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Father of International Law
Hugo de Groot was a Dutch prodigy who, in 1625, published his De Jure Belli ac Pacis (On the Laws of War and Peace).
His major contribution was systematising international law. -
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International Law in the form we know it today
International law, in the form we know it today, emerged in the 17th century. -
Peace of Westphalia
After a thirty years war, the Peace of Westphalia was established through two diplomatic congresses, leading to a new political framework centered around sovereign states.
Thereafter, states sovereignity became the fundamental element of the international system and international law. -
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International Law based on writings
Writings of scholars play a crucial role in the early stages of legal systems, and International Law is no exception.
Initially, scholars approached international regulation through the lens of natural law. -
Scholars and their view of International law
- Initially, scholars approached international regulation through the lens of natural law.
- Later, other thinkers saw natural law as rational principles derived from human nature.
- Finally, by the late 18th century, the focus shifted to positivistic theories, emphasizing the importance of state practice over natural law. This emphasis on state behavior continued into the 20th century, although there was a revival of natural law concepts.
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Expansion and Consolidation of international legal rules.
200 years of gorwth
- Significant growth and consolidation of international legal rules, particularly in maritime law.
- Diplomatic and Consular Law development driven by improved communication and increased interactions between states and their nationals. -
Congress of Vienna
Aimed to ensure long-term European peace and establish regular meetings among European states. Impact:
- Initiated the use of multilateral conventions.
- Led to the creation of international organizations. -
Multilateral Conventions
The multilateral conventions topics expanded from addressing alliances and wars to covering matters such as:
- Navigation on the Rhine and Danube.
- Construction and status of the Suez Canal.
- North Sea fisheries, protection of submarine cables, and the abolition of slavery and the slave trade. -
Is International Law, law?
John Austin defined law in 1832 as commands of a sovereign who is habitually obeyed accompanied by sanctions in the event of any breach. As international law does not consist of commands from a sovereign and of clear sanctions in the event of any breach, it does not, therefore, qualify as law. -
First International Organizations
- Rhine and Danube Commissions for river navigation.
- International Telegraph Union (1865, now the International Telecommunication Union).
- Universal Postal Union (1874).
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Early Scope of International Law
Emerges from a process where politics are predominant, extending beyond domestic party politics to include state foreign policies.
- Initially it was limited to a few areas: diplomatic envoy inviolability, maritime authority, and treaty effects. -
The World Court
International law establishes norms which States regard as binding on them in their dealings with one another.
In 1920, The World Court was created and was restricted to deciding cases where both disputant States have consented to jurisdiction.
- Due to its limited role international law has developed other methods by which its rules can be enforced. -
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The League of Nations Era
The League of Nations was created as the first international organization with general competence to prevent future conflicts after World War I, in the peace settlement of 1919.
The League failed to prevent World War II due to its decentralized security system and member reluctance. Lessons from its failure informed the UN's formation. -
Impact on International Law
Although, the League did not consolidate a better world order, they were immensely important for international law. -
War Outlawing Efforts
Attempts were made to outlaw war, including the League's Covenant and the Kellogg-Briand Pact of 1928. -
Revised Laws of War
The earlier laws of war, found defective in World War I, were recast in 1929 in two new Conventions. -
Increased Use of Multilateral Conventions (1921 - 1937)
Expanded to include regulations on international waterways, maritime ports, opium, slavery, trafficking, and terrorism. -
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The United Nations Era (Post-1945)
Established by 50 states in San Francisco in 1945, replacing the League of Nations. The UN Charter came into force on October 24, 1945. Nearly universal, unlike the League of Nations, with notable exceptions (Taiwan, Holy See, Kosovo, Palestine). Primary Purpose: Maintenance of international peace and security, with improved mechanisms based on League experiences. -
UN Key points
- Prohibition of Military Force: Explicitly prohibited under Article 2 of the UN Charter.
- Centralized Mechanism: Security Council established to address threats and breaches of peace.
- Voting System: Replaced the League's unanimity requirement with majority voting in UN organs.
- General Assembly: Broadened competence to include international cooperation on economic, social, cultural, and humanitarian issues.
- Specialized Agencies: 16 autonomous bodies addressing specific areas.
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International Court of Justice
The Permanent Court of International Justice was replaced by the International Court of Justice which operates under the same Statute an at same place, The Hague. While the PCIJ was separate from the League, the ICJ is an integral part of the UN; its “principal judicial organ” -
Rise of Intergovernmental Organizations
Over 300 intergovernmental organizations exist, including regional bodies like the European Union, European Economic Area, Council of Europe, NATO, and Western European Union. -
Expansion of International Law
- New Areas: Human rights, international criminal law, international economic law, and environmental law.
- International Law Commission: Established in 1947 for the progressive development and codification of international law.
- Law Development: Significant growth through multilateral treaties and "soft law" (non-binding norms that may influence formal law).
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State Behavior in International Law
States, driven by the belief in their sovereign independence, are reluctant to compromise unless it clearly serves their interests. Which leads to negotiation complexity.
Achieving consensus on multilateral treaties can be lengthy and challenging, exemplified by the 9-year negotiation of the 1982 UN Convention on the Law of the Sea. -
20th Century Realization
- Multilateral conventions emerged as effective tools for international cooperation and standard-setting.
- Permanent international organizations proved valuable for ongoing functions beyond the capacity of individual states.
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Constant evollution
As the world changes, so must international laws. In the last 60 years, the law has developed almost exclusively through multilateral treaties and through what has often been called “soft law”.