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Legal Terms - Expropriation
It refers to the direct or indirect appropriation of privately owned assets by a state or its agency, typically without compensation (see compulsory acquisition, which includes a right to compensation). The authority to expropriate is referred to in certain legal frameworks as the right of eminent domain. In the UK, expropriation necessitates statutory approval, except during wartime or anticipated conflict (see to royal prerogative). In public international law, expropriation denotes the seizure of assets possessed by foreign investors. Although it is widely acknowledged that states possess discretionary authority to seize property within their jurisdiction, specific protections exist for eligible investors under both bilateral and multilateral investment treaties. These establish the prerequisites necessary for a legitimate expropriation to occur. Such prerequisites encompass the provision of sufficient remuneration. The notion of state attribution for wrongful acts committed by state organs is articulated in Article 4 of the *International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001.
It refers to the direct or indirect appropriation of privately owned assets by a state or its agency, typically without compensation (see compulsory acquisition, which includes a right to compensation). The authority to expropriate is referred to in certain legal frameworks as the right of eminent domain. In the UK, expropriation necessitates statutory approval, except during wartime or anticipated conflict (see to royal prerogative). In public international law, expropriation denotes the seizure of assets possessed by foreign investors. Although it is widely acknowledged that states possess discretionary authority to seize property within their jurisdiction, specific protections exist for eligible investors under both bilateral and multilateral investment treaties. These establish the prerequisites necessary for a legitimate expropriation to occur. Such prerequisites encompass the provision of sufficient remuneration. The notion of state attribution for wrongful acts committed by state organs is articulated in Article 4 of the *International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts 2001.
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Legal Terms - ex proprio motu (ex mero motu)
[Latin: of one's own accord] Describing actions that a court may undertake sua sponte and without any request from the parties involved.
[Latin: of one's own accord] Describing actions that a court may undertake sua sponte and without any request from the parties involved.
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Legal Terms – Expulsion
. In international law, the cessation by a state of an alien's legal entry and right to reside. This is sometimes predicated on the premise that the alien is deemed unwanted or a menace to the state. Reasons for expulsion have encompassed the following: conviction of a crime endangering public security; vagrancy; immorality; illness; espionage and political machinations; defiance of the law; and desecration of the national flag. Case: The Buffalo Case (1903) UN Rep IX 445.
. In international law, the cessation by a state of an alien's legal entry and right to reside. This is sometimes predicated on the premise that the alien is deemed unwanted or a menace to the state. Reasons for expulsion have encompassed the following: conviction of a crime endangering public security; vagrancy; immorality; illness; espionage and political machinations; defiance of the law; and desecration of the national flag. Case: The Buffalo Case (1903) UN Rep IX 445.
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Legal Terms – Extended Sentence
An incarceration period exceeding the maximum limit established for a certain offense. Sections 224 and 225 to 229 of the Criminal Justice Act 2003 establish provisions for the sentencing of "dangerous" offenders, primarily the discretionary life sentence and the prolonged sentence. The court must determine that the criminal presents a substantial danger of serious harm to the public.
An incarceration period exceeding the maximum limit established for a certain offense. Sections 224 and 225 to 229 of the Criminal Justice Act 2003 establish provisions for the sentencing of "dangerous" offenders, primarily the discretionary life sentence and the prolonged sentence. The court must determine that the criminal presents a substantial danger of serious harm to the public.
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Legal Terms - Extinguishment
The termination or annulment of a right or interest. An easement is terminated when the dominant and servient tenements are owned by the same entity. The mere non-use of an easement will not result in its extinguishment unless there is evidence of an intention to abandon it (Benn v Hardinge (1992) 66 P & CR 246).
The termination or annulment of a right or interest. An easement is terminated when the dominant and servient tenements are owned by the same entity. The mere non-use of an easement will not result in its extinguishment unless there is evidence of an intention to abandon it (Benn v Hardinge (1992) 66 P & CR 246).
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Legal Terms – Extortion
A common-law offense perpetrated by a public official who exploits his position to unlawfully obtain money or any other undeserved advantage. If he acquires the advantage through threats, this may constitute blackmail.
A common-law offense perpetrated by a public official who exploits his position to unlawfully obtain money or any other undeserved advantage. If he acquires the advantage through threats, this may constitute blackmail.
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Legal Terms - Extradition
transfer of an individual accused or convicted of an offense within the jurisdiction of one state to another state, which is authorized to prosecute and penalize the individual and requests their surrender. Extradition from the UK pertains to the surrender of individuals to other jurisdictions and is regulated by the Extradition Act 2003, as amended by the European Union (Future Relationship) Act 2020 and the Extradition (Provisional Arrest) Act 2020. An extradition treaty must exist between the UK and the requesting state for the surrender to occur. The alleged offense must constitute a crime in both the UK and the requesting state, must be encompassed by the treaty, included in the list of extraditable offenses specified in the Act, and must not possess a political nature.
transfer of an individual accused or convicted of an offense within the jurisdiction of one state to another state, which is authorized to prosecute and penalize the individual and requests their surrender. Extradition from the UK pertains to the surrender of individuals to other jurisdictions and is regulated by the Extradition Act 2003, as amended by the European Union (Future Relationship) Act 2020 and the Extradition (Provisional Arrest) Act 2020. An extradition treaty must exist between the UK and the requesting state for the surrender to occur. The alleged offense must constitute a crime in both the UK and the requesting state, must be encompassed by the treaty, included in the list of extraditable offenses specified in the Act, and must not possess a political nature.
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Legal Terms - ex nudo pacto non oritur actio
[Latin: a right of action does not derive from a bare agreement]
[Latin: a right of action does not derive from a bare agreement]
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Legal Terms - ex officio
By virtue of holding an office. Consequently, the Lord Chief Justice is an ex officio member of the Court of Appeal.
By virtue of holding an office. Consequently, the Lord Chief Justice is an ex officio member of the Court of Appeal.
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Legal Terms - ex officio magistrate
A magistrate is appointed to this position as a result of their occupancy of another office, typically that of mayor of a city or borough. The Justices of the Peace Act 1968 and the Administration of Justice Act 1973 abolished the majority of ex officio magistrateships. However, the Lord Mayor and aldermen of the City of London are justices of the peace ex officio, while High Court judges are justices of the peace ex officio for the entirety of England and Wales.
A magistrate is appointed to this position as a result of their occupancy of another office, typically that of mayor of a city or borough. The Justices of the Peace Act 1968 and the Administration of Justice Act 1973 abolished the majority of ex officio magistrateships. However, the Lord Mayor and aldermen of the City of London are justices of the peace ex officio, while High Court judges are justices of the peace ex officio for the entirety of England and Wales.
