Theme 1: Strydom Chapter 1

Question 1

Explain how Strydom used IL historically and after its development

Answer 1

Previously applied exclusively to the relations between states and became established as such in the 19th century

Currently used to describe the relationship between states which can be bilateral and multilateral

Question 2

What is theresult of the development of International Human Rights after WW2?

Answer 2

It caused writers to argue that individuals are also subjects of IL

Question 3

What is Independent and sovereign statehood seen as?

Answer 3

• Its the central organizing ideabehind international relations, and
• a source of the legal power that creates international law*.

Question 4

Def of states

Answer 4

States are the international community’ lawmakers and law enforcers

Question 5

What is ius gentium?

Answer 5

❖ Ius gentium was the general law applicable to all Roman territory.
❖ There is a claim that international law developed out of Ius gentium.
❖ However, this is not necessary something which should be accepted
without reflection as it is not entirely correct.

Question 6

What is the period from 1500 too 1648 known for and how was it characterized?

Answer 6

It is known for the emergence of modern Europe and was characterized by vigorous economic expansion, followed by social, political and cultural transformations.

Question 7

There are three main features of the period from 1500 too 1648

Answer 7

➢ Role of Portugal and Spain as the main political powers in the
Iberian Peninsula.
➢ The Thirty Years War
➢ The Peace of Westphalia

Question 8

Significance of Westphalia

Answer 8

It is considered to have accelerated the development of international relations

because the peace agreements that were entered into marked a move away from the domination and expansion of Christendom,

resulting in a secular system of states.

Question 9

Groitus

Answer 9

a major writer of the time
is often referred to as the “father of international law.”

Question 10

The Period from 1648 to 1815

Answer 10

This era is marked by a rivalry between the Netherlands, Britain and France.

Question 11

The significance of the emergence of the USA from The Period from 1648 to 1815

Answer 11

It was revolutionary, both in terms of the American Revolutionary War but also the system of government imposed after their victory.

Question 12

What new idea was introduced during period from 1648-1815?

Answer 12

The idea of a nation as a political entity, where people
elected to live together under a common set of laws

Question 13

What was the effect of the French revolution during period from 1648-1815?

Answer 13

The French revolution thereafter inadvertently caused unity when Napolean’s new territory collapsed due to economic strain and over extension, culminating in his defeat at the Battle of Waterloo.
❖ This resulted in a peace agreement being reached at the Congress of Vienna.

Question 14

Significance of The period from 1815 to 1914

Answer 14

This era is mainly focused upon the formation of Germany, due to Otto von Bismarck’s unification of 38 separate states left behind by Napolean’s attacks.

Question 15

Three factors to which the Concert of Europe is ascribed to?

Answer 15

➢ Underlying common moral standards and commitment in the common interest to hold in check a limitless desire for power.
➢ The accommodation of conflicting interests
➢ The role of brilliant diplomats and statesman who knew how to make peace and preserve it.

Question 16

What other era is the persiod 1815-1914 marked by?

Answer 16

the Berlin Conference of 1884 which focused on two aspects:
➢ The establishment of a free-trade zone in the basin of the Congo River
➢ The promotion of the well-being of the inhabitants in the territories under colonial rule.

Question 16

Prominent debate that emerged in the 1815-1914 period

Answer 16

A prominent debate also emerged around the ownership of territories colonized by the colonial powers.
Especially as it was done under the terra nullis theory, in that it was not “owned” by anyone despite the native population living there and it subsequently could be occupied for the purposes of establishing state sovereignty over it

Question 17

International Law before WW1

Answer 17

the two Hague International Peace Conferences of 1899 and 1907 played a large role.
❖ The three areas of concern in international law were:
➢ Peaceful Settlement of Disputes
➢ Disarmament
➢ The Law of Armed Conflict

Question 18

The Outbreak of World War 1

Answer 18

➢ The Hague conferences produced the first landmark codification of international law principles.
➢ They were inspired by humanitarian and peace concerns.
➢ However, it had no mitigating effect on Britain’s Scorched Earth Policy, the use of concentration camps in the Boer Republics or the
outbreak of World War 2.

Question 19

Wilson’s Fourteen Point Plan and the Establishment of the League of Nations

Answer 19

➢ Woodrow Wilson, President of the United States drafted these 14 points with the goal of achieving peace.
➢ The Treaty of Versailles gave rise to the League of Nations which he envisioned

Question 20

The Mandate System

Answer 20

➢ Article 22 of the Treaty formed the basis of the 3 tiered system of mandates according which the colonial possessions of the defeated powers were to be placed under the guardianship of certain states.

Question 21

The Build Up to World War 2

Answer 21

➢ The League of Nations as a guarantor of peace barely lasted 20 years.
➢ The Second World War soon broke out, each of the Axis powers seeking geopolitical expansion under the leadership of dictatorial regimes

Question 22

Establishment of the United Nations

Answer 22

➢ Focused on not making the same mistakes that lead to World War 2.
➢ There were several meetings between the Allied Powers between
1941 and 1945.

Question 23

The Cold War

Answer 23

➢ Mostly consisted of an economic conflict to become the world superpowers.
➢ Was fought between the East (Russia) and the West (USA).
➢ Cuban Missile Crisis remains a highlight of this era.

Question 24

The United Nations and Decolonization

Answer 24

➢ The UN played a defining role in the process of decolonization.
➢ Principles of equal rights and self determination as contained in Articles 1 and 55 of the UN Charter.

Question 25

The rise of International Organisations

Answer 25

➢ International Organizations have become key actors in
international society over the past two centuries.
➢ They are now subjects of international law in their own right.
➢ This is largely attributed to the change in circumstances of human society.

Question 26

19th Century Developments

Answer 26

➢ The development of international organizations began with the mundane –in this case, the regulation of river traffic.
➢ The Central Commission for Navigation one the Rhine created by the Congress of Vienna in 1815 is generally considered to be the first international organization.

Question 27

Purpose of establishment of The League of Nations during the interwar period

Answer 27

➢ It was established in order to promote international cooperation and to secure international peace and security.

Question 28

The United Nations of the Bretton Woods institutions

Answer 28

➢ Even though the League of Nations was a failure, the idea of a general international organization survived unscathed.
➢ At the start of World War 2 it was decided that a new international organization would be needed.

Question 29

In what ways was the UN Charter different to the League
of Nations?

Answer 29

▪ Similarly, it did work to maintain international peace and security.
▪ However, the UN charter gave Great Powers of the day a special role in the maintenance of international peace and
security through their permanent membership and special powers on the Security Council

Question 30

The Rise of Regional Organizations

Answer 30

➢ Examples such as the League of Arab States, established in the final
months of World War 2, or the Organization of American States.

Question 31

After the Cold War

Answer 31

➢ The end of the Cold war coincided with a resurgence in many regional international organizations, and an increased role being
played by such organizations in the maintenance of international peace and security

Question 32

Critical perspectives on approach discussed above

Answer 32

The approach described above is based on a specific world view:
* That the history of international law coincides with the history of the modern state system, and
* that theories or views about the nature, role and function of international lawcannot be studied or properly understood without releasing the influence of the prevailing political, economic, social and cultural conditions within which they are formed and applied.

Question 33

2 categories of criticisms:

Answer 33

➢ Those that respond to theoretical and practical issues in international law.
➢ Those that more broadly respond to the colonial and post colonial realities of international law that became obscured by the dominant western intellectual tradition that underpins the European character of international law.

Question 34

❖ The Positivist Approach to Law

Answer 34

➢ It remains the most influential approach to international law since the 19th century.
➢ Various subsequent approaches are in party critical reactions to the positivist tradition and its by-products.

Question 35

The realist approach to law

Answer 35

Must consider economic tensions, and other sociological contexts