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Lecture 1

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Political Science
POLS 3652
Awalou O

Lecture One  Essay Question One: Is the International Court of Justice competent? Prolegomena  Law is a complex set of rules, procedures and agencies supported and enforced by politically organized societies  There is a distinction between law and rights o Law is not always right, rights are not always law o The meaning of law is linked to the phenomenon of order  Aristotle linked society and law  There is no society outside of legal normativity  It shapes the behavior of individuals  Introduction o The term “international law” is new and replaced “law of nations” or “Jus guntium” o J. Bentham was an English thinker who wrote books on criminality  Founding father of legal analysis of criminality  Introduction to the Principles of Morals and Legislations  After the book, the term became official o International society is the society of collective entities  Society of nations, society of state, society of complex entities (ex: organizations) o International law of the international society  Clarification o Public international law vs. private international law  Private governs private relations that has international aspects  Public governs inter-state relations or the subjects of international law  Origins of International Law o Matter of dispute o Historiography  It is not history because of the fact that history is liked to empirical events in the past  Historiography is the history of ideas and institutions o Two ideas must be reassessed:  1) International law emerged in Europe in the peace of Westphalia (1648)  Westphalian Order  2) Hugo Grotius is the father of the new discipline o Some scholars dispute on the periodization of international law  Wilhelm Grewe – 3 systems of international law (Spanish, French, English age)  Cornelis van Vollenhoeven – 3 Ages of the Law of Nations  Development of the science of International Law o Roman Corpus Juris was the Roman system of law o Jus fetiale (Roman public law), jus civile (Roman private law), jus guntium (Roman private international law system)  Jus fetiale – rules concerning the treatments of ambassadors, the conclusion of treaties, making of peace and rules governing the relations between the roman empire and its divinities  Jus civile – Norms about property, contracts, responsibility, and only for Roman citizens  Jus genitum – Law applied by the Praetor to foreigners in their relations with Roman citizens and continues to be a matter of controversy  Common law of all nations  Foundation of Grotius’ system is the will  It made the distinction between civilized roman citizens and uncivilized foreigners (“Barbarus”)  It is the part of human law common to all peoples  Thomas Walker raised the question of why Rome made the distinction between people if Jus guntium is common to all  Rome believed there was only one civilization and all those outside are called “Barbarus”  Gaius tried to define Jus guntium by quoting natural law but natural law is common to all beings  Oppenheim stated that it became natural law only applicable to human beings o We have different categories of law based on the Roman categories of law  Jus Belli (War) as a catalyst o Laws of war are why war becomes a catalyst for international law o The end of the Roman Empire was the beginning of the Dark Age o There was an emergence of small independent entities in Europe after Columbus came into contact with individuals that forced a need of “law in war” o Thomas Aquinas influenced Francisco Vitoria who was a Spanish scholar and understood relations between Europe and the rest of the world  ****Thomas Aquinas****  He criticized the behavior of the Spanish against First Nations and said we cannot have Jus gentium because they are part of human nature  He promoted Thomism (ex: “the teachings of Thomas Aquinas”) o Rome discovered other civilized nations and therefore their own laws needed to be transformed o The spreading of war and the discovery of the new world meant that there needed to be new laws to apply  Vitoria o The Spaniards have a right to travel into the lands in question and to sojourn there, provided they do no harm to the natives, and the natives may not prevent them o There is proof that this may have derived from the law of nations (jus guntium)  Francisco Suarez o Jesuit professor of theology o Stated that natural law is that part of divine and eternal law which is revealed to man by recta intentio o Jus gentium voluntarily introduced by man  Institutions common to different national legal orders  The law to be observed between states  Myth of Grotius (1583-1645) o Grotius became an important thinker o It has been said that he is the founding father of “Laws of War” but not correct o All of his ideas were presented before him o
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