International Law Flashcards
Where was the term “International Law” used for the first time?
In Principles of Morals and Obligations by Jeremy Bentham in 1789
What was international law to Jeremy Bentham?
The relationship of different nations
Briefly, how is international law today different from classical international law?
Classical international law regulated matters between states, whereas today international law exerts jurisdiction over individuals (subjects of the State) through its jurisdiction over states.
Who was the father of international law?
Hugo Grotius, a dutchman who wrote: 1. De Jure Belli; 2. Mare Librum and De Jure Pradæ Commentarius (at age 22)
What was Grotius’ main idea?
The concept of ‘Natural Law’ that transcends the sovereignty of states and hence is more important. He called his bifurcation of law: Jus Gentium and Jus Outuræ, i.e. customary law and natural law
7 things that Grotius argued for:
- Religious freedom; 2. Free seas; 3. Just wars; 4. rights of POW; 5. Good faith of treaties; 6. Law of neutrality; 7. Universal State Succession
What the three schools of international law?
- Naturalists:
- Positivists:
- Groatians:
Who founded the naturalists?
Pufendorf
What is the critique of the naturalists?
Too vague and mean different things to different people
In Latin: “Fundamental change of circumstances”
Rebus Sic Stantibus
In Latin: “De novo”
From the beginning
In Latin: “Res Judicata”
A decision by a court cannot be challenged in another court of similar stature
In Latin: “Common Property and No-man’s land”
Res communis et res nullis
In Latin: “With Equity and Good measure”
Ex aqueo et bono
In what cases is extradition commonly granted?
In criminal cases
