Non liquet
Encyclopedia
In law
, a non liquet is a situation where there is no applicable law. Non liquet translates into English from Latin as "it is not clear." According to Cicero
, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear." Lacuna is a related word which means "gap, void, defect, want, or loss" and is used to indicate a gap in the 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 is 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 (and autonomous) system. Note that municipal courts enforcing international law are not constrained to declare an area non liquet.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a non liquet is a situation where there is no applicable law. Non liquet translates into English from Latin as "it is not clear." According to Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...
, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear." Lacuna is a related word which means "gap, void, defect, want, or loss" and is used to indicate a gap in the 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
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
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
Barcelona Traction
Barcelona Traction was a corporation that controlled light and power utilities in Spain and was incorporated in Toronto, Canada on September 12, 1911 by Frederick Stark Pearson. It was operated in Spain but was owned mostly by Belgians. The company was developed by American engineer Dannie...
, as accepting the doctrine of estoppel
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
as part of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
). The ex aequo et bono
Ex aequo et bono
Ex aequo et bono is a phrase derived from Latin that is used as a legal term of art...
jurisdiction has to date never been accepted by states, and it is 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 (and autonomous) system. Note that municipal courts enforcing international law are not constrained to declare an area non liquet.