LSB 4633- Final Exam Guide - Comprehensive Notes for the exam ( 43 pages long!)

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OSU
LSB 4633
FINAL EXAM
STUDY GUIDE
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Growth and development of international
law
Introduction (What is international public law?)
Setting
● What is international public law?
● There is a traditional definition
● International law is the law regulating interaction between the states
● Since the end of World War 2, the notion of international law has expanded
Objective
In this lecture we examine the growth and development of international public law
What are the different philosophical bases for
international law?
International law derives from two foundational bases
● International law can be based on natural law principles
● International law can be based on positive law principles
What is the natural law?
Natural law is a basis of international law
● The “law of nations” was a subset of natural law
● The authority of law is connected to God
Natural law has some defining principles
● Restitution must be made for harm done by one party to another
● Promises given must be kept (pacta sunt servanda)
● Freedom of the seas
What is positive law?
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Under positivist thought, the authority of the law derives from the
sovereign
● Law requires a sovereign who issues commands and those commands are backed up
with sanctions
● There isn’t necessarily a connection between law and morality
What is the modern trend in thinking about international
law?
The modern trend has been from a system based on natural law to one
based on positive law
International law after World War I
● In many ways, World War I was a result of the growing importance of positive law
● After the war, the League of Nations tried to substitute international authority for the use
of force
● The Geneva Convention formulated rules about conduct in war
● Treaties limited legal right of a state to pursue war as an instrument of policy
After World War II, international law saw three major developments
● The rise of international organizations mean that international law was no longer just for
states
● Many more non-Western states joined the family of nations
● The gap between developed and less developed countries created a demand for a new
economic order
The cold war played a role in the development of international law
● The cold war was fought in two stages
● The first phase of the cold war could be called the containment era
● The second phase of the cold war could be called the subversion era
Events after the cold war affected the development of international law
● The end of the cold war initially brought renewed vigor to international public law
● The first Gulf War involved a large coalition of diverse nations operating under a UN
mandate
● The humanitarian war became an element of international law
After 9/11, there was a movement away from international law
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