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- 2. Origin, Nature and Basis of International Law I Origin of International Law International Law of Antiquity Classical International Law Modern International law
- 4. No precise date or period Started with the formation of politically organized groups Rules may be found existing 5,000 years before These rules were peculiar to the unique setup of those communities These rules were relating to peace, boarders, extradition, reprisals, diplomatic relationships etc. Origin International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-4
- 5. Concluded between Eannatum (the victorious Ruler of Lagash) and the representative of Umma It established peace and defined their boarders Origin – Historical Traces: Lagash and Umma were two small Mesopotamian City States International Law of Antiquity A Treaty between Lagash and Umma 3100 BC Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-5
- 6. A Treaty between Egypt and Cheta 1400 BC International Law of Antiquity • It Provided for Peace, Alliance, Extradition and Exchange of Ambassadors • Concluded between Egyptian Pharaoh Ramses – II and King of Cheta Origin – Historical Traces: Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-6
- 7. Developments Peace and War Diplomatic Relationships Boarders and respect of Boarders Extradition, Asylum etc. The societies of antiquity developed rules concerning; International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-7
- 8. The Empires of Egypt, Persia, Chaldea, Assyria, Mesopotamia and the small Hebrew Monarchies and Phoenician City States – concluded Treaties Established following principles; • Equality of Parties • Pacta sunt servanda – Agreements are to be kept Greece took two institutions from Asian Civilizations; • Technique of concluding Treaties; and • Art of Diplomacy And developed International Arbitration Developments 1-8 International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-8
- 9. ROME (before expansion) Jus Civile • Law applicable to Roman Natives ROMAN EMPIRE (after expansion) Jus Gentium • Law applicable between Roman Natives and foreigners • Based on Natural Law Jus Fatiale • Law consisted of religious rules • Governed Roman external relations and declaration of wars • A special Magistrate, the praeter peregrines, appointed in 242 BC, had created Jus Gentium. Outside World • It was first true International Law To See the Evolution of Roman Empire Click Here --- Roman Developments International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-9
- 10. 10 Developments By Romans ROME ROMAN EMPIRE • In 212 AD Roman Citizenship was granted to all male inhabitants of Roman Empire. • It diminish the distinction between Jus Civile and Jus Gentium • Later on the principles of Jus Gentium and Jus Fatiale became the basis for Classical International Law. • It influenced to greater extent all the European Legal Systems • Hence, Jus Civile became applicable to all the inhabitants both natives and foreigners of Roman Empire • But Jus Gentium and Jus Fatiale did not disappear. Roman Developments International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties
- 11. Feudal Lords Emperor Pope Political Setup: Three fountains of Power – with Feudal Lords bridging between the two Communities scattered into groups headed by Feudal Lords Confronted each other for Power Catholic Church Holy Roman Empire Two Sets of Laws Emerged, corresponding to two Power Structures Ecclesiastical Imperial It made difficult for an INTERNATIONAL LEGAL SYSTEM to emerge Developments During Middle Ages: International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-11
- 12. Developments During Middle Ages: However two sets of truly International Law were developed Lex Mercatoria (Law of Merchants) Maritime Customary Law • Revival of Trade – in 10th century • High Seas were ‘no-man’s land. • Merchants started traveling throughout Europe for trade purposes • Out of necessity they made their own rules of fair dealing which formed Lex Mercatoria • But Maritime Commerce demanded new rules • The rules were derived from Rhodian Sea Law – A Byzantine Codification International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-12
- 13. The main credit of the Medieval Period is the emergence of Modern Sate. In the beginning it was in the shape of microscopic Italian City States These were wealthy city States Trying to justify their demands for independence Later on with the birth of Social Contract Theory Modern States Emerged gradually in Europe. Particularly, in reaction against religious monopolistic trends in political affairs Developments During Middle Ages: International Law of Antiquity Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-13
- 14. Some Schools of International Law During Medieval Period Developments During Middle Ages: International Law of Antiquity Italian School: Represented By: 1. Bartolus (1314-1357) 2. Baldus (1327-1400) • They advocated the universality of International Law • Applicable between independent princes and free commonwealths Core Principles: Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-14
- 15. Some Schools of International Law During Medieval Period Developments During Middle Ages: International Law of Antiquity Spanish Schools: Represented By: 1. Francesco De Vitoria (1486-1586) • Confirmed the Universal Character of Law • Accepted the ownership of Indians on their lands but justified the Spanish extension on the basis of superiority Core Principles: Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-15
- 16. There is a debate as to when Modern International Law originated. Generally – There are Four Views as to its origin Origin: Modern International Law Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-16
- 17. In 9th Century – Co-existence of ‘Three Different Worlds’ Islamic Empire, Holy Roman Empire and Byzantine Empire Their International Relations consisting on multi-cultural civilizations gave rise to new International Standards. Origin: Presented By: R. Ago First View: In 11th Century – Community of Christian States emerged Hence, their mutual intercourse gave birth to Modern International Law Second View: Presented By: Zimmerman, A. Vendros, G. Balladore Pallieri Modern International Law Home Definitions Gen. Sylbs Cases Part Intro HEC Sylbs Treaties 1-17