Ch.01 historical development


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Ch.01 historical development

  1. 1. Origin, Nature and Basis ofInternational LawIOrigin of International Law International Law of Antiquity Classical International Law Modern International law
  2. 2. International Lawof Antiquity
  3. 3. No precise date or periodStarted with the formation of politically organizedgroupsRules may be found existing 5,000 years beforeThese rules were peculiar to the unique setup ofthose communitiesThese rules were relating to peace, boarders,extradition, reprisals, diplomatic relationships etc. OriginInternational Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-4
  4. 4. Concluded between Eannatum(the victorious Ruler of Lagash)and the representative ofUmmaIt established peace anddefined their boarders Origin – Historical Traces: Lagash and Umma were two small Mesopotamian City StatesInternational Law ofAntiquityA TreatybetweenLagash andUmma3100 BCHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-5
  5. 5. A TreatybetweenEgypt andCheta1400 BCInternational Law ofAntiquity• It Provided for Peace, Alliance,Extradition and Exchange ofAmbassadors• Concluded between EgyptianPharaoh Ramses – II and King ofCheta Origin – Historical Traces:HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-6
  6. 6.  DevelopmentsPeace andWarDiplomaticRelationshipsBoarders andrespect ofBoardersExtradition,Asylum etc.The societies ofantiquitydeveloped rulesconcerning;International Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-7
  7. 7. The Empires of Egypt, Persia, Chaldea, Assyria,Mesopotamia and the small Hebrew Monarchiesand Phoenician City States – concluded TreatiesEstablished following principles;• Equality of Parties• Pacta sunt servanda – Agreements are to be keptGreece took two institutions from AsianCivilizations;• Technique of concluding Treaties; and• Art of DiplomacyAnd developed International Arbitration Developments1-8International Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-8
  8. 8. ROME (before expansion)Jus Civile• Law applicable to RomanNativesROMAN EMPIRE (after expansion)Jus Gentium• Law applicable betweenRoman Natives andforeigners• Based on Natural LawJus Fatiale• Law consisted ofreligious rules• GovernedRoman externalrelations anddeclaration ofwars• A special Magistrate, the praeterperegrines, appointed in 242BC, had created Jus Gentium.Outside World• It was first trueInternational Law To See the Evolution of Roman Empire Click Here --- Roman DevelopmentsInternational Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-9
  9. 9. 10 Developments By RomansROMEROMAN EMPIRE• In 212 AD RomanCitizenship was granted toall male inhabitants ofRoman Empire.• It diminish the distinctionbetween Jus Civile and JusGentium• Later on the principlesof Jus Gentium and JusFatiale became thebasis for ClassicalInternational Law.• It influenced to greaterextent all the EuropeanLegal Systems• Hence, Jus Civile becameapplicable to all theinhabitants both natives andforeigners of Roman Empire• But Jus Gentium andJus Fatiale did notdisappear. Roman DevelopmentsInternational Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties
  10. 10. FeudalLords EmperorPopePolitical Setup:Three fountains of Power – with Feudal Lordsbridging between the twoCommunities scattered into groups headedby Feudal LordsConfronted each other for PowerCatholic Church Holy RomanEmpireTwo Sets of Laws Emerged, corresponding totwo Power StructuresEcclesiastical Imperial It made difficult for an INTERNATIONAL LEGAL SYSTEM to emerge Developments During Middle Ages:International Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-11
  11. 11.  Developments During Middle Ages:However two sets of truly International Law were developedLex Mercatoria(Law of Merchants)Maritime CustomaryLaw• Revival of Trade – in 10thcentury• High Seas were ‘no-man’sland.• Merchants started travelingthroughout Europe for tradepurposes• Out of necessity they madetheir own rules of fairdealing which formed LexMercatoria• But Maritime Commercedemanded new rules• The rules were derived fromRhodian Sea Law – AByzantine CodificationInternational Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-12
  12. 12. The main credit of the Medieval Period is theemergence of Modern Sate.In the beginning it was in the shape ofmicroscopic Italian City StatesThese were wealthy city StatesTrying to justify their demands for independenceLater on with the birth of Social Contract TheoryModern States Emerged gradually in Europe.Particularly, in reaction against religious monopolistictrends in political affairs Developments During Middle Ages:International Law ofAntiquityHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-13
  13. 13. Some Schools of International Law During Medieval Period Developments During Middle Ages:International Law ofAntiquityItalian School:Represented By:1. Bartolus (1314-1357)2. Baldus (1327-1400)• They advocated the universality ofInternational Law• Applicable between independentprinces and free commonwealthsCore Principles:HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-14
  14. 14. Some Schools of International Law During Medieval Period Developments During Middle Ages:International Law ofAntiquitySpanish Schools:Represented By:1. Francesco De Vitoria(1486-1586)• Confirmed the UniversalCharacter of Law• Accepted the ownership ofIndians on their lands but justifiedthe Spanish extension on thebasis of superiorityCore Principles:HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-15
  15. 15.  There is a debate as towhen ModernInternational Laworiginated. Generally – There areFour Views as to its origin Origin:Modern International LawHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-16
  16. 16. In 9th Century – Co-existence of ‘Three Different Worlds’Islamic Empire, Holy Roman Empire and Byzantine EmpireTheir International Relations consisting on multi-culturalcivilizations gave rise to new International Standards. Origin:Presented By: R. AgoFirst View:In 11th Century – Community of Christian States emergedHence, their mutual intercourse gave birth to ModernInternational LawSecond View:Presented By: Zimmerman, A. Vendros, G. Balladore PallieriModern International LawHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-17