国际法名词解释

国际法名词解释


2024年4月17日发(作者:三星w21折叠手机新款多少钱)

名词解释:

1、造法性条约:Law-making treaties are intended to have universal rather than

restrictive effects. Such law-making treaties are created with the participation of a

large number of states to elaborate their perception of international law upon any

given topic or to establish new rules for guiding their future international conduct.

Rules produced by such treaties can have binding effect upon all contracting

parties.

2、事实承认(recognition de facto):The recognition de facto is usually regarded

as an interim step in which the recognition states have some doubts concerning

the continuance and legality of the government in question.

3、普遍管辖(universal jurisdiction):Under the universality principle,where a

crime is offensive to the interests of the international community as a whole,each

and every state may assert jurisdiction over the offense,irrespective of the

nationality of the victim and the offender and the location of the offense.

4、相对豁免(restrictive immunity):Such circumstances led to the calls for

modification of the states therefore have accepted the concept of

restrictive immunity,whereby immunity may be granted to governmental

acts,while immunity is not available for those relating to private or trade activity.

5、条约的保留(reservation):A unilateral statement,however phrased or

named,made by a state,when signing,ratifying,accepting,approving or acceding to

a treaty,whereby it purports to exclude or to modify the legal effect of certain

provisions of the treaty in their application to that state.

6、紧追权(right of hot pursuit):Hot pursuit is a principle which allows the

warships or military aircraft of a coastal state to pursue a foreign ship which has

violated the coastal state’s law within internal or territorial waters and to arrest it

on the high seas.

7、大陆架(the continental shelf):The seabed and subsoil of the submarine

areas that extend beyond its territorial sea throughout the natural prolongation of

its land territory to the outer edge of the continental margin,or to a distance of

200 nautical miles from the baselines from which the breadth of the territorial sea

is measured where the outer edge of the continental margin does not extend up to

that distance.

8、克减权(right of derogation):

①In time of public emergency which threatens the life of the nation and the

existence of which is officially proclaimed,the States Parties to the present

covenant may take measures derogating from their obligations under the present

covenant to the extend strictly required by the exigencies of the situation,provided

that such measures are not inconsistent with their other obligations under

international law and do not involve discrimination solely in the ground of

race,color,sex,language,religion or social origin.


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