Chapter 1: The Concepts of International Law
1. Origin of Law
Nomadic Humans had no laws because humans were uncivilized and lived separate from one another.
The Law of Retaliation:
Early human civilizations created unwritten customs, traditions, norms that is passed down through generations
- Laws develop alongside society to meet it’s demand
Kingdoms interacting with one another will need rules to be created
1.1. Roman Civilization
Roman empire invaded lands occupied by non-roman people
- Encountered people with different culture, life style, beliefs
Jus gentium (Law of Nations) codifications to govern interaction between Roman-people and non-Roman people
- Derived from the theory of Natural Law
- The first traditional international law
Natural Law is a theory or system of law stating that every being is created by god to justify equality, justice, and morality between all humans
- Human beings should treat each other equally and fairly
1.2. Early Writings and Theories
Hugo Grotius, the father of modern international law & Modern Natural Law theory
- Wrote the book of law and peace
- On Natural Law: he believed everyone should be treated equal, but he separated it from religion
- On International Law: states are bound by rules and laws, but also by morality
His idea became the base for Westphalia
1.3. Historical Events and Milestones
1. Peace Treaty of Westphalia (1648)
Ended 30 years war in Europe
- The constitutional treaty of Europe:
- Created the principles of
- Sovereignty
- Territorial integrity
- Equality of nations
2. Congress of Vienna (1815)
It ended the Napoleonic War
It was a platform for European states to discuss peace
3. League of Nations
World War 1 destroyed progress from Congress of Vienna
⇒ Created League of Nations with similar principles
4. United Nations
World War 2 destroyed it again
⇒ United Nations created, using the same promises
- Successful
Made new contributions to Int’ law
International Law is a set of rules, standards, that govern relations between states and states & int’ organizations