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October 04 2022 - §§ metro

More Good Latin for your Treason Hearing

Stimson doctrine, enunciated in a note of 7 January 1932

The Stimson Doctrine is the policy of nonrecognition of states created as a result of aggression.[1][2][3] The policy was implemented by the United States federal government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of non-recognition of international territorial changes that were executed by force. The doctrine was an application of the principle of ex injuria jus non oritur.[4] While some analysts have applied the doctrine in opposition to governments established by revolution, this usage is not widespread, and its invocation usually involves treaty violations.
[1] States in international law, by Encyclopædia Britannica.
[2] O’Mahoney, Joseph (2018). Denying the Spoils of War: The Politics of Invasion and Non-recognition. Edinburgh University Press. doi:10.3366/j.ctt1tqx9nb. ISBN 978-1-4744-3443-0.
[3] O’Mahoney, Joseph (2014-09-01). "Rule tensions and the dynamics of institutional change: From 'to the victor go the spoils' to the Stimson Doctrine". European Journal of International Relations. 20 (3): 834–857. doi:10.1177/1354066113483781. ISSN 1354-0661.
[4] Bin Cheng, Georg (FRW) Schwarzenberger (2006). General principles of law as applied by international courts and tribunals. Cambridge University Press. ISBN 978-0-521-03000-7.

"Onus probandi incumbit ei qui dicit, non ei qui negat."
- the burden of proof is on the person who makes the claim, not on the person who denies (or questions the claim).

"ex factis jus oritur"
- the existence of facts creates law.

"ex injuria jus non oritur"
- Wrongful injury does not give rise to rights"

fait accompli
FRENCH - See also: Fait Accompli (disambiguation)
lit. "accomplished fact"; something that has already happened and is thus unlikely to be reversed; a done deal.[28] In French used only in the expression placer/mettre quelqu'un devant le fait accompli meaning to present somebody with a fait accompli. Also see point of no return.

force majeure
an overpowering and unforeseeable event, especially when talking about weather (often appears in insurance contracts).

Uti possidetis (lit. 'as you possess') is a principle in international law that territory and other property remains with its possessor at the end of a conflict, unless otherwise provided for by treaty; if such a treaty does not include conditions regarding the possession of property and territory taken during the war, then the principle of uti possidetis will prevail.
1. "Uti possidetis Law & Legal Definition". USLegal, Inc. (uslegal.com). Retrieved 16 August 2010.

The term "status quo ante bellum" is a Latin phrase meaning "the situation as it existed before the war".[1] The term was originally used in treaties to refer to the withdrawal of enemy troops and the restoration of prewar leadership. When used as such, it means that no side gains or loses any territorial, economic, or political rights. This contrasts with uti possidetis, where each side retains whatever territory and other property it holds at the end of the war.

"Facts on the ground" is a diplomatic and geopolitical term that means the situation in reality as opposed to in the abstract. (Berridge & Lloyd 2012, p. 105.)

"Jus ad bellum" (/juːs/ YOOS or /dʒʌs/ in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted before engaging in war in order to determine whether entering into war is permissible, that is, whether it is a just war.

"Jus in Bello" redirects here. The law of war is the component of international law that regulates the conditions for initiating war (jus ad bellum) and the conduct of warring parties (jus in bello). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of international law.

In international law, odious debt, also known as illegitimate debt, is a legal theory that says that the national debt incurred by a despotic regime should not be enforceable. Such debts are, thus, considered by this doctrine to be personal debts of the regime that incurred them and not debts of the state. In some respects, the concept is analogous to the invalidity of contracts signed under coercion.[1]

[1] Robert Howse (July 2007). The Concept of Odious Debt in Public International Law (PDF). Geneva: UNCTAD.

jus tertii, n. [Latin '"right of a third party"] (17c)
1. Against a claim of an interest in property, the defense that a thrid party has a better right than the claimant.
2. The doctrine that, particularly in constitutional law, courts do not decide what they do not need to decide.
3. Trademarks. A trademark-infringement defense based on the claim that a third party has trademark rights superior to those of the plaintiff. ● The defense may not be succesful if the alleged infringer is found to have competed unfairly against the plaintiff even though the third party has superior trademark rights.

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