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Foundations and Development of International Law
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Foundations and Development of International Law
Foundations and Development of International Law
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1
Question
How does Shearer define the central body of international law?
Page 1
Answer
It is a body of principles and rules of conduct that States feel bound to observe and commonly observe in their relations with one another.
2
Question
How does the SS Lotus Case define international law’s basis between States?
Page 5
Answer
Rules binding independent States emanate from their own will, expressed in conventions or usages generally accepted as law, to regulate their relations or achieve common aims.
3
Question
Which actors and relationships fall within the Restatement definition of international law?
Page 5
Answer
It covers rules and principles of general application concerning State conduct, international organisations, their relations with one another, and some relations with natural or juridical persons.
4
Question
How does the US Department of State definition portray international law’s development?
Page 5
Answer
It describes international law as continually changing and developing. Its evolution may be gradual or abrupt, and customary rules can be obligatory or non-obligatory depending on the subject matter and its status at a particular time.
5
Question
Which two principles underpinned the earliest recorded treaties?
Page 2
Answer
Pacta sunt servanda (agreements must be kept) and the principle of good faith.
6
Question
Which two distinctive practices did Ancient Greece add to diplomacy and treaty-making?
Page 7
Answer
International arbitration and proxeny (State hospitality), which lay at the origin of consular protection for foreigners.
7
Question
How did Greek rules regulate conduct during war?
Page 7
Answer
War was to be avoided and begun only by declaration. Heralds were not to be harmed, soldiers killed in battle were entitled to burial, people sheltering in captured temples were to be spared, prisoners were to be ransomed or exchanged rather than killed, and priests and seers were exempt.
8
Question
What did the Roman concept of jus fetiale govern?
Page 2
Answer
Religious rules governing Rome’s external relations and formal declarations of war. It recognised the inviolability of ambassadors and contributed to the distinction between just and unjust war.
9
Question
What legal relationships did jus gentium regulate in Roman law?
Page 7
Answer
It governed relations between Roman citizens and foreigners. It became an important part of Roman law and influenced European legal systems and public international law.
10
Question
How does natural law explain the universality of law?
Page 8
Answer
It treats law as right reason inherent in nature and humanity, discoverable by reason. Because it is universal, it applies to all nations and all times.
11
Question
What problem led medieval merchants to create lex mercatoria?
Page 9
Answer
Cross-border trade required a common legal framework. Merchants developed their own rules of conduct and fair dealing, enforced through special courts that decided commercial disputes.
12
Question
Why did maritime customary rules develop during the Middle Ages?
Page 9
Answer
Growing maritime commerce created a need for rules and standards for the sea. Customs were codified in collections that became accepted throughout Europe.
13
Question
Which principles did the Treaty of Westphalia recognise?
Page 2
Answer
Sovereignty, territorial integrity, and the equality of States. It also recognised non-interference in a State’s affairs and the State’s independence from the Church.
14
Question
What limits did territorial boundaries place on State sovereignty?
Page 10
Answer
A State’s authority did not extend beyond its finite territory and boundaries. Other sovereign States existed beyond those limits, so States needed rules to govern their relationships.
15
Question
What was the purpose of the balance-of-power system established under Westphalia?
Page 10
Answer
It aimed to prevent wars by ensuring that no European State became more powerful than the others. The system was later readopted by the Congress of Vienna.
16
Question
How did late-eighteenth-century events influence human rights and self-determination?
Page 3
Answer
Enlightenment ideals associated with the North American colonies’ struggle for independence and the French Revolution influenced the development of human rights and the principle of self-determination.
17
Question
What argument did Grotius make for freedom of the seas?
Page 10
Answer
He argued that no country could monopolise control over the ocean because of its immensity, lack of stability, and lack of fixed limits.
18
Question
How did Grotius describe a just war and its conduct?
Page 10
Answer
He described a just war as a war to obtain a right and treated it as punitive action against State crimes when conciliation had failed. He emphasised moral conduct, including protection of non-combatants, humane treatment of hostages and prisoners, and protection of property from wanton destruction.
19
Question
What does the concept of State reason permit in a conflict between law and State interests?
Page 9
Answer
It holds that preserving State power or the State against external enemies may prevail over law and morals when the conflict is irreconcilable. It has been used to justify reneging on binding international obligations.
20
Question
What was the Congress of Vienna’s main political objective?
Page 11
Answer
It sought a new balance of political forces in Europe to ensure lasting peace and maintain the status quo, including through territorial arrangements that would prevent any one State from becoming dominant.
21
Question
How did the Concert of Europe attempt to preserve peace?
Page 3
Answer
The powers agreed to meet periodically to discuss common problems and cooperate on major issues. The Concert became an international mechanism for maintaining peace and was largely successful in preserving peace in Europe for almost a century.
22
Question
What did the Congress of Vienna codify or promote beyond the balance of power?
Page 3
Answer
It codified law on diplomatic agents and missions, prohibited slave trading, and laid foundations for free navigation of rivers flowing through at least two European States.
23
Question
Which States were treated as subjects of international law during 1815–1914?
Page 3
Answer
States were recognised as the only subjects of international law.
24
Question
How was war viewed as an instrument during 1815–1914?
Page 3
Answer
War was accepted as the ultimate instrument for enforcing law and safeguarding national honour and interests.
25
Question
What argument challenges international law’s status as law?
Page 3
Answer
The challenge is that international law lacks a legislature, judiciary, or executive, in the usual sense, to create, interpret, and enforce it.
26
Question
What practical evidence supports treating international law as law?
Page 4
Answer
States recognise and observe it, contributing to substantial order in international relations. International lawyers, intergovernmental organisations, other non-State actors, and domestic and international courts apply it.
27
Question
Why might a State comply with international law for long-term advantage?
Page 4
Answer
The prospective long-term advantage of compliance may prevail over any short-term advantage gained by violating international law.
28
Question
How can reputation and reciprocity encourage State compliance?
Page 4
Answer
A State may seek to maintain its good reputation and fear retaliatory or reciprocal measures by a victim State if it violates international law.
29
Question
How can the UN Security Council enforce international law?
Page 4
Answer
Under Chapter VII of the UN Charter, the Security Council may take various measures, including the use of force, to compel a State to comply.
30
Question
How can treaties require States to resolve disputes?
Page 4
Answer
Treaties may bind States to accept the compulsory jurisdiction and judgments of a body established by treaty to handle disputes arising under it.