Law & Rights Glossary

The body of law regulating the conduct of parties during armed conflict, focusing on protection of persons and restrictions on means of warfare.

An act by a state involving the use of armed force against the sovereignty, territorial integrity, or political independence of another state, violating international law.

An act by a state or non-state actor that constitutes participation in armed conflict, triggering the application of international humanitarian law.

A doctrine preventing courts of one country from questioning the validity of public acts committed by a recognized foreign sovereign within its own territory.

A principle preventing courts of one country from questioning the validity of public acts performed by a recognized foreign sovereign within its own territory.

An exception allowing domestic courts to review foreign sovereign acts when they violate international law or fundamental rights. It limits the traditional immunity of states in judicial proceedings.

A temporary court established to prosecute specific crimes or conflicts, such as the International Criminal Tribunal for the former Yugoslavia.

Standards used by international courts or bodies to determine whether a case or complaint can be heard or reviewed.

Criteria used to determine whether a refugee claim is eligible for examination based on jurisdiction and substance before a refugee status determination authority.

Non-binding legal advice issued by an international court or tribunal upon request by authorized UN organs or agencies.

A method of interpreting treaties by considering the combined effect of multiple related treaty provisions to understand their overall meaning.

The use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state.

A Latin term meaning 'friend of the court'; a person or group offering information or expertise to assist a court in deciding a case.

The forcible acquisition of one state's territory by another state without the consent of the former.

A procedural entitlement allowing a party to appeal a decision to a higher court without needing permission or leave.

A situation of sustained combat between two or more organized armed groups, triggering the application of international humanitarian law.

A conflict occurring within a state between governmental forces and non-state armed groups, regulated by international humanitarian law provisions specific to internal conflicts.

An organized group not affiliated with any government that engages in armed conflict or violence.

An obligation requiring states to either extradite a suspected offender to another state or prosecute them domestically for serious international crimes.

Interpretation of treaty terms based on their independent meaning within international law, rather than relying on domestic law definitions. It ensures uniform application across states.

Weapons that can select and engage targets without human intervention, raising legal and ethical questions under international humanitarian law.

A WTO rule allowing countries temporary trade restrictions to address serious balance of payments difficulties without violating trade obligations.

United Nations rules on the treatment of women prisoners and non-custodial measures for women offenders, emphasizing gender-sensitive approaches.

Lines along the coast from which the breadth of the territorial sea and other maritime zones are measured under the law of the sea.

An agreement between two states to protect each other's nationals from surrender to the International Criminal Court without consent.

Agreements between two countries establishing terms and protections for private investment across borders.

A party who acquires property in good faith without knowledge of any defects or claims against it, relevant in international investment disputes.

The obligation of a party to present evidence sufficient to convince the arbitral tribunal of the truth of its claims or defenses.

Historical agreements granting privileges and immunities to foreign nationals within a host state, often affecting jurisdiction and legal treatment.

Regulations requiring that a certain percentage of government-impelled cargo be transported on national-flagged vessels to support domestic shipping industries.

A legal doctrine allowing treaties to become inapplicable due to a fundamental change of circumstances. It permits modification or termination of treaties under significant changes.

A provision in the Geneva Conventions establishing the International Committee of the Red Cross's right to monitor the treatment of prisoners of war and detainees.

A principle where the International Criminal Court acts only when national jurisdictions are unwilling or unable to prosecute serious crimes.

The ICC prosecutes crimes only when national jurisdictions are unwilling or unable to genuinely investigate or prosecute.

The principle that international courts may only prosecute crimes when national courts are unwilling or unable to do so genuinely.

The principle that international criminal courts prosecute crimes only when national jurisdictions are unwilling or unable to do so themselves.

A dispute resolution process mandated by treaty or law requiring parties to submit to conciliation before pursuing other remedies.

Jurisdiction that a court exercises over parties without their prior consent, typically under treaty provisions. It enables international courts to hear disputes mandatorily.

The situation where more than one court or tribunal has the authority to adjudicate the same dispute. It often occurs between domestic and international jurisdictions.

A maritime zone extending up to 24 nautical miles from the baseline where a state may enforce laws related to customs, immigration, and sanitation.

The seabed and subsoil extending beyond a coastal state's territorial sea to the outer edge of the continental margin, where the state has sovereign rights for resource exploration.

A principle allowing interception of neutral ships carrying contraband if the voyage is part of a continuous journey to an enemy state during armed conflict.

Acts taken by a state in response to another state's internationally wrongful act, intended to induce compliance with international obligations.

Certain widespread or systematic attacks against civilians, including murder, enslavement, torture, and persecution.

The movement of personal or sensitive data across national borders, often regulated by data protection and privacy laws.

Customary international human rights law consists of rights and obligations derived from consistent state practice and opinio juris, binding all states regardless of treaty ratification.

Rules derived from general practice accepted as law that regulate conduct during armed conflicts.

A comprehensive collection of rules derived from state practice and opinio juris that govern conduct during armed conflicts, recognized as binding even without treaty ratification.

International obligations arising from established state practices accepted as legally binding, even without written treaties.

The process by which consistent state practice accompanied by opinio juris creates binding international law norms. It requires both objective behavior and subjective belief in legal obligation.

The legal authority of a state to regulate conduct occurring in or affecting its cyberspace or digital infrastructure.

Criminal activities conducted through the internet or other digital means, including hacking, identity theft, and cyberterrorism.

A process to identify and minimize risks to personal data privacy before starting a new project or processing activity.

A designated individual responsible for ensuring an organization’s compliance with data protection laws like GDPR.

The concept that data is subject to the laws and governance of the country where it is collected or stored.

The legal theory that a state's existence is independent of recognition by other states and that recognition merely acknowledges an existing fact.

A binding decision rendered by an arbitral tribunal when one party fails to appear or respond to the proceedings.

The concept that a state has the right to govern and regulate digital infrastructure and data within its territory.

Protection granted by a state within its diplomatic premises to individuals fleeing persecution or legal prosecution in the host state.

The right of a state to protect its nationals by espousing their claims against another state for injuries caused by internationally wrongful acts. It is a mechanism of international responsibility.

All states possess equal rights and duties under international law regardless of their size or power.

A system where international law and domestic law operate separately, requiring domestic legislation to enforce international obligations.

Rights that guarantee access to education, health, work, and cultural participation, protected under international human rights treaties.

A criterion to attribute conduct to a state based on its effective control over non-state actors during armed conflict.

The actual, continuous, and peaceful display of state authority over a territory to establish sovereignty.

A principle in territorial acquisition requiring actual, continuous, and peaceful display of state authority over a territory to establish sovereignty.

A person compelled to leave their country due to sudden or gradual environmental changes adversely affecting their living conditions.

Rules ensuring fair and just division of maritime boundaries between states, considering geography and other relevant factors.

Legal obligations owed by states towards the international community as a whole, allowing any state to invoke responsibility for their breach.

A regional human rights court that enforces the European Convention on Human Rights against member states of the Council of Europe.

Voluntary payments made by a state or organization without admitting legal liability, often to victims of wrongful acts.

Voluntary payments made by a state or organization without admitting legal obligation, often to victims of conflict or human rights violations.

A contractual provision designating a specific court or tribunal as the sole forum to resolve disputes.

The act by a state of taking private property for public use, usually requiring prompt and adequate compensation under international investment law.

The state's taking of private property for public use, requiring prompt, adequate, and effective payment to the owner.

The formal process by which one state surrenders an individual accused or convicted of a crime to another state for prosecution or punishment.

A bilateral or multilateral agreement facilitating the handing over of accused or convicted persons between states.

Extradition treaty exceptions are specific legal grounds allowing states to refuse surrendering individuals to requesting states under certain conditions.

The extension of a state's criminal jurisdiction beyond its borders to prosecute offenses committed abroad. It is often justified by nationality or protective principles.

The extension of a state's human rights obligations beyond its territorial boundaries in certain situations.

Duties of states to respect and protect human rights beyond their own territory under certain circumstances.

The ability of a state to exercise legal power beyond its territorial boundaries under certain conditions.

A provision in a treaty allowing states to choose whether to accept certain obligations or procedures, such as dispute settlement mechanisms.

The authority and responsibility of a state to ensure that ships flying its flag comply with international regulations and standards.

The legal authority a state exercises over ships registered under its flag, including enforcement of laws on the high seas. It is fundamental to the law of the sea.

The responsibility of the state whose flag a vessel flies to ensure compliance with international maritime regulations and standards.

The coerced movement of people from their homes due to conflict, persecution, or disasters.

The unlawful coercion of an individual into marriage during armed conflict, recognized as a violation under international criminal law.

A legal doctrine allowing courts to dismiss a case when another forum is more appropriate for hearing the dispute.

Consent by a state to a court’s jurisdiction after proceedings have begun, allowing adjudication despite initial lack of jurisdictional consent.

The practice by parties to a dispute of choosing the most favorable court or tribunal in which to bring their legal case.

The principle allowing ships of all states to sail through international waters without interference, subject to international law.

The principle that the high seas are open to all states for navigation, fishing, and other lawful uses.

Immunity granted to state officials for acts performed in their official capacity, protecting them from foreign jurisdiction.

Protection granted to state officials from foreign jurisdiction for acts performed in their official capacity, distinct from personal immunity.

Jurisdiction exercised by a state or international body based on specific functions or activities rather than territorial or personal grounds.

Non-binding decisions or recommendations adopted by the United Nations General Assembly addressing international issues.

A European Union regulation that sets strict rules for the collection, use, and protection of personal data.

Treaty agreements supplementing the original Geneva Conventions to expand protections in armed conflicts, including non-international conflicts.

An article obligating all parties to international armed conflicts to respect and ensure respect for the Geneva Conventions in all circumstances.

A provision establishing minimum humanitarian protections in non-international armed conflicts.

An international treaty defining genocide and obligating states to prevent and punish its commission.

A country that receives and provides refuge or asylum to individuals fleeing persecution or conflict abroad.

The agreement by a state allowing foreign armed forces or peacekeepers to operate within its territory.

Duties imposed on a state that receives foreign diplomatic missions, international organizations, or refugees within its territory.

The unlawful seizing or detaining of individuals to compel actions from others during armed conflict, prohibited under international humanitarian law. It constitutes a serious violation subject to prosecution.

Control over foreign territory acquired through force without legal consent, generally considered illegal under international law.

An intergovernmental UN body responsible for promoting and protecting human rights globally through dialogue and investigations.

An expert committee established under a human rights treaty to monitor state compliance and review individual complaints.

Special legal protections granted to certain international actors, such as diplomats and international organizations, to enable their functions.

Protection granted to certain persons or property from enforcement measures such as seizure or attachment under foreign jurisdiction.

Immunity granted to state officials for acts performed in their official capacity, protecting them from foreign jurisdiction.

Absolute immunity granted to certain high-ranking state officials from foreign jurisdiction during their tenure.

Consent to be bound by a treaty inferred from a state's conduct rather than explicit signature or ratification. It reflects practical acceptance of treaty obligations.

The collective rights of indigenous peoples to their ancestral lands, recognized under international human rights and humanitarian law.

Rights recognizing the cultural, land, and self-determination claims of indigenous peoples under international law.

A procedure allowing individuals to bring alleged human rights violations to regional or international treaty bodies for investigation and remedy.

An autonomous organ of the Organization of American States that promotes and protects human rights in the Americas.

A regional human rights court that adjudicates alleged violations of the American Convention on Human Rights among member states.

A dispute resolution process where states submit their conflict to an arbitral tribunal for a binding decision outside of courts.

A procedure allowing one state to bring alleged human rights violations by another state before a regional human rights body.

Temporary orders issued by international courts or tribunals to preserve rights or prevent harm pending final judgment.

Temporary orders issued by arbitral tribunals to preserve rights or evidence pending the final award.

Interim measures of protection are temporary orders by international courts to prevent harm or preserve rights pending a final decision.

An international arbitration institution facilitating dispute resolution between foreign investors and states.

A multilateral treaty protecting fundamental civil and political rights like freedom of speech and fair trial.

A treaty recognizing rights related to work, education, health, and an adequate standard of living.

A permanent court that prosecutes individuals for crimes such as genocide, crimes against humanity, war crimes, and aggression.

A UN court established to prosecute persons responsible for genocide and other serious violations of international humanitarian law in Rwanda in 1994.

A U.S. law that grants the president authority to regulate international commerce during national emergencies. It has implications for sanctions and trade law.

An independent body established under the Geneva Conventions to investigate violations of international humanitarian law.

Binding treaties adopted by the International Labour Organization establishing international labor standards.

Internationally recognized guidelines and conventions protecting workers’ rights and promoting fair labor practices.

A UN body tasked with promoting the progressive development and codification of international law.

A specialized UN agency responsible for regulating shipping, maritime safety, and preventing marine pollution.

The body of law governing the protection of refugees, asylum seekers, and stateless persons under international treaties and customs.

A UN court established to prosecute serious crimes committed during the conflicts in the Balkans in the 1990s.

A specialized judicial body established to adjudicate disputes arising out of the interpretation and application of UNCLOS.

An action or omission attributable to a state that breaches an international obligation and causes injury to another state. It triggers state responsibility.

The lawful detention of enemy fighters during armed conflict without criminal charges under international humanitarian law.

Mechanisms through which states resolve conflicts peacefully, including negotiation, mediation, and adjudication.

A principle stating that a legal situation must be judged by the law in force at the time the act occurred, not by current law.

The use of force or influence by one state within the territory or affairs of another state without consent, generally prohibited under international law.

A state's lawful request for foreign military assistance within its territory to maintain order or counter threats.

The authority claimed by some states to intervene legally in another state's affairs under specific international law conditions.

The principle that prohibits states from intervening in the internal affairs of other states through coercive measures.

A mechanism allowing foreign investors to bring claims against host states for alleged treaty violations.

A dispute resolution mechanism allowing investors to bring claims against states under Bilateral Investment Treaties or trade agreements.

A legal doctrine attributing criminal responsibility to individuals who participate collectively in a common plan to commit crimes under international criminal law.

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

A set of rules regulating the conduct of hostilities and the protection of persons during armed conflicts.

Rules granting diplomats protection from legal processes in the host state to ensure safe and effective diplomatic relations. It is codified in the Vienna Convention on Diplomatic Relations.

Rules governing the rights and duties of states that remain neutral during armed conflicts between other states.

The principle that a ship is subject to the jurisdiction and laws of the state whose flag it flies.

The set of rules and principles that govern the creation, interpretation, application, and termination of treaties.

The capacity of international organizations to possess rights and obligations and to enter into treaties independently of their member states. It enables them to act in international law.

Formal requests from courts in one country to judicial authorities in another for assistance in obtaining evidence or serving documents.

A body of commercial law rules and principles developed by merchants and applied internationally in trade disputes.

A legal doctrine that a more specific law overrides a more general law when both apply to the same situation.

A legal doctrine where specific law overrides general law when both apply to a case.

A rule that a more specific law overrides a more general law when both apply to the same situation.

Restricted authority of coastal states over certain maritime zones, such as the contiguous zone, beyond territorial waters.

A historic English charter from 1215 limiting royal authority and establishing certain legal protections, foundational to constitutional law.

A doctrine allowing regional human rights courts to provide states some discretion in how they implement certain rights.

A principle allowing regional human rights courts to permit states discretion in how they implement certain rights.

A principle in international humanitarian law that requires parties to a conflict to take all feasible precautions to avoid or minimize incidental harm to civilians and civilian objects.

The process of establishing agreed maritime borders between states in overlapping sea areas under international law.

A provision in humanitarian law emphasizing protection based on principles of humanity and public conscience when no specific treaty rule applies.

A legal system where international law automatically becomes part of domestic law without requiring separate legislation.

Trade principle requiring states to treat all WTO members equally regarding trade advantages and tariffs.

A trade principle requiring a state to grant another state the same trade advantages it provides to any third party.

Fundamental human rights that cannot be suspended or limited, even during emergencies or armed conflicts.

An armed conflict occurring within a state between government forces and non-state armed groups, governed by specific IHL rules.

Compensation for losses that are not predetermined or fixed in amount but assessed by courts or tribunals based on proof of actual harm.

Compensation for damages not predetermined or fixed by contract, assessed after a dispute in international investment law.

The principle prohibiting states from returning refugees or asylum seekers to territories where their life or freedom would be threatened.

Prohibits returning refugees or asylum seekers to countries where they face serious threats to life or freedom.

An obligation owed by states towards all other states and the international community, not just specific parties.

The UN agency mandated to protect and support refugees, stateless persons, and displaced populations worldwide.

Optional clause declarations are unilateral commitments by states accepting the jurisdiction of the International Court of Justice as compulsory in legal disputes.

Additional treaties linked to a main human rights treaty that expand rights or establish complaint mechanisms.

A principle meaning agreements must be kept, obliging states to honor their treaty commitments in good faith.

A legal principle restricting the use of extrinsic evidence to interpret or modify the terms of a written treaty or contract.

A fundamental principle of international law accepted by the international community from which no derogation is permitted.

Fundamental principles of international law from which no derogation is permitted and which bind all states universally.

An intergovernmental organization providing a forum for resolving international disputes through arbitration and other peaceful means.

A principle recognizing states' rights to control and exploit natural resources within their territory without external interference.

A state that consistently objects to an emerging customary international law norm and thus is not bound by it once established.

A state consistently opposing an emerging customary international law norm may exempt itself from being bound by that norm.

The ICC jurisdiction principle that allows it to prosecute only when national courts are unwilling or unable to do so.

An obligation in international law requiring parties to act honestly and sincerely in fulfilling treaty commitments.

A fundamental rule requiring equal treatment of persons or entities without unjustified distinctions in law or policy. It underpins many human rights and trade agreements.

The rule prohibiting states from intervening in the internal or external affairs of other states in a manner violating sovereignty.

The obligation not to return refugees or asylum seekers to a country where they face serious harm or persecution.

Treaties are binding upon the parties and must be performed in good faith without unilateral withdrawal or violation.

The principle of universal succession governs the transfer of rights and obligations from one state to another, such as when a new state replaces a predecessor.

Weapons banned under international law due to their indiscriminate effects or unnecessary suffering, such as chemical and biological weapons.

The principle that military actions must avoid excessive force in relation to the anticipated military advantage.

A legal principle requiring that measures taken in armed conflict or law enforcement are necessary and not excessive relative to the desired objective.

The proportionality test assesses whether a limitation on a human right is suitable, necessary, and balanced against the legitimate aim pursued.

The temporary application of a treaty before its formal entry into force, pending ratification or approval.

Temporary orders issued by international courts to preserve rights or prevent harm pending final judgment.

Urgent orders issued by international courts to prevent irreparable harm before a final decision is made. They aim to preserve rights and prevent escalation during disputes.

Qualified majority voting is a decision-making process requiring a specified threshold of weighted votes, often used in international organizations to adopt binding measures.

The forcible return of refugees or asylum seekers to a country where they face serious threats to life or freedom, prohibited under international law.

A unilateral statement by a state when signing, ratifying, or acceding to a treaty that excludes or modifies the legal effect of certain provisions in their application to that state.

The right to an effective remedy guarantees individuals access to legal recourse and justice when their human rights are violated.

The entitlement of individuals to seek protection in another state when facing persecution or serious harm in their home country.

A collective human right recognizing peoples' entitlement to participate in, contribute to, and enjoy economic, social, cultural, and political development.

The right protecting individuals against unlawful surveillance and data interception in electronic communications.

A UN Security Council body responsible for overseeing the implementation of sanctions regimes against states or entities.

Coordinated measures imposed by states or international organizations to influence behavior of targeted states or entities.

An international organization established to regulate mineral-related activities in the international seabed area beyond national jurisdiction.

Self-determination of peoples is the principle that communities have the right to freely determine their political status and pursue their economic, social, and cultural development.

A treaty provision that becomes effective in domestic law without the need for additional legislation.

Non-binding norms, principles, or declarations that influence international behavior without having formal legal force.

Non-binding agreements, declarations, or guidelines that influence state behavior without legal enforceability.

Sovereign debt restructuring is the process by which a state renegotiates its debt obligations to improve repayment terms and financial stability.

The principle that a sovereign state cannot be sued in the courts of another state without its consent.

A designated area within a state with distinct economic regulations to attract foreign investment and trade.

An independent expert appointed by the UN to investigate, monitor, and report on human rights issues or thematic mandates.

A special rapporteur mandate authorizes an independent expert to investigate, monitor, and report on specific human rights issues or country situations.

The concept that a state is bound by international law only when it has given explicit or implicit consent to be bound.

The principle that a sovereign state and its property are immune from the jurisdiction of foreign national courts without consent.

A doctrine that protects a sovereign state from enforcement measures like seizure of assets in foreign courts without its consent.

The legal authority a state has to regulate conduct and enforce laws within its territory or over its nationals abroad.

Consistent and general behavior by states followed out of a sense of legal obligation, forming a source of customary international law.

The legal accountability of a state for internationally wrongful acts that breach its obligations under international law.

The legal process by which one state replaces another in responsibility for the international relations of a territory. It affects treaties, debts, and rights associated with the territory.

The rules governing the continuity or termination of treaty obligations when a state undergoes fundamental changes like dissolution or unification.

Statelessness determination procedures are legal processes used to identify individuals who lack nationality under any state's laws.

Substantive jurisdiction is the authority of a court or tribunal to hear and decide cases concerning specific subject matters or legal issues.

The principle that international borders of a state should not be violated or altered without consent, protecting state sovereignty.

A belt of coastal waters extending up to 12 nautical miles from the baseline, over which a state has sovereignty.

The low-water line along the coast from which the breadth of the territorial sea is measured.

Lines from which the breadth of the territorial sea is measured according to international law of the sea.

A belt of coastal waters extending up to 12 nautical miles from a state's baseline, subject to its sovereignty under international law.

The involvement of an external state or organization in an ongoing dispute or conflict between other states with consent or without.

A committee of independent experts monitoring implementation of core international human rights treaties by states parties.

The process of determining the meaning and application of treaty provisions based on text, context, and object and purpose, guided by rules in the Vienna Convention on the Law of Treaties.

An agreement by which a state becomes a party to an existing treaty, accepting all its rights and obligations.

A unilateral statement by a state when signing a treaty, excluding or modifying the legal effect of certain provisions.

Declarations made by states to exclude or modify the legal effect of certain treaty provisions in their application.

Treaty reservations are unilateral statements modifying treaty obligations, while objections are responses by other states rejecting such reservations.

The process by which a newly formed state assumes the treaty obligations and rights of a predecessor state.

Treaty termination clauses specify the conditions and procedures under which a treaty may be ended or withdrawn from by the parties.

A treaty body monitoring implementation of the International Covenant on Civil and Political Rights by its state parties.

A foundational UN document adopted in 1948 outlining fundamental human rights standards globally.

Allows states to prosecute certain serious international crimes regardless of where they occurred or the nationality of perpetrators or victims.

A mechanism of the UN Human Rights Council that reviews the human rights records of all UN member states every few years.

Vessel flag state responsibilities include enforcing laws and safety regulations on ships registered under their jurisdiction on the high seas.

An international agreement that codifies the rules for creating, interpreting, and terminating treaties between states.

The process by which refugees return to their home country voluntarily and in safety, often facilitated by international organizations.

Serious violations of the laws and customs applicable in armed conflict, including targeting civilians and mistreatment of prisoners.

War crimes jurisdiction is the legal authority to prosecute individuals accused of serious violations of international humanitarian law during armed conflicts.

A court established to prosecute individuals accused of serious violations of international humanitarian law during armed conflicts. It may be ad hoc or permanent.

The WTO Dispute Settlement Understanding is the agreement outlining procedures for resolving trade disputes among World Trade Organization members.

Zero tolerance policy in international humanitarian law mandates strict prohibition and punishment of grave breaches such as torture or targeting civilians.

A region designated by treaty or agreement where states commit to peace, non-aggression, and neutrality obligations.