-
We can say that the early beginnings of international law points to the rules that were applicable to the ancient Greek City States and also to the Roman Empire and the inviolability of sanctity treaties.
-
Early writers - Francisco de Vitoria and Francisco Suarez studied the regulation of international affairs through natural law.
Later writers - Samuel Von Pufendorf and Christian Wolff viewed natural law as law rationally determined. -
International Law emerged in the 17th century and we can say the beginning of it is between 1625 and 1648
-
Hugo de Groot contributed the systematised international law by breaking it and applying appropriate rules to each part. He added rules form treaties and the practice of States.
-
When the 30 Years War ended, the peace of Westphalia was negotiated by 2 congresses and the result was a new political order.
-
Jeremy Bentham replaced the term "law of nations".
-
Created with the intention to secure long - term peace between Europe and European States. Great example of international law.
-
John Austin defined law as "commands of sovereign who is habitually obeyed accompanied by sanctions in the event of any breach"
-
The concentration on States and their practice as the basis in international law lasted until the 20th century.
-
In consequence of World War I, a peace treatment was created stablishing the first global organization with general competence. Sadly the League failed 20 years later.
-
The World Court was created but it is limited to take and solve the cases where both disputants States have consented to jurisdiction. (Some of the disputes are settled by mediation and conciliation)
-
Since the 20th century the extension of International Law is related to the territorial growth of the States so the International Law now covers areas that in the past were exclusive of the States (human rights or economic affairs), and also, International Law is intended to affect individuals.
-
50 States gathered for 2 months in San Francisco, this meetings resulted in the creation of UN Charter with the purpose of maintaining international peace and security.
-
Due to the limitation of numbers and the belief in sovereign independence the States can make the process of negotiation of treaties long and laborious. A clear example is the Law of Sea that took 9 years of intensive negotiations.
-
This is the perfect example to demonstrate that it is almost impossible to get states to agree to concerted action, the airstrikes against Serb to calm the humanitarian catastrophe in Kosovo was an action made with no legal justification.