Par in parem non habet imperium (Latin for 'equals have no sovereignty over each other') is a general principle of international law, forming the basis of state immunity. [1] [2] Because of this principle, a sovereign state cannot exercise jurisdiction over another sovereign state. [3] [4] [5]
Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people in order to establish a law or change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome. According to the dictionaries, the word is a variant of the Latinized name of Burchard of Worms, Bishop of Worms, Germany, who compiled 20 volumes of Ecclesiastical Rules, although some sources disagree.
Alfred-Maurice de Zayas is a Cuban-born American lawyer and writer, active in the field of human rights and international law. From 1 May 2012 to 30 April 2018, he served as the first UN Independent Expert on the Promotion of a Democratic and Equitable International Order, appointed by the United Nations Human Rights Council.
Friedrich Fromhold Martens, or Friedrich Fromhold von Martens, was a diplomat and jurist in service of the Russian Empire who made important contributions to the science of international law. He represented Russia at the Hague Peace Conferences and helped to settle the first cases of international arbitration, notably the dispute between France and the United Kingdom over Newfoundland. As a scholar, he is probably best remembered today for having edited 15 volumes of Russian international treaties (1874–1909).
Emer (Emmerich) de Vattel was an international lawyer. He was born in Couvet in the Principality of Neuchâtel in 1714 and died in 1767. He was largely influenced by Dutch jurist Hugo Grotius.
Sami Awad Aldeeb Abu-Sahlieh is a Swiss Palestinian lawyer.
Rechtsstaat is a doctrine in continental European legal thinking, originating in Dutch and German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity".
Non-refoulement is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of persecution based on certain category of persons, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales. It is a principle of customary international law, as it applies even to states that are not parties to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol. It is also a principle of the trucial law of nations.
French law has a dual jurisdictional system comprising private law, also known as judicial law), and public law.
International law is the set of rules, norms, and standards generally recognised as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it is primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
A sovereign state is a state that has the highest authority over a territory. International law defines sovereign states as having a permanent population, defined territory, a government not under another, and the capacity to interact with other sovereign states. It is also commonly understood that a sovereign state is independent.
Swiss law is a set of rules which constitutes the law in Switzerland.
The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns is a legal treatise on international law by Emerich de Vattel, published in 1758.
Emmanuelle Tourme-Jouannet is a professor of International law at the Sciences Po School of Law. She teaches and carries out research in International law, International dispute, Human rights and International humanitarian law as well as in History of law and Philosophy of law. Her career as a jurist and a philosopher has begun after having taken courses in law and philosophy respectively at Panthéon-Assas University and the Paris-Sorbonne University.
Joseph Marie Philippe Thierry was a French lawyer and politician. He was deputy for Bouches-du-Rhône from 1898 to 1918. He was Minister of Public Works in 1913 and Minister of Finance in 1917. As Minister of Finance he introduced reforms that made the newly introduced income tax more progressive.
Global policeman is an informal term for a superpower which seeks or claims the right to intervene in other sovereign states. It has been used, firstly for the United Kingdom and, since 1945, for the United States, though it has been suggested that China has been seeking to take over the role in the 21st century.
The law of Andorra includes customary law and legislation.
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society ... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restrictions on Articles 8–11 have been described as "vast limitations", in contrast to American law which recognizes nearly unlimited right to freedom of speech under the First Amendment.
Criminal law in France is one of the branches of the juridical system of the French Republic. The field of criminal law is defined as a sector of French law, and is a combination of public and private law, insofar as it punishes private behavior on behalf of society as a whole. Its function is to define, categorize, prevent, and punish criminal offenses committed by a person, whether a natural person or a juridical person. In this sense it is of a punitive nature, as opposed to civil law in France, which settles disputes between individuals, or administrative law which deals with issues between individuals and government.
The principle of legality in French criminal law holds that no one may be convicted of a criminal offense unless a previously published legal text sets out in clear and precise wording out the constituent elements of the offense and the penalty which applies to it. (Latin:Nullum crimen, nulla pœna sine lege, in other words, "no crime, no penalty, without a law").