Historical timeline Flashcards
Distinct problems of these sources
What moral code could be used as a basis of law? Who decides?
What is so legitimate about Custom, it would seem to be biased toward the status quo. Is that just?
Regarding legal scholarship, what are the deeper philosophical roots of this scholarship. Is it arbitrary or linked to specific theories, philosophies or cultures?
Discussions questions
If there is no world government, no higher authority, how can there be legitimate international law?
Even if international law is recognized, how is it enforced?
At some point, international law faces the problem of sovereignty. What do states do when they wish to enforce international law when the state in violation has the right to object?
Why cannot the United Nations enforce international law?
? After all, most treaties are deposited with the UN or similar organizations.
Considering that the UN, or any other IGO, do not have the authority to enforce international law, it is up to the states to do so. However, there is no clear legal basis for states to legitimately enforce international law.
It would seem that it would be reasonable that states enforce international law, but the issue of sovereignty and problems of facts, perceptions of the facts, and interpretations of the law produce lack of clear, unproblematic right for states to intervene (example of socialist vs capitalis perception of rights)
Ancient time imperial rome’s contribution was the development of :
Jus fatiale consisting of religious rules which governed Rome’s external relations and formal declarations of war which, inter alia, recognized the inviolability of ambassadors and was at the origin of the distinction between ‘just’ and ‘unjust’ war;
Jus gentium which governed relations between Roman citizens and foreigners. It became an essential part of Roman law and thus greatly influenced all European legal systems and, through them, public international law;
The doctrine of ‘just’ war by Cicero;
The doctrine of the universal law of nature known as ‘natural law’.
In western civilizations (ancient time), there were some customary rules. Jules Cesar governs relations between Rome and other civilizations. Rome had to respect the law. The difference between now and before is that before, the Romains, especially the leader of Rome created and decided all the rules without the agreements of others.
The middles ages _ two sets of truly international reules developed :
Lex marcatoria which consisted of rules of conduct and fair dealing between merchants and;
Maritime customary law
During the feudal period, there were not relations between others because there was no real country, just kings and castles.
The modern state, has relatively recent origins, 17th century—in Europe
Renaissance: enlightenment, rebirth of science, painting, and smartness, re-educated western part.
Prior to the modern era, world political interaction was between units that were not ‘states’ in any conventional sense. In other words, nation-states had many “competitors” as the basic unit of the international system.
The Catholic Church, Empires, e.g., the Holy Roman Empire, Kingdoms, dukedoms Principalities, City-states, city-leagues, e.g., Venice
What was the thirty years war (1618-1648)
mostly over religion, internal politics and territory, was one of the msot destructive and longest conflicts in Europe.
Ends with the peace treaty of Westphalia
What happens from the 1648 treaty of West^halia to the 1815 Congress of Vienna ?
The period of classical international law
The 1648 Treaty of Westphalia recognized the principles of sovereignty, territorial integrity and the equality of States.
It legitimized the principle of non-interference in the affairs of a State and recognized that a State was independent from the church.
The treaty established a system of balance of power which lasted until the French Revolution and the Napoleonic Wars, and was aimed at preventing wars.
What are the main point of the Peace of Westphalia (1648)
i. each prince has the right to determine the religion of his own state, and exclusive rights over the land, people, and agents abroad
ii. Inception of international law; no more pretensions of transnational, religious or political unity iii. beginning of embassies, alliances and other elements of modern diplomacy iv. greater regularity and predictability in international relations – better of sense of who the players are on an ongoing basis
Who was Alberico gentili (1552-1608) ?
Italian
First to try to write the “rules of war”
De Jure Belli (On the Law of War) (1598), made him the first true international law writer and scholar.
Who was Hugo Grotius (1583-1645)?
Grotius (Huig de Groot) a seventeenth century Dutch lawyer, is considered the founder of modern international law.
In 1609 Grotius published Mare Liberum (The Freedom of the Seas)
He argued that the freedom of the seas was important and that no one state should be permitted to monopolize control over the seas and oceans.
He was one of the first to propose the existence of norms in the conduct of relations between states.
What was Grotius’ influence ?
Grotius considered war a “necessary evil,” and he discussed problems related to war in order for the conduct of war to be regulated.
Due to the “unstableness of human nature,” he did not think it likely that the society of man could achieve “perfect unity and harmony,” but he did set up an ideal to aim for.
Translation: War is enevitable as part of human nature and because it cannot be irradicated it must be regulated
What happens from 1815 to 1914 ?
The 1815 Congress of Vienna codified the law on diplomatic agents and missions, prohibited slave trading and laid the foundations for the free navigations of rivers which flow through at least two European States.
The main features of international law during the period from 1815 to 1914 were the principles of sovereignty, balance of power, legitimacy and equality between nations.
The unorganized character of the international community, which was composed of a multitude of sovereign States legally equal;
The acceptance of war as the ultimate instrument of enforcing law and safeguarding national honor and interest;
The recognition of States as the only subjects of international law.
Who was Auguste Comte
The 19th century was the century of positivism which was introduced by French philosopher Auguste Compte.
He posited that humanity had gone through three stages of development: theological which focused on religious idea, the metaphysical which concentrated on legalistic and jurisprudential ideas; and “positive” which rejected the past superstitions, ideas and dogmas to focus on scientific studies of objectively ascertainable facts.
The positivist theories were further developed by john Austin and Jeremy Bentham and came to dominate jurisprudential thinking in general. Including the theory of international law.
What was the Hague Peace conferences ? (1899)
Established principles of rules of war
What was acceptable and unacceptable
Dum Dum Bullets
Poison gas
Bombing from air vehicles (air balloons)
