SIGNIFICANT terms and their meanings in international law and diplomacy
U KHIN MAUNG (A retired
diplomat)
SERIES SIX (Alphabetical
order)
de facto (Lat) : (adj &
adv)
De facto is a term used to
describe a situation which is acknowledged to exist but of which the legality
or justice may be in question.
De facto is frequently applied in
international law to a government of a nation which is in fact in power but
which may have come into power by violence or unlawful means. It, in short,
means from the fact.
de jure (Lat) : (adj &
adv)
De jure is a term used to
describe a situation in which the rightfulness is admitted, whether or not it
is carried in fact.
De jure is applied in
international law as a contrast to de facto. It, in short, means from the law.
démarche (Fr) : (n)
Demarche generally means any oral
or written diplomatic representation specifically it can be an offer, an
attempt, a request, a protestation, a warning, a threat, a demand, etc. DE novo
(Lat) : (adj & adv)
De novo is usually an adjective
word: e.g. de novo review. As an adverb, it means anew, E.g. We review a
summary judgement de novo.
détente: (n)
Détente
is a relaxation of tension. It is not the opposite of entente.
diplomacy: (n)
Diplomacy is the art, science, or
practice of conducting negotiations between nations. It is the business or art
of the diplomatist.
Diplomacy is also the management
of international relations by negotiations; the method by which these relations
are adjusted and managed by ambassadors and envoys.
diplomat: (n)
Diplomat means one, such as an
ambassador, who has been appointed to represent a government in its relations
with other governments. It is also used to refer to one who uses skill and tact
in dealing with others.
diplomatic corps: (adj)
The diplomatic corps is the body
of diplomatic personnel in residence at a nation’s capital.
diplomatic immunity: (adj)
Diplomatic immunity is the
exemption from taxation and ordinary processes of law accorded to the
diplomatic personnel in a foreign country.
doyen: (n)
an of the Diplomatic Corps is the
most senior envoy in point of service.
E
embargo: (n)
An embargo means the detention of
the ships of an offending state in the ports of the injured state by way of
reprisals.
Embargo also takes place when at
the outbreak of a conflict a neutral state prohibits the shipment of war
materials to either or both belligerents.
en clair (Fr) : (adv phr)
En clair is a term meaning in
clear; a telegram or radiogram is en clair if it is sent in ordinary plain
text, not in code.
entente (Fr): (n)
Entente is understanding; an
understanding between two or more states providing for or implying a common course
of action, or identity of policy, or a community of interests concerning
certain issues.
It is less definite than an
“alliance” but stronger than good relations. Entente is not the opposite of détente. Entente cordiale
denotes friendly understanding.
escrow: (n)
Escrow is a deed delivered but
not to become operative until a future date or until some condition has been
fulfilled.
Escrow also means a deposit held
in trust or as security.
espionage: (n)
By the term espionage, it is
meant the act of spying or illegally discovering information and factual data
relating to one nation for the purpose of transmitting them surreptitiously to
another.
estoppel: (n)
Estoppel denotes the principle
according to which a State is barred from denying the veracity of a statement
previously made by an authorized representative or the existence of a fact on
which others have been led to rely by the conduct of such representative.
ex aequo et bono (Lat): (adv)
Ex aequo et bono means “in equity
and good conscience”
exequatur: (n)
Exequatur is a permission,
usually in a formal written document, issued by any government, and authorizing
some person to act within the jurisdiction of that government as the consul or
commercial agent of a foreign government.
ex officio (Lat): (adj &
adv); ex-cathedra (Lat): (adj & adv)
Ex officio means “by virtue of
one’s office”. E.g. The chairman is an ex officio member of all standing
committees. Another example is that the chairman became a member ex officio.
Ex-cathedra as an adverb means
“from the chair; with authority”. Ex-cathedra as an adjective is
“authoritative.”
ex parte (Lat): (adj &
adv); inter partes (Lat): (adj &adv)
Ex parte means “from one side
only”. E.g. The arbitration was conducted ex parte because the appellee
declined to participate in the proceeding.
Inter parte is the antonym of ex
parte. It means “between parties; involving all parties to a lawsuit”. E.g. In
other states, these courts may conduct inter partes proceeding if the contestant
files a caveat after the ex parte proceeding has begun.
ex rel (Lat): (n)
Ex-rel is used to designate the
complaining party in a criminal action.
extradition: (n)
Extradition is used to refer to
the surrender by one nation to another of a person accused of having committed
a crime in the latter.
extremism: (n)
Extremism means “belief based on
the extreme interpretation of an ideology or doctrine”
Reference:
(1) Black’s Law Dictionary By
Bryan A.Garner
(2) Law and Customs in Burma and
the Burmese Family by
Dr Maung Maung, B.L (Rangoon),
J.S.D (Yale), LL.D (Utrecht), of
Lincoln’s Inn, Barrister-at-law.
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