace, good order, or security. Passage includes stopping and anchoring, but only if incidental to ordinary navigation or necessary by force majeure or distress, or for the purpose of rendering assistance to persons, ships, or aircraft in danger or distress.

territory of one state, authorities of such state can pursue such foreign vessel in the high seas, provided that such pursuit is uninterrupted or continuously done until such foreign vessel reaches the territorial waters of another state. PRINCIPLE OF COMPLEMENTARITY ICC gives high respect to the national jurisdiction of every state. I entails that the ICC can only investigate and prosecute core international crimes when national jurisdictions are unable or unwilling to do so genuinely. The principle reflects a realization that it is preferable that such crimes are investigated and prosecuted in the country where they occurred and ICC onlye complements national jurisdiction. ACT OF STATE DOCTRINE a nation is sovereign within its own borders, and its domestic actions may not be questioned in the courts of another nation. PRINCIPLE OF DISTINCTION IN IHL parties to an armed conflict must distinguish between the civilian population and combatants and between civilian objects and military objectives. In order to spare civilians and the civilian population from hostilities and their effects, it is essential to define who and what may be attacked. EXEQUATUR a patent which a head of state issues to a foreign consul which guarantees the consul's rights and privileges of the office and ensures recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the government will usually provide some other means to recognize the consul. The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.

HOT PURSUIT IN INTERNATIONAL LAW Provides that when a foreign vessel has committed crime or violated a law within the