from Wiktionary, Creative Commons Attribution/Share-Alike License
- n. The failure to apply an existing law, rule, regulation etc.
Sorry, no etymologies found.
The best argument for the nonapplication of the FSIA would be that whatever actions the Pope took were not in its role as an official actor of a foreign state, but instead as an employer of an employee acting in a non-sovereign capacity — this is a murky road that I believe some courts have already attempted to parse through as to the Vatican more generally.
In the Florida Case, notwithstanding the fact that the defendant pleaded guilty and accordingly obviated the necessity of applying the _prima facie_ presumption provision, the Court reached an identical result, chiefly on the ground that the presumption provision, despite its nonapplication, "had a coercive effect in producing the plea of guilty."
So in the absence a perfect system to know ex ante who’s been naughty and nice, the nonapplication of the laws of war doesn’t resolve very much.
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