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DEVELOPMENT of
INTERNATIONAL LAW
Why international law
originated
International Law originated from
1) the establishment of peace and alliance
2) the termination of a state of aggression
3) states territorial integrity
4) creating some political alliances to contain an over-powerful
empire or forming a state of subservience between states
5) controlling violence and enhancing friendship
6) the need for a prospering and expanding empire and the
limitedness of the jus civile gave birth and rapid growth of the jus
gentium (the Roman international law).
The Middle Ages
The middle ages were characterized by the supreme
authority of the organized Church and the strict control
stemming from this religious-political mixture of
command.
A new concept formulated that international
communities should be constituted by secular nation-
states with characters of :
Independence
Sovereignty
competition.
The Emergence of Modern International
Law
From 15th to 18th centuries, the embryo of modern
international law emerged. Many international school and
famous scholars appeared. Such as Hugo Grotius.
Naturalist school & Positivist school emerged
Both the naturalist school & positivist school insisted no
interference was allowed in states internal affairs.
Every sovereign state shall respect each others diplomatic
immunity and equality.
A new doctrine of equality of states was introduced into
international law that regardless how a state was, large or
small, weak or powerful, it was equal to any other state in
terms of sovereignty.
The 19th Century
Many Features
self-determination
Democracy
state equality and realization of international
responsibility
racial superiority and desires for gaining through
aggressive approaches
the Industrial Revolution and breakthroughs in science
and technology propelled Western influence and idea of
European supremacy throughout the world.
The 19th Century
positivist theories
dominated the 19th with the rapid expansion of the rules of international law
and with the gradual but progressive development of modern international
system.
according to the positivist theory, international law depended upon the will of
the sovereign states.
with the development of international agreements, customs and regulations,
positivist theorists were in a position to solve the problem in international law,
and as a result 2 school of thought emerged. Monists & Dualists.
the monists claimed that there was only one fundamental principle.
the dualists maintained that international law and domestic law existed on
separate planes. International law should be based upon agreements
between states.
MEANING, SUBJECTS AND DEVELOPMENT OF
INTERNATIONAL LAW
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RELATIONSHIP BETWEEN INTERNATIONAL LAW AND
MUNICIPAL LAW
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International Law Today
The League of Nations
The United Nations Organization
The Permanent Court of International Justice
The International Court of Justice
International Law;
- is concerned traditionally with general principles and
specific rules,
- regulating relations between states.
Individuals;
- have become increasingly recognized as participants
and subjects of international law.
International Law;
- also imposes criminal responsibility,
- for serious violations of humanitarian law governing
armed conflicts.
International Law
In international law;
- the legal procedure is quite different,
- because, there is no single central supranational authority,
- to make rules and enforce them,
- through the use of sanctions in a systematic and continous
manner.
ICJ;
- is to apply the following laws to the cases brought before it;
1. International Conventions, whether general or particular,
establishing rules, recognized by the litigant states.
2. International custom, as the evidence of a general practice,
3. General principles of law, recognized by civilized nations,
4. Judicial decisions and teachings, of the most qualified
various nations, as subsidiary means for the determination of
rules of law.
Today, there are 8 sources of international law divided into traditional
and non-traditional sources.
5 Traditional Sources
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SOURCES OF INTERNATIONAL LAW (Contd)
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International Law
Written agreements;
- are generally called treaties and conventions,
- Other terms exist, such as pacts, covenants, charters,
protocols, etc
- They are similar to the texts of the law of contracts in
municipal law.
Written agreements;
- are not imposed on states by some supranational
legislative body.
- There is no international parliament, possessing legislative
powers, to impose international law on individual states.
International Law
Agreements;
- are called bilateral, if they are between just two parties.
- are called multilateral, if they are between more than two
parties.
SOURCES OF INTERNATIONAL LAW (Contd)
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SOURCES OF INTERNATIONAL LAW (Contd)
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The principle of abuse of rights: - is to the effect that states must
exercise their rights in a manner compatible with their various
obligations arising either from treaties or from the general law. This
principle can be illustrated in the Corfu channel case (ICJ Report, 1949,
p. 22) where the ICJ concluded that: No state may utilize its territory
contrary to the rights of other states.
The latter states: - states, have, in accordance with the UNC and the
principles of international law, the sovereign right to exploit their own
resources pursuant to their own environmental and developmental
policies and the responsibilities to ensure that activities within their
jurisdiction or control do not cause damage to the environment of
other states or of areas beyond the limits of national jurisdiction.
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SOURCES OF INTERNATIONAL LAW (Contd)
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SOURCES OF INTERNATIONAL LAW (Contd)
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SOURCES OF INTERNATIONAL LAW (Contd)
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SOVEREIGNTY IN INTERNATIONAL LAW
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CONCEPT OF SOVEREIGNTY IN INTERNATIONAL LAW
(Contd)
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CONCEPT OF SOVEREIGNTY IN INTERNATIONAL LAW
(Contd)
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BRANCHES OR FIELDS OF PUBLIC INTERNATIONAL LAW
(Contd)
Civil & Political Rights Economic, Social & Rights of Vulnerable Environmental,
Cultural Rights Group Developmental Rights
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THANK YOU
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