Introduction and History
International law is a system that regulates the relationships among
sovereign States. It covers a wide array of issues, ranging from the
creation of States to the regulation of trade in goods among countries, to
the protection of intellectual property and climate change. International
law is not the same as a national legal system:
- Not centralized legislative or executive bodies.
- No mandatory dispute settlement procedures.
- Decentralized system of norm creation and enforcement.
History of international law:
Roman Empire: The notion (begrip) of ius gentium as a set of rules
dictated derived from natural reason common to all peoples. It
stems from the assumptions about the nature of man and society
(universal value)
Middle Ages: overlapping of different normative levels and
communities. The international society was composed
(samengesteld) of a transnational network of diverse entities and
individuals. Overlapping layer holy Roman Empire and the
Catholic Church. Emergence of lex mercatoria and maritime custom.
Emergence of colonialism: Western European reigns subjugating
(onderwerpen) native Indian populations (needs to be justified!).
17th/18th century: first emergence of modern international law
applying to international relations -> 1648 Peace of Westphalia
and consolidation (samenvoegen) of nation States, State sovereignty
and the principle of equality among States.
19th century: the primary source of law is State will, hence State
consent to be bound to an international obligation (positive law):
- Ravaging (verwoestende) colonialism and partition (verdeling) of
Africa.
- Creation of the League and partition of Africa (Berlin Conference)
- Creation of the League of Nations (1919): maintaining world peace
-> towards peaceful dispute settlement and establishment of the
PCIJ.
- Replacement of the League of Nations with the UN -> major
introductions of the UN Charter; outright ban on use of force;
principle of self-determination of peoples; equality of States;
collective effort in maintaining peace and security via UNSC.
- UNGA started the decolonization processes.
- Emergence of multiple regional organizations -> most advanced
example: the European Union.
- While originally international law was mainly concerned with the
horizontal relationship among States (coexistence), increasingly
vertical and transnational issues are taking center stage
(cooperation).
Subjects and actors
A subject of international law can be defined as an entity capable of
holding international rights and duties and having the capacity to
protect its rights by bringing international claims (international legal
International law is a system that regulates the relationships among
sovereign States. It covers a wide array of issues, ranging from the
creation of States to the regulation of trade in goods among countries, to
the protection of intellectual property and climate change. International
law is not the same as a national legal system:
- Not centralized legislative or executive bodies.
- No mandatory dispute settlement procedures.
- Decentralized system of norm creation and enforcement.
History of international law:
Roman Empire: The notion (begrip) of ius gentium as a set of rules
dictated derived from natural reason common to all peoples. It
stems from the assumptions about the nature of man and society
(universal value)
Middle Ages: overlapping of different normative levels and
communities. The international society was composed
(samengesteld) of a transnational network of diverse entities and
individuals. Overlapping layer holy Roman Empire and the
Catholic Church. Emergence of lex mercatoria and maritime custom.
Emergence of colonialism: Western European reigns subjugating
(onderwerpen) native Indian populations (needs to be justified!).
17th/18th century: first emergence of modern international law
applying to international relations -> 1648 Peace of Westphalia
and consolidation (samenvoegen) of nation States, State sovereignty
and the principle of equality among States.
19th century: the primary source of law is State will, hence State
consent to be bound to an international obligation (positive law):
- Ravaging (verwoestende) colonialism and partition (verdeling) of
Africa.
- Creation of the League and partition of Africa (Berlin Conference)
- Creation of the League of Nations (1919): maintaining world peace
-> towards peaceful dispute settlement and establishment of the
PCIJ.
- Replacement of the League of Nations with the UN -> major
introductions of the UN Charter; outright ban on use of force;
principle of self-determination of peoples; equality of States;
collective effort in maintaining peace and security via UNSC.
- UNGA started the decolonization processes.
- Emergence of multiple regional organizations -> most advanced
example: the European Union.
- While originally international law was mainly concerned with the
horizontal relationship among States (coexistence), increasingly
vertical and transnational issues are taking center stage
(cooperation).
Subjects and actors
A subject of international law can be defined as an entity capable of
holding international rights and duties and having the capacity to
protect its rights by bringing international claims (international legal
