POLS1201 Lecture Notes - Lecture 6: Jus Gentium, Hugo Grotius, Early Modern Europe
Lecture 6 - 05/04 - Laws, Norms, and International Security
Origins + Evolution of Int. Law:
Natural law
Early Christendom and medieval Europe
Filtered through religion
Universally and eternally valid
divine source of law
encounters across borders dismantled belief that these laws are universal -
different cultures, religions, etc.
Law of nations and the rise of the sovereign state
Early modern Europe - ~1600s
Divine Right of Kings
law = a command of a superior (God-King)
= a command backed by force
minimal moral code between states
Hugo Grotius on jus gentium (law of nations)
state as moral person with rights and duties
Rise of positivist international late (late 1700s)
state practice
custom - actual existing state practice
consent - will of nations/states
Contractualism
Multilateralism
talks became more important than scripture
Mechanisms to enable international society to legislate and live peacefully
e.g. treaties
rule of law between states - respect religions etc.
law as basis of civilisation - how wars could be fought etc.
What is Int. Law?
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law = establishing a sphere of non-optional obligatory conduct
orders/commands backed by force
Authorised, legitimate superior (sovereign) - contrasts with gunman situation
(illegitimate commands/authority)
Int law:
sphere of non-optional obligatory conduct?
what about the absence of a sovereign (authorised superior)?
simply a set of rules
not necessarily laid down by a superior
Grown out of historical practice and convention, and changing social and political
considerations
reflects changing ideas - of human rights etc.
historically, modern int. law has applied to states only, until recently
Sources of Int. Law:
Statute of Int. Court of Justice
Treaties
sign and ratify expressed agreements
custom
state practice - established patterns
jus cogens - peremptory rules
General Principles of law recognised by civilised nations
history on int. jurisprudence (law)
opinio juris - legal defence of behaviour
Judicial decisions/judgements
consent is crucial
UNSC has right to enforce judgement, but has never done so
Functions?:
Power
Realist view (Morgenthau & Carr)
International law is not law properly speaking
int. law used selectively for instrumental purposes - justifying political positions etc.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Lecture 6 - 05/04 - laws, norms, and international security. Universally and eternally valid divine source of law encounters across borders dismantled belief that these laws are universal - different cultures, religions, etc. Law of nations and the rise of the sovereign state. Divine right of kings law = a command of a superior (god-king) = a command backed by force minimal moral code between states. Hugo grotius on jus gentium ((cid:1684)law of nations(cid:1685)) state as (cid:1684)moral person(cid:1685) with rights and duties. Rise of positivist international late (late 1700s) state practice custom - actual existing state practice consent - will of nations/states. Mechanisms to enable international society to (cid:1684)legislate(cid:1685) and live peacefully e. g. treaties rule of law between states - respect religions etc. law as basis of civilisation - how wars could be fought etc. Law? law = establishing a sphere of non-optional obligatory conduct orders/commands backed by force. Authorised, legitimate superior (sovereign) - contrasts with (cid:1684)gunman situation(cid:1685) (illegitimate commands/authority)
