Non liquet
It is not clear.
Non liquet is a Latin term denoting that a court cannot adjudicate a dispute because the law is unclear or no applicable legal rule exists.
Non liquet literally means “it is not clear” and, in legal usage, denotes a situation in which a judge or court determines that it is impossible to render a decision owing to a lacuna in the law or insufficiently clear legal rules. The issue arises principally in international law, but may also be relevant in domestic proceedings where the legislature has not enacted an express provision.
The term is significant because it underscores that judges may not create new rules on their own initiative but remain bound by existing legislation. In practice, a non liquet may result in dismissal of the claim or referral to the legislature for supplementation of the law, leaving the parties without a remedy.
“The court declared non liquet because no statutory basis existed for the damages claimed in this cross-border dispute.”
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