acts jure imperii acts that are performed in the exercise of sovereign or governmental functions

aggression the use of armed force by a state against the territorial integrity or political
independence of another state General Assembly Resolution 3314 (XXIX) .
anarchy the absence of government or a political superior within a society. Regarded as being of
particular significance to the society of states.
anticipatory self-defence a controversial concept Within international law which posits that states
are entitled to use military force in self-defence in the face of a threat of force by other states.
See also Self-defence amnesty general pardon especially for a political offence.
Austiniafl handicap phrase used to refer to the claim by Austin, a jeteenth-ceflt1ry English jurist,
that international law was not law properly so-called because it was not commanded by a
sovereign and was not supported by sanctions
basic norm (grundnorm) fundamental governing principle of a legal systems similar to the
concept of a rule of recognition
binding obligation a requirement to do or to refrain from doing a particular act under penalty of
the law
black-letter law a strict textual approach to the study of law
coercion controlling of action of another state by force, be it political economic or military
common law unwritten law purporting to be derived from ancient usage compliance theory a
theory existing in both international law and international relations that focuses on building
measures with which states are able and willing to comply
constitutional law the study of the fundamental principles according to which a state or other
organization is governed
constructivism a critical branch of international relations theory that focuses on the social
relationships of states within the international systems arguing that state identities and interests
are constructed by intersubjective social structures.
convention formal treaty instrument of a multilateral character on a topic which is generally of
considerable importance
countermeasures retaliatory measures taken by one state against another which may be lawful
insofar ac they are proportionate and do not involve the use of force
crime against humanity term used to refer to criminal acts which offend against the whole of
mankind and which, accordingly, attract universal jurisdiction (see also Universal jurisdiction).
customary international law a primary source of international law deriving from the practice of
states coupled with a general belief that the practice in question is legally binding.

Diplomatic immunity the immunity of diplomatic agents from the civil and administrative and
criminal jurisdiction of the state to which they have been sent to represent their country (the
receiving state). See Vienna Convention on Diplomatic Relations 1961, Article 31
diplomatic privileges exemptions enjoyed by diplomatic personnel from the substantive law of
the receiving state. Examples include exemption from taxation and customs duties
direct applicability phrase used to describe a rule of law that is automatically operative without
the need for further enactment
direct effect phrase used, particularly in relation to European Union Law, to describe the way in
which law is able to confer rights and duties directly upon individuals domestic jurisdiction the
right of a state to have primary responsibility for all matters which occur within its territorial
boundaries
double criminality a requirement of the law of extradition that an extraditable crime be
recognized as a crime within the jurisdiction of both the extraditing and the requesting state
enforcement action within the context of international law, each state is entitled to enforce its
own rights as against other states insofar as it acts within the law in doing so. A form of
centralized enforcement action is provided for under the auspices of the United Nations Security
Council in Chapter VII (Articles 3951) of the UN Charter
executive branch of government concerned with executing laws
expropriation unlawful seizure of property by a state from its lawful owner
exterriforiality a now discredited theory of diplomatic law which traces diplomatic immunity
back to the fiction that the diplomatic mission and all diplomatic representatives were deemed
not to be on the territory of the receiving state
extra-territorial offences offences over which a state has jurisdiction notwithstanding the fact
that they occurred outside the territory of that state

forum state state in which a particular court of law is situated and has the authority to act
firnctional necessity the principal theoretical basis for the granting of diplomatic privileges and
immunities which has regard to the ability of the diplomatic agent fully to perform his functions
without fear of interference
general principles of law a category of sources of international law which identifies the existence
of legal principles common to the domestic law of civilized states and which are capable of
being applied to international law

genocide deliberate extermination of a race, nation or other identifiable grouping of individuals

head of state immunity the immunity of the head of one state from the civil and administrative
and criminal jurisdiction of another state hegemony leadership; pre-eminence of one state in the
relations between sovereign, equal states

idealism a theory of international relations developed in the immediate aftermath of World War I
which was based on the assertion that international law and international organizations possessed
the power to prevent future wars

immunity ratione materiae immunity, be it state or diplomatic, which attaches to an individual by

virtue of the official nature of his acts
ratione personae immunity, be it state or diplomatic, which attaches to an individual by reason of
his office

idealists proponents of the theory of idealism (see also Idealism) institutionalism a theory of
international relations that seeks to move away from the realist paradigms concerning the
significance of power and the centrality of the state by focusing on appreciation for law, rules
and institutions. The focus of institutionalists is broader than formal international organizations
but narrower than the structure of the international system (Beck et at., 1996)

internalization the process, central to transnational and liberal theories of international relations,
by which international legal rules become recognized within the domestic legal structures of
states
inviolability specifically in relation to diplomatic law, the right of a diplomatic agent or mission
not to be violated

iteration repeated action or omission of a state within a legal process. See, in particular, Setear
(1997)
judiciary collective name for the judges of a state juridical relating to the law
jurisdiction the right of a state to prescribe and enforce laws. The primary basis of jurisdiction is
territorial which allows a state to make and enforce rules within its own boundaries- However,

jurisdiction may also exist over non-resident nationals on the basis of the nationality principles or
indeed, over non-resident, non-nationals on the basis of universality or more controversially on
the basis of the security and passive personality principles

Jurisprudence science or philosophy of law jus cogens a peremptory norm of general

international law, which has the effect of overriding all other norms of international law. See
further Vienna Convention on the Law of Treaties 1969, Article 53
law-habit idea that states follow international law out of habit or, more precisely1 out of the
laws current acceptability and the interest of the international community in vindicating it
liberalism a branch of international relations theory, which focuses on individuals and private
groups as the fundamental actors in international relations and emphasizes the role of democracy
in contributing to peace and stability in international politics
legal personality the existence of rights and duties together with the procedural capacity to
enforce those rights and duties in a legal system legislation law created by a legislative body, that
is a body given the power to make such law
legislature body within a state that is given the power to make law in respect of that state
natural law (naturalism) a theory of law, developed from divine law, which is identified with
reason and mans innate ability to identify what is right and just. Law is, accordingly based on
the innate moral sense neo-realism a development of realist theorizing in international relations
which, while accepting many of the core realist assumptions argues that states are capable of
cooperation in pursuit of absolute gains non- principle of international law enshrined in Article
2(7) of the UN Charter which prohibits the involvement by one state in the affairs of another
state
norm a standard or indicator of behaviour
obligation a binding agreement or duty
pacta sunt servanda requirement or acceptance by states that they should perform their
obligations in good faith. Particularly relevant to the law of treaties see, e.g. Vienna
Convention on Law of Treaties Article 26, which provides that: every treaty in force is binding
upon the parties to it and must be performed by them in good faith.

par in parem non habet imperiurn Latin maxim which specifically means that no state can be
expected to submit to the laws of another. It forms the cornerstone of the doctrine of state
immunity (see also State immunity)

persona non grata the right of a state receiving a diplomatic agent to declare the agent to be no
longer acceptable and to request his withdrawal.

positivism theory of international law that suggests that law emanates from the free will of
independent sovereign states. At its most extreme, the theory denies the possibility of any legal
restraints on a state other than those to which it has expressly consented

primary rules: rules identified by the legal philosopher H.L.A. Hart as the rules that directly
regulate the conduct of the members of a society proportionality principal requirement of the
right of a state to take lawful countermeasures against another state. The concept is particularly
relevant in relation to the right of self-defence

provisional measures non-binding measures that may be imposed on a state by the International
Court of Justice prior to a hearing on the merits of a case

quasi-universal jurisdiction a form of universal jurisdiction which is created by treaty and so is

dependent upon the specific consent of states to that jurisdiction through the signing and
ratification of the relevant treaty (see also Universal jurisdiction)

realism the dominant theory of international relations which regards states, the primary actors on
the world stage, as existing in a state of permanent anarchy where power and the pursuit thereof
is the dominant consideration
realists proponents of the theory of realism (see also Realism) reciprocity principle or practice of
give-and-take in interchange between states
recognition political act with legal consequences acknowledging validity or genuineness of a
new state or government

regime term used by international relations scholars to identify the principles, norms, rules and
decision-making procedures that pattern state expectations and behaviour (Slaughter Burley,
1993)
regime theory the study of international regimes

representative character theory a theory of diplomatic law which traces the privileges and
immunities of a diplomatic agent back to the rights of the sovereign or state he represents
responsibility liability of states under international law for injurious acts rule of recognition
general agreement among those to whom a legal system is addressed that the law is binding on
them

secondary rules criteria by which primary rules of a legal system are identified, altered and
applied
self-defence basic principle of international law, found in customary international law and
confirmed in the UN Charter Article 51, allowing states to defend themselves in the face of an
armed attack by another state
shared expectations a concept similar to opinio furls by which states agree on what the lawful
course of action is in a given situation
sovereignty a legal concept, central to the question of statehood, associated with the idea of
supreme law-making power within a state and which, when translated into the international
sphere has given rise to claims of states to be above the law. (See further discussion of this
concept in Chapter 2.)
state immunity the immunity of a state from the civil and administrative and criminal
jurisdiction of another
structural realism a development of realist theory of international relations which focuses more
upon the structure of the international community and structural causes of conflict rather than the
characteristics of states which may lead to conflict. Structural realists consider states to be
positional actors, motivated not so much by the prospect of absolute gains as the need to
maintain or enhance their position vis--vis other states in order to ensure survival. (Beck et al.,
1996, p. 145)
transnational law a concept, first coined by Phillip Jessup, which asserts that the domestic
international distinction in law no longer exists and that there exists instead a system of

transnational legal rules created by private actors as well as governments which can be enforced
by domestic as well as international tribunals
treaty an international agreement concluded between states in written form and governed by
international law, whether embodied in a single instrument or in two or more related instruments
and whatever its particular designation. Vienna Convention on Law of Treaties, Article
2(1)
universality see Universal jurisdiction
universal jurisdiction the rights or indeed the duty, established under customary international
law, of all states to prosecute or extradite an individual accused of certain crimes under
international law veto specifically with reference to the voting procedure of the UN Security
Council, the veto is the exercise by one of the five permanent members of a vote against a
resolution of the Security Council on all matters other than simply procedural matters.