Inglês para o Direito Internacional: vocabulário e frases essenciais

"customary international law"

Rules of international law derived from the consistent practice of states accompanied by a belief that such practice is legally obligatory (opinio juris)

"The tribunal found that the prohibition on torture had attained the status of customary international law, binding all states regardless of treaty ratification."

"jus cogens"

Peremptory norms of international law from which no derogation is permitted, such as the prohibitions on genocide and slavery

"The court held that the obligation not to commit crimes against humanity constitutes jus cogens and cannot be overridden by bilateral agreement."

"opinio juris"

The belief by states that a practice is legally required, one of the two elements necessary to establish customary international law

"Counsel argued that state practice alone was insufficient; the claimant had to demonstrate opinio juris before the rule could be recognised as customary law."

"treaty obligation"

A legally binding duty assumed by a state upon ratification of an international treaty

"The respondent state acknowledged its treaty obligation to provide consular access but disputed the scope of the remedy sought."

"erga omnes"

Obligations owed by a state to the international community as a whole, rather than to specific states

"The International Court of Justice confirmed that the obligation to prevent genocide is an erga omnes obligation enforceable by any state."

"general principles of law"

A source of international law comprising principles recognised by civilised nations, used to fill gaps in treaty and customary law

"In the absence of an applicable treaty rule, the arbitral tribunal relied on the general principles of law, including the principle of good faith."

"soft law"

Non-binding instruments such as resolutions, guidelines, and declarations that can influence state behaviour and eventually crystallise into hard law

"Although the UN guidelines on business and human rights are soft law, they have shaped corporate practice and national legislation worldwide."

"codification"

The process of systematically restating and reducing existing customary international law into written treaty form

"The Vienna Convention on the Law of Treaties represents a landmark codification of the rules governing treaty formation, interpretation, and termination."

"territorial jurisdiction"

The authority of a state to exercise legal power over all persons, acts, and events occurring within its borders

"Spain asserted territorial jurisdiction over the offences committed on its soil, rejecting the defendant's claim of immunity."

"universal jurisdiction"

The principle that certain grave crimes, such as genocide and piracy, may be prosecuted by any state regardless of where they occurred or the nationality of the accused

"Belgium invoked universal jurisdiction to indict a former foreign minister of the Democratic Republic of Congo for war crimes."

"state immunity"

The principle under international law that a foreign state and its property cannot be subject to the jurisdiction of another state's courts without consent

"The court upheld state immunity and dismissed the claim, finding that the defendant's acts were sovereign in nature rather than commercial."

"compulsory jurisdiction"

The acceptance by states of a court's authority to settle disputes without requiring specific consent for each case

"Under the optional clause of the ICJ Statute, both parties had accepted the court's compulsory jurisdiction, enabling the case to proceed."

"exhaustion of local remedies"

A procedural rule requiring an injured individual or state to pursue all available domestic legal remedies before bringing a claim at the international level

"The respondent argued that the applicant had failed to exhaust local remedies by not appealing to the supreme court before bringing proceedings before the human rights committee."

"forum non conveniens"

A doctrine allowing a court to decline jurisdiction if another forum is clearly more appropriate for resolving the dispute

"The High Court stayed the proceedings on grounds of forum non conveniens, noting that all key witnesses and evidence were located in the defendant's home state."

"admissibility"

The threshold question of whether a claim meets the procedural requirements allowing an international tribunal to hear it on its merits

"Before examining the substance of the case, the tribunal addressed admissibility, finding that the six-month rule had been satisfied."

"ratione personae"

The personal scope of a court's jurisdiction, defining who may be a party to proceedings

"The court ruled that its jurisdiction ratione personae did not extend to non-state actors, and therefore the claim against the armed group was inadmissible."

"arbitration"

A method of resolving international disputes by submitting them to an impartial tribunal whose decision is legally binding on the parties

"The investor initiated arbitration under the ICSID Convention after the host state expropriated its assets without compensation."

"conciliation"

A non-binding dispute resolution process in which a third party examines the dispute and proposes terms of settlement

"After direct negotiations failed, the parties agreed to conciliation under the auspices of the Permanent Court of Arbitration."

"provisional measures"

Emergency orders issued by an international court to preserve the rights of parties and prevent irreparable harm pending a final judgment

"The ICJ granted provisional measures requiring the respondent to refrain from military operations in the disputed territory while the case was pending."

"award"

The final, legally binding decision issued by an arbitral tribunal resolving the substantive issues in dispute

"The arbitral tribunal issued its award eighteen months after the final hearing, ordering the state to pay damages of $250 million."

"amicus curiae"

A brief or submission filed by a non-party with special expertise or interest in a case, offered to assist the court

"Several human rights organisations were granted leave to file amicus curiae briefs outlining the humanitarian consequences of the proposed order."

"locus standi"

The legal standing or right of a party to bring a case before a tribunal or court

"The tribunal questioned whether the claimant had locus standi as a mere shareholder rather than the direct owner of the affected investment."

"res judicata"

The principle that a matter already decided by a competent tribunal may not be re-litigated by the same parties

"The respondent invoked res judicata, arguing that the identical claim had already been dismissed by the same tribunal in prior proceedings."

"declaratory judgment"

A court ruling that declares the legal rights and obligations of the parties without ordering specific performance or awarding damages

"The applicant sought a declaratory judgment establishing that the respondent's border demarcation violated the 1987 treaty."

"principle of distinction"

A fundamental rule of international humanitarian law requiring parties to a conflict to distinguish at all times between civilians and combatants

"The prosecutor argued that the commander had violated the principle of distinction by ordering attacks on populated villages without verifying the presence of military objectives."

"proportionality"

The rule that anticipated civilian harm must not be excessive in relation to the expected concrete and direct military advantage of an attack

"The commission concluded that the strike on the power plant failed the proportionality test given the foreseeable impact on civilian hospitals."

"protected persons"

Individuals entitled to special protection under the Geneva Conventions, including civilians, prisoners of war, and the wounded

"The detainees were classified as protected persons under the Third Geneva Convention and were entitled to humane treatment and access to the International Committee of the Red Cross."

"war crimes"

Serious violations of international humanitarian law committed during armed conflict, giving rise to individual criminal responsibility

"The indictment charged the accused with war crimes including wilful killing, torture, and the unlawful destruction of civilian property."

"belligerent occupation"

The effective control of territory by an occupying power during armed conflict, subject to specific duties under international law

"The Security Council resolution called on the occupying power to comply with its obligations under the Fourth Geneva Convention during the belligerent occupation."

"non-international armed conflict"

An armed conflict between a state's armed forces and organised non-state armed groups, or between such groups, within the territory of a state

"The tribunal held that common Article 3 of the Geneva Conventions applied to the non-international armed conflict between government forces and the rebel coalition."

"command responsibility"

The doctrine holding military commanders and civilian superiors criminally liable for crimes committed by their subordinates if they knew or should have known and failed to prevent them

"The general was convicted on the basis of command responsibility after the prosecution demonstrated that he had failed to investigate repeated reports of abuse by soldiers under his command."

"military necessity"

The principle permitting measures that are actually necessary to accomplish a legitimate military purpose and not otherwise prohibited by international humanitarian law

"The defence argued that the destruction of the bridge was justified by military necessity as it was being used to supply enemy forces."

"non-derogable rights"

Rights that cannot be suspended by a state even in times of public emergency, such as the right to life and freedom from torture

"The committee confirmed that the prohibition on torture is a non-derogable right and cannot be justified by national security considerations."

"margin of appreciation"

The discretion afforded to national authorities in implementing human rights obligations, reflecting the principle of subsidiarity

"The European Court of Human Rights accorded the respondent state a wide margin of appreciation in regulating freedom of assembly in the context of public order."

"positive obligation"

A duty requiring a state to take active steps to protect and fulfil human rights, rather than merely refrain from violating them

"The court held that the state had breached its positive obligation to protect the applicant's right to life by failing to conduct an effective investigation into the killing."

"reparations"

Remedies provided to victims of human rights violations, including restitution, compensation, rehabilitation, and guarantees of non-repetition

"The Inter-American Court ordered the state to provide reparations comprising financial compensation, public acknowledgment, and guarantees of non-repetition."

"individual petition"

A complaint submitted directly by an individual or group to an international human rights body alleging a violation by a state

"Unable to obtain redress domestically, the applicant submitted an individual petition to the UN Human Rights Committee under the Optional Protocol to the ICCPR."

"state report"

A periodic document submitted by a state party to a treaty body detailing its compliance with the obligations under that treaty

"The committee reviewed the state report and expressed concern about persistent obstacles to access to justice for indigenous communities."

"non-refoulement"

The principle prohibiting a state from returning a person to a territory where they face a real risk of persecution, torture, or serious harm

"The court ruled that deporting the applicant to the country of origin would violate the principle of non-refoulement in light of credible evidence of systematic torture."

"due diligence"

The obligation of states to take reasonable measures to prevent, investigate, punish, and remedy human rights violations, including those by private actors

"The special rapporteur found that the government had failed its due diligence obligation by ignoring repeated warnings about violence against women in the workplace."

"memorial"

A written pleading submitted by the applicant state in contentious proceedings before an international court, setting out its factual and legal arguments

"Nicaragua filed its memorial within the time limit set by the ICJ, presenting detailed evidence of alleged cross-border armed activities."

"counter-memorial"

The written pleading submitted by the respondent state in reply to the applicant's memorial

"In its counter-memorial, Colombia challenged both the factual record and Nicaragua's legal characterisation of the events in dispute."

"preliminary objections"

Procedural challenges raised by a party contesting the jurisdiction of the court or the admissibility of the claim before the merits are examined

"The respondent filed preliminary objections arguing that the dispute fell outside the court's jurisdiction ratione materiae."

"burden of proof"

The obligation on a party to establish the facts and legal arguments necessary to support its claim to the satisfaction of the tribunal

"The tribunal reiterated that the burden of proof lies with the claimant and that bare assertions without supporting evidence are insufficient."

"standard of proof"

The level of certainty required to establish a fact before a tribunal, which varies depending on the gravity of the allegation

"The chamber applied a heightened standard of proof to the allegations of genocide, requiring clear and convincing evidence before making a finding."

"oral pleadings"

The spoken arguments presented by counsel before an international tribunal during public hearings

"Oral pleadings in the maritime delimitation case lasted four days, with each party presenting four advocates and a series of expert witnesses."

"dispositif"

The operative paragraph of an international court judgment setting out the precise decision and orders of the court

"The dispositif of the judgment declared the respondent in violation of its treaty obligations and ordered it to cease the conduct and make full reparation."

"dissenting opinion"

A written statement by a judge who disagrees with the majority decision, explaining the legal basis for their disagreement

"Judge Crawford appended a strongly worded dissenting opinion, arguing that the majority had misconstrued the customary law rule on countermeasures."