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POSTLIMINIUM

That right in virtue of which persons and things taken by the enemy arerestored to their former state, when coming again under the power of thenation to which they belong.The jus posiliminii was a fiction of the Romanlaw.

It is a right recognized by the law of nations, and contributes essentially tomitigate the, calamities of war. When, therefore, property taken by theenemy is either recaptured or rescued from him, by the fellow subjects or allies of the original owner, it does not become the property of the recaptor or rescuer, as if it had been a new prize, but it is restored to the originalowner by right of postliminy, upon certain terms.

The principle of postliminium

The principle of postliminium, as a part of public international law, is a

specific version of the maxim ex injuria jus non oritur, providing for the

invalidity of all illegitimate acts that an occupant may have performed on a

given territory after its recapture by the legitimate sovereign. Therefore, if 

the occupant has appropriated and sold public or private property that maynot legitimately be appropriated by a military occupant, the original owner 

may reclaim that property without payment of compensation.[1] It derives

from the jus posiliminii, of Roman law. The codification of large areas of 

international law have made postliminium to a great extent superfluous

though. It may either be seen as a historical concept, or a term generally

describing the consequences to legal acts of an occupant after the

termination of occupation.

Salus populi suprema lex esto

Salus populi est suprema lex. The safety of the people is the supreme law.

Bacon's Max. in Reg. 12; Broom's Max. 1

Salus populi suprema lex esto (Latin "The health of the people should be

the supreme law," "Let the good of the people be the supreme law" or "The

welfare of the people shall be the supreme law") is found in Cicero's De

Legibus (book III, part III, sub. VIII), as Ollis salus populi suprema lex

esto.[1] The maxim is a constitutional metanorm.

The phrase is the state motto of Missouri, accepted, like many other states,as an element of its state seal. It is also the motto, and appears on the coat

of arms, of the City of Salford, the London Borough of Lewisham, the

Duquesne University School of Law, and is used as the motto of the

Vlaams Belang political group in the Belgian Chamber of Representatives.

John Locke uses it as the epigraph in his Second Treatise on Government

and refers to it as a fundamental rule for government. It was the inscription

on the coronet of Roundhead and Leveller William Rainsborough during the

English Civil War. This motto was also endorsed by Hobbes at the

beginning of Chapter 30 of Leviathan and by Spinoza in Chapter 19 of his

Theological-Political Treatise.

Sic utere tuo ut alienum non laedas

Sic utere tuo ut alienum non laedas. So use your own as not to injure

another's property. 1 Bl. Com. 306; Broom's max. 160; 4 McCord, 472; 2

Bouv. Inst. n. 2379.

“The maxim sic utere tuo ut alienum non laedas does not mean that one

must never use his own property in such a way as to do any injury to his

neighbor. It means only that one must use his property so as not to injure

the lawful rights of another. Under this maxim, it is well settled that a

property owner may put his own property to any reasonable and lawful use,

so long as he does not thereby deprive the adjoining landowner of any right

of enjoyment of his property which is recognized and protected by law, and

so long as his use is not such a one as the law will pronounce a nuisance.”[

Fontainebleau Hotel Corp. v. Forty-Five Twenty-Five, Inc.,114 So. 2d 357

(Fla. Dist. Ct. App. 3d Dist. 1959)]

Abstract: The 'sic utere' principle, or the principle of good neighbourliness,

is globally accepted by most publicists as a rule of customary international

law prohibiting all States from using their territory in a manner that causes

harm or injury to other States. The legal status of the 'sic utere' principle is

re-evaluated in the context of growing concern for the environment, and its

potential as a source of future dispute. It is argued that there is no

conclusive evidence to establish the principle as a rule of customary

international law. The 'sic utere' principle is, thus, simply a moral obligation.

DOCTRINE OF PARENS PATRIAE

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Literally, parens patriae means father of the country. This doctrine has been

defined as the inherent power and authority of the state to provide

protection to the persons and property of the persons non-sui juris. Non-sui

 juris persons are those who lack the legal capacity to act on his own behalf 

like the child or the insane persons.

The Parens Patriae doctrine was first developed in English common law. It

was first invoked by the kings‟ bench in 1608 and was meant for those

parents that were without moral mind, and were ultimately unable to parentchildren. In feudal times various obligations and powers, collectively

referred to as the "royal prerogative," were reserved and ultimately relied on

the king to protect the children of his country. The king exercised these

functions in his role of father of the country, exercising the doctrine of 

Parens Patriae.

he doctrine of parens patriae “is a concept of standing utilized to protect . . .

quasi-sovereign interests, such as „health, comfort, and welfare‟ of the

people,” when such interests are threatened and state government

intervention may be needed. Gibbs v. Titelman, 369 F. Supp. 38, 54 (E.D.Pa. 1973), rev‟d on other grounds, 502 F.2d 1107 (3d Cir. 1974). 

The parens patriae doctrine differs from the in loco parentis doctrine, the

later involving care that is “temporary in character and not to be likened to

[the permanent situation of] adoption.” Griego v. Hogan, 377 P.2d 953, 955-

56 (N.M. 1963). The in loco parentis doctrine can be applied to both

governmental and non-governmental entities, and is implicated “when a

person [or legal entity] undertakes the care and control of another [person

of legal incapacity] in the absence of such supervision by the latter‟s natural

parents and in the absence of formal legal approval.” Id. 

parens patriae (paa-wrens pat-tree-eye) n. Latin for "father of his country,"

the term for the doctrine that the government is the ultimate guardian of all

people under a disability, especially children, whose care is only "entrusted"

to their parents. Under this doctrine, in a divorce action or a guardianship

application the court retains jurisdiction until the child is 18 years old, and a

 judge may change custody, child support or other rulings affecting the

child's well-being, no matter what the parents may have agreed or the court

previously decided. (See: divorce, custody, child support, guardian, ward)