1. THE HISTORICAL DEVELOPMENT OF INTERNATIONAL LAW

2. Timeline Ancient Times – limited effect Renaissance – first stages
Treaty of Westphalia – sovereignty established
Congress of Vienna – start of formalised practice
Hague Conferences – clear rules on killing each other
League of Nations – Nice idea but only half baked
United Nations – It works. Doesn’t it?

3. Early Origins International law has its origins in early history.
Empires and monarchies developed relations with one another.
There were no set rules, do what you can get away with.
Diplomats were relatives of rulers or powerful politicians – basis of authority

4. The Middle Ages and the Renaissance
In 1455 the city of Milan sent a permanent representative to the French court
First “modern” diplomat
Soon everyone was sending delegates to their friends / rivals
Became important as religious and political strife deepened
Protestants vs Catholics vs Muslims
Explorers rediscovering NA = economic rivalries
Centralising of power under the monarchy
Modern nation state

5. Peace of Westphalia Ended the Thirty Years War 1618-1648
Peace Treaty between the Holy Roman Emperor and the King of Sweden as well as the King of France and their respective Allies.
Established the idea of sovereignty
That monarch had rights to protect their territory
Nations were treated as “people” and so afforded rights under the “law”
Set guiding principles on how nations “talk” to each other.

6. Modern International Law
The international legal system which defines the rights and obligations of States today began in the seventeenth century.
The rise of sovereign nation States at that time marks the beginning of modern international relations and modern international law.
As interactions between States expanded, so did international law.

7. Alberico Gentili (1552-1608) Italian
First to try to write the “rules of war”
De Jure Belli (On the Law of War) (1598), made him the first true international law writer and scholar.

8. Hugo Grotius ( )
Grotius (Huig de Groot) a seventeenth century Dutch lawyer, is considered the founder of modern international law.
In 1609 Grotius published Mare Liberum (The Freedom of the Seas)
He argued that the freedom of the seas was important and that no one state should be permitted to monopolize control over the seas and oceans.
He was one of the first to propose the existence of norms in the conduct of relations between states.

9. Grotius’ Influence
Grotius considered war a "necessary evil," and he discussed problems related to war in order for the conduct of war to be regulated.
Due to the "unstableness of human nature," he did not think it likely that the society of man could achieve "perfect unity and harmony," but he did set up an ideal to aim for.
Translation: War is enevitable as part of human nature and because it cannot be irradicated it must be regulated

10. Cornelius van Bynkershoek (1673-1743)
Dutch writer on international law.
His De Dominio Maris (on the Rule of the Seas) published in 1702 is a classic on maritime law,
Proposed the "three-mile limit" rule.
Nations may claim sovereignty over territorial sea to a distance of 3 mi (4.8 km) from the coast.

11. The Congress of Vienna
The Congress of Vienna ( ) attempted to reconstruct Europe upon permanent lines after the French Revolution and the downfall of Napoleon.
The great powers agreed among themselves and legislated for the rest of Europe.
The Congress was predominantly a war conference but it established peace and a sort of an institutional framework (“The Concert of Europe”) which lasted for many years.
The Congress deliberations led to the adoption of rules concerning the rank of ambassadors (diplomatic precedence), navigation on rivers and slave trade.

12. The Hague Peace Conferences
Hague Conference of 1899
Established principles of rules of war
What was acceptable and unacceptable
Dum Dum Bullets
Poison gas
Bombing from air vehicles (air balloons)
Hague Conference of 1907
How to start a war
What to do with enemy nationals
Modern Naval rules (legitimate targets, capture)
Roles / Rights / Responsibilities of Neutral states

13. The League of Nations
The First World War was regarded by many as vindication of the flaws of International Law
Need to clearly establish a body / forum to regulate nations
The League of Nations was created in an effort to prevent conflicts on a mass scale such as the First World War ( ).
It failed

14. The United Nations
The collapse of Nazi Germany and the realisation of what the Nazis had done fuelled the determination to set up a more efficient international organization to safeguard global peace and security
In 1945, the League of Nations was revamped
United Nations Organisation
The Charter of the United Nations was signed in San Francisco on June and the Charter entered into force on October 24, 1945.
The primary function of the United Nations is maintenance of international peace and security.
One of the functions of the United Nations is codification and progressive development of international law.
In order to carry out this function the UN General Assembly established a subsidiary organ: The International Law Commission.