
Intertemporal law
Encyclopedia
Intertemporal Law is a concept in the field of legal theory.
It deals with the complications caused by alleged abuse or violation of collective or individual rights in the historical past, in a territory where the legal system has undergone significant changes since then, and a redress along the lines of the current legal regime is virtually impossible.
The origins of Intertemporal Law as a legal theoretical concept, especially in relation to the use of force, are to be found in CJ Huber's discussion in the Palmas Arbitration case. (Islands of Palmas Arbitration
, Netherlands v US, 1928) where he stated "a juridicial fact must be appreciated in the light of the law contemporary with it."
It deals with the complications caused by alleged abuse or violation of collective or individual rights in the historical past, in a territory where the legal system has undergone significant changes since then, and a redress along the lines of the current legal regime is virtually impossible.
The origins of Intertemporal Law as a legal theoretical concept, especially in relation to the use of force, are to be found in CJ Huber's discussion in the Palmas Arbitration case. (Islands of Palmas Arbitration
Island of Palmas Case
Island of Palmas Case, , was a case involving a territorial dispute over the Island of Palmas between the Netherlands and the United States which was heard by the Permanent Court of Arbitration...
, Netherlands v US, 1928) where he stated "a juridicial fact must be appreciated in the light of the law contemporary with it."
See also
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- Native titleNative titleNative title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
- Reparations Agreement between Israel and West GermanyReparations Agreement between Israel and West GermanyThe Reparations Agreement between Israel and West Germany was signed on September 10, 1952, and entered in force on March 27, 1953...
- Reparations for slaveryReparations for slaveryReparations for slavery is a proposal that some type of compensation should be provided to the descendants of enslaved people in the United States, in consideration of the coerced and uncompensated labor their ancestors performed over several centuries...
- http://www.hawaii.edu/aplpj/articles/APLPJ_01.2_heflin.pdf Law School Article by William Heflin
- The Island of Palmas (archived from the original on 2008-05-28), Scott, Hague Court Reports 2d 83 (1932) (Perm. Ct. 4rb. 1928), Abridgement and notes by Kurt Taylor Gaubatz.
- Case Description in the Online Casebook
- Island of Palmas (Miangas) Case, (archived from the original on 2004-12-15)