Editing Sui generis (section)

==Law==
In [[law]], it is a [[term of art]] used to identify a legal classification that exists independently of other categorizations, either because of its singularity or due to the specific creation of an entitlement or obligation.<ref>See ''Dunway v. New York'',442 U.S. 200 (1979).</ref> For example, a court's contempt powers arise'' sui generis'' and not from statute or rule.<ref>See ''In re Marriage of Betts'', 558 N.E.2d 404, 200 Ill.App.3d 26 (1990).</ref> The [[New York Court of Appeals]] has used the term in describing cooperative apartment corporations, mostly because this form of housing is considered [[real property]] for some purposes and [[personal property]] for other purposes.<ref>See ''Matter of State Tax Commn. v. Shor'', 43 NY2d 151, 400 N.Y.S.2d 805, 371 N.E.2d 523 (1977).</ref>

When citing cases and other authorities, lawyers and judges may refer to "a {{lang|la|sui generis}} case", or "a {{lang|la|sui generis}} authority", meaning it is a special one confined to ''its own'' facts and, therefore, may not be of broader application.

===Intellectual property law===
Generally speaking, protection for [[intellectual property]] extends to intellectual creations to incentivize innovation and depends upon the nature of the work and its ''characteristics''.<ref>{{cite web |title=What is Intellectual Property? |url=https://www.wipo.int/about-ip/en/ |publisher=World Intellectual Property Organization |access-date=February 14, 2025}}</ref> The main types of intellectual property law are: [[copyright]], which protects creative works; [[patent]], which protects invention; [[trade secret]], which protects information not generally known or readily ascertainable that is valuable to the secret holder; and [[trademark]], which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected.

{{lang|la|Sui generis}} statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions. For example, [[integrated circuit layout design protection|integrated circuit layouts]], [[Hull (watercraft)|ship hull designs]], [[fashion design]]s in France, [[database right|databases]], and [[Plant variety (law)|plant varieties]] require {{lang|la|sui generis}} statutes because of their unique characteristics. The United States, Japan, Australia, and many EU countries protect the topography of semiconductor chips and [[integrated circuits]] under ''sui generis'' laws, which borrow some aspects from patent or copyright law. In the U.S., this {{lang|la|sui generis}} law is known as the [[Semiconductor Chip Protection Act of 1984]].

===Statutory law===
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In [[statutory interpretation]], ''sui generis'' refers to the problem of giving meaning to groups of words where one of the words is ambiguous or inherently unclear.

In road traffic law, a statute may require consideration of large vehicles separately from other vehicles. The word "large" is ambiguous ''per se'' but may be considered "heavy". The relevant legislation (in Australian law) contain sections called "Terms used" or "Definitions" that itemise all words deemed ambiguous and confers specific interpretations consistent with natural language. One indicates "heavy vehicle" means a vehicle with a GVM over 4.5 tons, and GVM means "gross vehicle mass", the maximum loaded mass of the vehicle. Further explanations cover various contingencies. Thus, "large" is equivalent to "heavy" and is (for this unique case) clearly defined ''sui generis''.

In U.S. attorney admissions, an applicant for admission to the practice of law may be referred to the state committee on character and fitness, where proceedings are "neither civil nor criminal, but are sui generis".<ref>{{cite web | url=https://govt.westlaw.com/azrules/Document/N2EC12DE03E3E11EDA13DAA05478457BE?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) | title=A.R.S. Sup.Ct.Rules, Rule 36, Effective: January 1, 2023}}</ref>

===Town planning law===
In [[town and country planning in the United Kingdom]], in particular, relating to the [[Town and Country Planning (Use Classes) Order 1987]], many common types of land use are categorised into specific "use classes". Change of use of land within a use class does not require planning permission; changing between use classes might require planning permission, and approval is always needed if the new use is {{lang|la|sui generis}}.

Examples of {{lang|la|sui generis}} uses include [[embassy|embassies]], [[theatre]]s, [[amusement arcade]]s, [[laundrette]]s, [[Taxicab|taxi]] or [[vehicle hire]] businesses, [[filling station|petrol filling stations]], [[scrapyard]]s, [[nightclub]]s, [[car dealership|motor car showrooms]], retail warehouses, clubs and [[hostel]]s.<ref>{{Cite web |title=Use Classes - Change of use - Planning Portal |url=https://www.planningportal.co.uk/permission/common-projects/change-of-use/use-classes/ |access-date=2024-04-26 |website=www.planningportal.co.uk}}</ref>
As of 1 September 2020 following the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020,<ref>{{Cite web |title=Use Classes - Change of use - Planning Portal |url=https://www.planningportal.co.uk/permission/common-projects/change-of-use/use-classes/ |access-date=2022-04-19 |website=www.planningportal.co.uk}}</ref> the following uses were added as sui generis:<ref>{{Cite web |title=Sui Generis Use Class Explained |url=https://www.restaurant-property.co.uk/blog/sui-generis-use-class-explained/ |access-date=2022-04-19 |website=Restaurant Property |language=en}}</ref>
* public houses, wine bars, or drinking establishments (''previously Class A4'')
* drinking establishments with expanded food provision (''previously Class A4'')
* hot food takeaways (''previously Class A5'')
* venues for live music performance
* cinemas (''previously Class D2(a)'')
* concert halls (''previously D2(b)'')
* bingo halls (''previously D2(c)'')
* dance halls (''previously D2(d)'')

The grant of private hire vehicle (taxicab) operators licences by local authorities frequently has a condition that the appropriate ''sui generis'' change of use planning permission is granted to those premises to ensure those businesses cannot trade lawfully without the relevant planning consent.

=== International law ===
When applied to international law, "{{lang|la|sui generis}}" refers to situations which are distinct and thus not easily categorized under existing legal frameworks or conventions. {{lang|la|Sui generis}} in international law may suggest novel legal frameworks to address unprecedented issues using a new set of legal principles. For example, the legal status of the internet or space law.
''Sui generis'' systems can be crucial in international law because they allow the international community to develop adaptive legal responses to emerging global challenges and contexts that are not adequately addressed by traditional international law. They often also serve as precursors to the evolution of wider customary international law or the development of new treaties and conventions. The uniqueness of {{lang|la|sui generis}} legal regimes can sometimes make them challenging to interpret, enforce, or harmonize with existing legal frameworks.<ref>Gallagher AT. The International Legal Framework. In: ''The International Law of Human Trafficking''. Cambridge University Press; 2010:54-143.</ref>

Another example of ''Sui Generis'' can be seen in the field of laws of war in international law. According to scholar Noura Erakat in ''Justice for Some: Law and Question of Palestine (2019)'', especially within the period of the [[Second Intifada]] of the [[Israeli–Palestinian conflict]], Israel uses the concept of ''Sui Generis'' to justify its military actions in the occupied territories, in contravention of pre-exssting legal norms. She refers to its use of military pre-emptive strikes towards Palestinians suspected of being involved with Palestinian militant organisations such as in the [[West Bank]] and [[Gaza Strip]].<ref>{{Cite book |last=Erakat |first=Noura |title=Justice for some: law and the question of Palestine |date=2019 |publisher=Stanford University Press |isbn=978-1-5036-1357-7 |location=Stanford, California |pages=182-183}}</ref> Erakat highlights its use of ''Sui Generis'' through the legal inconsistencies that arises when balancing Israel´s responsibility as the occupying power of the west bank and its justification for its use of premptive strikes.<ref>{{Cite book |last=Erakat |first=Noura |title=Justice for some: law and the question of Palestine |date=2019 |publisher=Stanford University Press |isbn=978-1-5036-1357-7 |location=Stanford, California |pages=181}}</ref> Another example Erakat refers to is Israel´s legal legal interpretation of the laws of war in [[The Second Intifada]]. Erakat argues that, to not grant Palestinian militant groups the rights of belligerent groups and to non-combatants in the occupied territories given by the international laws of conflict, it had argued that conflict as ¨short of war¨, under the concept of ''Sui Generis''.<ref>{{Cite book |last=Erakat |first=Noura |title=Justice for some: law and the question of Palestine |date=2019 |publisher=Stanford University Press |isbn=978-1-5036-1357-7 |location=Stanford, California |pages=182-183}}</ref> This for Erakat, allowed Israel to wield international law in order to fulfill its aims during the conflict without following the pre-existing legal conventions regarding armed conflict.