Information about Lacuna (law)
In law, a non liquet is a situation where there is no applicable law.
That is to say, a court comes to the conclusion that the situation engaged in a case has no answer from the governing system of law. This is of particular relevance to international law since international courts, be it the ICJ or ad hoc tribunals, cannot invent law to redress a lacuna. As has now become the practice, the last resort that can be taken recourse to in deciding contentious cases is the widely accepted law of civilized nations (see generally Barcelona Traction, as accepting the doctrine of estoppel as part of international law). The ex aequo et bono jurisdiction has to date never been accepted by states, and it can be believed that states would never accept it. Thus, absence of determinable international law leads to the court declaring something non liquet. But it has been argued by many that invoking of the non liquet doctrine is opposed to the notion of law being a complete system with no loose ends anywhere to be tied. Note that municipal courts enforcing international law are not constrained to declare an area non liquet.[1]
That is to say, a court comes to the conclusion that the situation engaged in a case has no answer from the governing system of law. This is of particular relevance to international law since international courts, be it the ICJ or ad hoc tribunals, cannot invent law to redress a lacuna. As has now become the practice, the last resort that can be taken recourse to in deciding contentious cases is the widely accepted law of civilized nations (see generally Barcelona Traction, as accepting the doctrine of estoppel as part of international law). The ex aequo et bono jurisdiction has to date never been accepted by states, and it can be believed that states would never accept it. Thus, absence of determinable international law leads to the court declaring something non liquet. But it has been argued by many that invoking of the non liquet doctrine is opposed to the notion of law being a complete system with no loose ends anywhere to be tied. Note that municipal courts enforcing international law are not constrained to declare an area non liquet.[1]
References
LAW may refer to:
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- Lightweight Anti-tank Weapon, like the M72 LAW (US Army) and the LAW 80 (British Army)
- Palestinian Society for the Protection of Human Rights (also known as LAW)
- League of American Bicyclists, formerly known as the League of American Wheelmen
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Barcelona Traction was a corporation that controlled light and power utilities in Spain and was incorporated in Toronto, (Canada) September 12, 1911 by Frederick Stark Pearson. It was operated in Spain, but was owned mostly by Belgians.
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Estoppel is a legal doctrine recognised both at common law and in equity in various forms. It is meant to complement the requirement of consideration in contract law. In general it protects a party who would suffer detriment if:
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International law can refer to three distinct legal disciplines.
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- public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions.
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Ex aequo et bono (Latin for "according to the right and good") or (from equity and conscience) is a legal term of art. In the context of arbitration, it refers to the power of the arbitrators to dispense with consideration of the law and consider solely what they consider to
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