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Erga omnes obligations attach when there is a serious breach of peremptory norms of international law like those against piracy, genocide and wars of aggression. [2] [3] The concept was recognized in the International Court of Justice's decision in the Barcelona Traction case [4] [(Belgium v Spain) (Second Phase) ICJ Rep 1970 3 at paragraph 33]:
Barcelona Traction, Light, and Power Company, Ltd was a corporation incorporated in Canada, with Toronto headquarters, that made and supplied electricity in Spain.It had issued bonds to non-Spanish investors, but during the Spanish Civil War (1936–1939), the Spanish government refused to allow BTLP to transfer currency to pay bondholders the interest that they were due.
A legal proceeding conducted without the presence of one party is said to be conducted in absentia, e.g., trial in absentia or being sentenced in absentia. in articulo mortis: at the moment of death Often used in probate law, as well as for testimony in the sense of a dying declaration. in camera: in the chamber Conducted in private, or in secret.
The examples and perspective in this article describes the legal aspects of some unnamed country as universal and may not represent a worldwide view of the subject. You may improve this article describes the legal aspects of some unnamed country as universal and, discuss the issue on the talk page, or create a new article describes the legal aspects of some unnamed country as universal and, as ...
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses ...
D.A. – D.B.A. – D.U.I. – D.W.I. – Damages – Damnation – Dangerous weapon – Data protection – Date rape – Daubert standard – Day in court – de bonis asportatis – de bonis non administratis – de facto – De facto corporation – de futuro – de integro – de jure – De jure corporation – de lege ferenda – de lege lata – de minimis – de novo – Deadlock ...
An argumentum ab inconvenienti is one based on the difficulties involved in pursuing a line of reasoning, and is thus a form of appeal to consequences. The phrase refers to the legal principle that an argument from inconvenience has great weight. ab incunabulis: from the cradle: i.e., "from the beginning" or "from infancy".
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.