L O G O International Law Historical development.

L O G O

International Law

Historical development

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Summary

Early Origins1

The Middle Ages2

The Emergence of Modern IL3

The 19th Century4

International Law Today5


Early Origins

International Law originated from 1) the establishment of peace and alliance 2) the termination of a state of aggression 3) state’s territorial integrity 4) creating some political alliances to contain an over-

powerful empire or forming a state of subservience between states

5) controlling violence and enhancing friendship 6) the need for a prospering and expanding empire and the

limitedness of the jus civile gave birth and rapid growth of the jus gentium (the Roman international law).


The Middle Ages

The middle ages were characterized by the supreme

authority of the organized Church and the strict control

stemming from this religious-political mixture of

command.

随着政教分离思想的流行，欧洲文艺复兴引入的新思潮，以及全球地理位置的扩张

A new concept formulated that international communities

should be constituted by secular nation-states with

characters of independence, sovereignty and competition.


The Emergence of Modern International Law

From 15th to 18th centuries, the embryo of modern international law emerged. Many international school and famous scholars appeared. Such as Hugo Grotius.

Naturalist school & Positivist school 同时出现 Both the naturalist school & positivist school

insisted no interference was allowed in state’s internal affairs. Every sovereign state shall respect each other’s diplomatic immunity and equality.

A new doctrine of equality of states was introduced into international law that regardless how a state was, large or small, weak or powerful, it was equal to any other state in terms of sovereignty.


The 19th Century

Many Features 1) self-determination, democracy, state

equality and realization of international responsibility, but also expansionism （扩张） , racial superiority （种族优越论） and desires for gaining through aggressive approaches.

2) the Industrial Revolution and breakthroughs in science and technology propelled Western influence and idea of European supremacy throughout the world.


The 19th Century 3) positivist theories

·dominated the 19th with the rapid expansion of the rules of international law and with the gradual but progressive development of modern international system.

·according to the positivist theory, international law depended upon the will of the sovereign states.

·with the development of international agreements, customs and regulations, positivist theorists were in a position to solve the problem in international law, and as a result 2 school of thought emerged. Monists & Dualists.

·the monists claimed that there was only one fundamental principle. 个人行为

·the dualists maintained that international law and domestic law existed on separate planes. International law should be based upon agreements between states.


International Law Today

1) 先后出现 The League of Nations

The United Nations Organization

The Permanent Court of International Justice

The International Court of Justice

International Law developed with the development of international organizations/institutions.



2) some principles ·non-intervention in internal affairs ·territorial integrity ·nonuse of force ·equality of voting in the UN General Assembly

3) today international law has not only expanded its jurisdictional scope to embrace newly established states, but also extended itself to include individuals, groups, multinational corporations and international organizations within its jurisdiction.

4) international law has been progressing to tackle new problems in a wider range, which has never been covered before.



5) there are some serious problems that hinder the development of international judicial system and the creation of fair and just international order.

6) it becomes critical to serve the need for enlarging the enforcing power of international law on one hand and cultivating the sovereign units the sense of responsibility for their international obligations on the other.

7) with respect to the future of international political and judicial system more consideration should be taken into the continuous reform of the system to have it ascertainable, and flexible enough to permit change when this becomes necessary because the states need a form of insurance provided by the system to seek and attain certain goals.

L O G O International Law Historical development.

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