Glossary

• Author: John H. Currie
• Pages: 575-592

575

GLOSSARY

Abandonment The lapse of a state’s sovereignty over territory, causing

the territory to become a res nulliu s.

Absolute state immunity A theory of state immunity that does not

differentiate between commercial (or “private”) and sovereign acts of

states in ex tending immunity to t hem from the judicial proces s of for-

eign domestic courts; contrast w ith restrictive state immunity.

Accession The process by which a state that has not participated in the

negotiation of the text of a treaty nevertheless expresses its consent to

be bound by and become a party to that treaty.

Accretion A natural process, such as the extension of a river delta, by

which the land territory of a state is gradually enlarged.

Acquiescence Tacit or implied acceptance or recognition of another

state’s claim or right, often in relation to terr itory.

Adoption The process by which the text of a tre aty is agreed to or

f‌inalized by negotiating states.

Adoptionist An approach to the domestic reception of international

law that presumes that international law (in particular, customary

international law) is part of domestic law (in particular, the common

law); see also incorporation ist.

Alien A foreign national; a national of another state.

PUBLIC INTERNATIONA L LAW576

Annexation The forma l act by which a state that ha s conquered the

territory of another state asser ts its sovereignty over such territory; see

also conquest.

Anticipatory self-defence A controversial doctrine that would permit

states to use force in sel f-defence prior to the occurrence of an armed

attack, provided however that an ar med attack i s imminent; see also

self-defence, pre-emptive self-defence.

Archipelagic state A state composed entirely of islands or of one or

more archipelagoes.

Archipelagic waters The marine waters enclosed by str aight baselines

joining the outer points of the outer islands of an archipelagic state.

Armed attack A use of force intentionally directed at a state which, by

virtue of its scale and effects, is of such gravity as to justify a responsive

use of force by that state in self-defence; contrast with mere f rontier

incident.

Attributability The required relationship between the acts of a non-

state actor and a state for purposes of engaging the state responsibility

of, or justifying the use of force in self-defence against, the latter; see

also imputabi lity.

Authentication The process by which states verify that the off‌icial text

of a treaty corresponds to t he terms negotiated, usually by initialling

or signing the off‌icial tex t.

Baseline The line from which the seaward extent of a coastal state’s

maritime zones is measured; the default baseline corresp onds to the

low-water line along the coast, but straight baselines enclosing fringes

of coastal islands or deeply indented coastlines are also perm issible.

Bay An indentation in a coast that is suff‌iciently pronounced that its

area is equal to or greater than that of a semi-circle with a diameter

equal to the width of the mouth of the indent ation.

Bilateral treaty A treaty between two subjects of international law.

Binding i ntent The intent of a party to a treaty to be bound by that

treaty as a matter of inter national law.

Calvo clause A clause sometimes inserted by states into a concession

contract with foreign investors by which the latter agree not to seek the

protection of their national state but to submit to local law and jurisdic-

tion with respect to al l matters or disputes arising under t he contract.