The glossary contains plain-language definitions of key legal and technical terms used in the study. Bold and italicised words that appear in the text beneath glossarised terms are defined elsewhere in the glossary.
Agreement (international law): These legal instruments are usually less formal and deal with a narrower range of subject-matter than ‘treaties’. There is a general tendency to apply the term ‘agreement’ to bilateral or restricted multilateral treaties.
Acquisition of Territory: The expression ‘acquisition of territory’ is usually employed as meaning the establishment of sovereignty over a given piece of land. Well-known UN Security Council resolutions refer to acquisition of territory in this manner, notably Resolution 242 (1967). The expression, however, requires some precision. First, strictly speaking, ‘territory’ as a term of art comprises not only emerged land, but also airspace, the territorial sea, and internal waters.
Commons or Public domain: Resources openly available to all. Examples include air, the ocean, and public parks, as well as cultural resources that are freely available to all. The existence of a commons is a policy issue: should particular resources be owned by private entities or by the public? Regulation of the commons also presents policy dilemmas: should one individual be restricted in his or her use of the commons, or allowed unregulated access, in which case the resource could be used up, or conflicting uses (e.g., two or more people using the same radio frequency for broadcasts) could make the commons unusable.
Convention (international law): Term generally used for formal multilateral treaties with a broad number of parties. Conventions are normally open for participation by the international community as a whole, or by a large number of states.
Declaration (international law): The term ‘declaration’ is used for various international instruments. However, declarations are not always legally binding. The term is often deliberately chosen to indicate that the parties do not intend to create binding obligations but merely want to declare certain aspirations. Some instruments entitled ‘declarations’ were not originally intended to have binding force, but their provisions may have reflected customary international law or may have gained binding character as customary law at a later stage. Such was the case with the 1948 Universal Declaration of Human Rights.
|Some instruments entitled ‘declarations’ were not originally intended to have binding force, but their provisions may have reflected customary international law or may have gained binding character as customary law at a later stage. Such was the case with the 1948 Universal Declaration of Human Rights.
Indigenous communities: are generally understood to be specific groups of people defined on an ethnic and cultural basis who have an association with a specific territory that they have occupied before colonization or similar territorial appropriations, and they often share a common history of oppression or marginalization. In Asia1 and Africa2 there has been considerable debate about the usefulness of such a definition, for example in the preparatory meetings for the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007). The African Commission’s Working Group recognized that most Africans could describe themselves as indigenous, and defined indigenous groups as those (especially hunter-gatherer or pastoralist communities) associated with a specific territory, self-identifying with a specific culture, identified as a group by themselves and others, and sharing a common experience of marginalization.3
International law: refers to treaty law made in and between sovereign states. This includes treaties, agreements, conventions, charters, protocols, declarations, memoranda of understanding, modus vivendi and exchange of notes between States.
Legislation: is a term for law enacted by a legislature or other competent authority. This could include legislation at national and sub-national (e.g. provincial) level, as well as international law. Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).
Minority or minority group: usually refers to groups defined on a national, or an ethnic, religious or linguistic basis (United Nations Minorities Declaration 1992), often without a specific territorial claim, whose national, ethnic, linguistic or religious identity differs from that of the majority population.4
Notification:The term “notification” refers to a formality through which a state or an international organization communicates certain facts or events of legal importance. Notification is increasingly resorted to as a means of expressing final consent. Instead of opting for the exchange of documents or deposit, states may be content to notify their consent to the other party or to the depositary. However, all other acts and instruments relating to the life of a treaty may also call for notifications. 
Optional Protocol: to a treaty is an instrument that establishes additional rights and obligations to a treaty, subject to independent ratification; not all parties of the general treaty may consent to this optional protocol. The Optional Protocol to the International Covenant on Civil and Political Rights of 1966 is a well-known example.
Participatory democracy: A political and philosophical belief in direct involvement by affected citizens in the processes of governmental decision making essential to the existence of democratic government.
Proportionality principle: the extent of the action must be in keeping with the aim pursued. This means that when various forms of intervention are available to an institution, it must, where the effect is the same, opt for the approach which leaves the greatest freedom to other agencies.
Public policy: The broad aims, methods and principles that a government will use to guide actions including, but not restricted to, the development of more specific legislation and regulations. Also used to describe the set of programs enacted and implemented by the government.
Public-private partnership (PPP): all the formalized types of relations between the public and the private sectors which aim to ensure the realization of goals of general interest, as infrastructures and services, through the joint funding and the co-operating of public authorities and private bodies. Involvement of private enterprise (in the form of management expertise and/or monetary contributions) in the government projects aimed at public benefit.
Ratification: Ratification defines the international act whereby a state indicates its consent to be bound to a treaty if the parties intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, while in the case of multilateral treaties the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. 
Signatories and Parties: The term ‘Parties’, which appears in the header of each treaty, in the publication Multilateral Treaties Deposited with the Secretary-General, includes both ‘Contracting States’ and ‘Parties’. For general reference, the term ‘Contracting States’ refers to States and other entities with treaty-making capacity which have expressed their consent to be bound by a treaty where the treaty has not yet entered into force or where it has not entered into force for such States and entities; the term ‘Parties’ refers to States and other entities with treaty-making capacity which have expressed their consent to be bound by a treaty and where the treaty is in force for such States and entities.
Signature Subject to Ratification, Acceptance or Approval: Where the signature is subject to ratification, acceptance or approval, the signature does not establish the consent to be bound. However, it is a means of authentication and expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty. 
Treaty (international law:) The expressions ‘treaty’ and ‘international agreement’ embrace a wide variety of instruments, including unilateral commitments. Usually the term ‘treaty’ is reserved for matters of some gravity that require more solemn agreements.
Sample Linking Structure for footnots/endnotes
On true principles bold and italicised words that appear in “the text beneath glossarised terms are defined elsewhere in the glossary.”
These legal instruments are usually less formal and deal with a narrower range of subject-matter than ‘treaties’.  When the French Revolution led to a major war between France.
- UN Public Administration Glossary
Definition of key terms used in the UN Treaty Collection
- Antons, C. ‘Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions’, Modern Asian Studies, Volume 47, Issue 04, July 2013, pp.1403-1433 http://dro.deakin.edu.au/eserv/DU:30054576/antons-asianborderlands-2013.pdf
- Gilbert, J. 2011. ‘Indigenous peoples’ human rights in Africa: the pragmatic revolution of the African Commission on Human and People’s Rights’. International and Comparative Law Quarterly, 60, pp.245-270.
- Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities 2005 cited in Gilbert, J. 2011. ‘Indigenous peoples’ human rights in Africa’, p.250.
- See http://www.ohchr.org/EN/Issues/Minorities/Pages/internationallaw.aspx
- Africa Centre for Open Governance & Kenyans for Peace with Truth & Justice (2015) ‘‘Domestic Prosecution of International Crimes. Lessons for Kenya.’’ dspace.africaportal.org/jspui/bitstream/123456789/34947/1/domestic-prosecution-of-international-crimes-final210215%20%282%29.pdf;
- AMICC (The American Non-Governmental Organizations Coalition for the International Criminal Court): ‘‘Questions and Answers on the ICC and Universal Jurisdiction.” https://b14399d4-3c15-4ce4-8e6c-3f7884fb2110.filesusr.com/ugd/e13974_eb835efd38ac47e4917bbf7f283e4564.pdf
- Berghof Foundation (ed.) (2012) ‘‘Berghof Glossary on Conflict Transformation. 20 Notions for Theory and Practice.” reliefweb.int/sites/reliefweb.int/files/resources/glossary_2012_complete.pdf
- Branscombe, N., R. & Doosje, B. (2004) Collective Guilt: International Perspectives. Cambridge University Press.
- Buckley-Zistel, S., Koloma Beck, T., Braun, C. & Mieth, F. (2014) Transitional Justice Theories. Abington: Routledge.
- Business Dictionary: www.businessdictionary.com/
- Convention on the Prevention and Punishment of the Crime of Genocide (1948): treaties.un.org/doc/Publication/UNTS/Volume%2078/volume-78-I-1021-English.pdf
- Del Ponte, C. (2006) ‘‘Investigation and Prosecution of Large-Scale Crimes at the International Level. The Experience of the ICTY.’’ Journal of International Criminal Justice 4, 539-558. www.issafrica.org/anicj/uploads/Del_Ponte_Investigation_and_Prosecution.pdf
- European Institute for Gender Equality: eige.europa.eu/gender-based-violence/what-is-gender-based-violence
- Galtung, J. (1967) Theories of Peace. A Synthetic Approach to Peace Thinking. www.transcend.org/files/Galtung_Book_unpub_Theories_of_Peace_-_A_Synthetic_Approach_to_Peace_Thinking_1967.pdf
- Hazan, P. (2006) ‘‘Measuring the Impact of Punishment and Forgiveness: A Framework for Evaluating Transitional Justice.” International Review of the Red Cross, Vol. 88, No. 861, 19-47.
- International Centre for Transitional Justice: www.ictj.org.
- International Criminal Law & Practice Training Materials (n.d.) ‘‘What is International Criminal Law?”http://wcjp.unicri.it/deliverables/docs/Module_2_What_is_international_criminal_law.pdf
- Jones, B., Bernath, J., & Rubli, S. (2013) ‘‘Reflections on a Research Agenda for Exploring Resistance to Transitional Justice. Swiss Peace Working Paper.” www.swisspeace.ch/fileadmin/user_upload/Media/Publications/WP_3_2013.pdf
- Justice and Security Research Programme: blogs.lse.ac.uk/jsrp/
- Kayser-Whande, U. & Schell-Faucon, S. (2008) ‘‘Transitional Justice and Civilian Conflict Transformation. Current Research, Future Questions.” CCS Working Papers No. 10, www.uni-marburg.de/konfliktforschung/publikationen/ccswp
- Laplante, Lisa J. (2014) ‘‘The Plural Justice Aims of Reparations.” In: Buckley-Zistel et al. (eds.) Transitional Justice Theories. Abington: Routledge, 66-84.
- Max-Planck-Institut für ausländisches Recht und internationales Strafrecht: www.mpicc.de/en/forschung/forschungsarbeit/strafrecht/nationale_strafverfolgung.html
- McDonald, A. (2013) ‘‘Local Understandings and Experiences of Transitional Justice: A Review of the Evidence.” JSRP Paper 6. eprints.lse.ac.uk/56354/1/JSRP_Paper6_Local_understandings_and_experiences_of_transitional_justice_Macdonald_2013.pdf
- Merriam-Webster Online Dictionary: www.merriam-webster.com
- Miller, C. E. (2005) ‘‘A Glossary of Terms and Concepts in Peace and Conflict Studies.” University of Peace, Africa Programme. Second Edition. www.upeace.org/pdf/glossaryv2.pdf
- Paris Principles and Guidelines on Children Associated with Armed Forces or Armed Groups (2007): www.unicef.org/emerg/files/ParisPrinciples310107English.pdf
- Prevent Genocide International: www.preventgenocide.org/punish/domestic/
- Promotion and Protection of Human Rights: ‘‘Impunity”. www.refworld.org/pdfid/42d66e7a0.pdf
- Project on International Courts and Tribunals: www.pict-pcti.org/courts/hybrid.html
- Rome Statute of the ICC (1998): www.icc-cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf
- Snodderly, D. (ed.) (2011) ‘‘Peace Terms. Glossary of Terms for Conflict Management and Peacebuilding.” Academy for International Conflict Management and Peacebuilding. United States Institute of Peace. Washington, DC. www.usip.org/sites/default/files/files/peaceterms.pdf
- The Graduate Institute of Geneva: libguides.graduateinstitute.ch/icl/hybrid
- Thoms, O., Ron, J., Paris, R. (2008) ‘‘The Effects of Transitional Justice Mechanisms. A Summary of Empirical Research Findings and Implications for Analysts and Practitioners.” CIPS Working Paper. aix1.uottawa.ca/~rparis/CIPS_Transitional_Justice_April2008.pdf
- United Nations (2005) ‘‘Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law.” www.ohchr.org/EN/ProfessionalInterest/Pages/RemedyAndReparation.aspx
- United Nations High Commissioner for Human Rights (2008) ‘‘Rule-of-Law Tools for Post-Conflict States. Maximizing the legacy of hybrid courts.” www.ohchr.org/Documents/Publications/HybridCourts.pdf
- United Nations High Commissioner for Human Rights (2008) ‘‘Rule-of-Law Tools for Post-Conflict States. Reparations Programmes.” New York/Geneva. www.ohchr.org/Documents/Publications/ReparationsProgrammes.pdf
- UN Women/United Nations Entity for Gender Equality and the Empowerment of Women: ‘‘Non-State Justice Systems” www.endvawnow.org/en/articles/1585-non-state-justice-systems.html
- Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity (2005): derechos.org/nizkor/impu/principles.html
- Shaw, R., Waldorf, L., & Hazan, P. (2010). Localizing Transitional Justice: Interventions and priorities after mass violence. Stanford: Stanford University Press.
- Wallensteen, P. (2002) Understanding Conflict Resolution: War, Peace and the Global System. London: Sage Publications.
- WHO: ‘‘Civil Society”. www.who.int/trade/glossary/story006/en/
- World Bank: ‘‘Civil Society” web.worldbank.org/WBSITE/EXTERNAL/TOPICS/CSO/0,,contentMDK:20101499~menuPK:244752~pagePK:220503~piPK:220476~theSitePK:228717,00.html