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Approaches To International Law
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of international rules: why states voluntarily adopt international legal norms, that limit their freedom of action, in the absence of a world legislature. Other perspectives are policy oriented; they elaborate theoretical frameworks and instruments to criticize the existing rules and make suggestions on how to improve them. Some of these approaches are based on domestic legal theory, others are interdisciplinary, while others have been developed expressly to analyse international law. Classical approaches to international law Natural law Many ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Augustine Of Hippo
Augustine of Hippo ( , ; la, Aurelius Augustinus Hipponensis; 13 November 354 – 28 August 430), also known as Saint Augustine, was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Africa. His writings influenced the development of Western philosophy and Western Christianity, and he is viewed as one of the most important Church Fathers of the Latin Church in the Patristic Period. His many important works include ''The City of God'', '' On Christian Doctrine'', and '' Confessions''. According to his contemporary, Jerome, Augustine "established anew the ancient Faith". In his youth he was drawn to the eclectic Manichaean faith, and later to the Hellenistic philosophy of Neoplatonism. After his conversion to Christianity and baptism in 386, Augustine developed his own approach to philosophy and theology, accommodating a variety of methods and perspectives. Believing the grace of Christ was indispensable to human freed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cornelius Van Bynkershoek
Cornelis van Bijnkershoek (a.k.a. ''Cornelius van Bynkershoek'') (29 May 1673, in Middelburg – 16 April 1743, in The Hague) was a Dutch jurist and legal theorist who was educated at the University of Franeker. After two years study, he began to apply himself to jurisprudence. He resolved to reform the common law of his country, and took as the basis of a new system the principles of Roman law. He later contributed to the development of international law in works like ''De Dominio Maris Dissertatio'' (1702); ''Observationes Juris Romani'' (1710), of which a continuation in four books appeared in 1733; the treatise ''De foro legatorum'' (1721); and the ''Quaestiones Juris Publici'' (1737).Online copy Complete editions of his works were published after his death; one in folio at Geneva in 1761, and another in two volumes folio at Leiden ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Zouche
Richard Zouch (1 March 1661) was an English judge and a member of parliament from 1621 to 1624. He was elected Member of Parliament for Hythe in 1621 and later became principal of St. Alban Hall, Oxford. During the Civil War he was a Royalist and was appointed by Oliver Cromwell to a special commission of oyer and terminer. Zouch wrote extensive legal texts and was among the earliest systematic writers of international law. Early life Zouch was born at Ansty, Wiltshire, the third surviving son of Francis Zouche (d.1600) and Philippa, sixth daughter of George Ludlow of Hill Deverel, Wiltshire. He was educated at Winchester and afterwards at New College, Oxford, where he was a scholar in 1607, and Fellow in 1609. He graduated as B.C.L. in 1614, and D.C.L. in 1619, was admitted at Doctor's Commons, London, in January 1618, and was appointed Regius Professor of Civil Law at Oxford in 1620. In addition to his university duties, he had a large legal practice in London. It was appa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alberico Gentili
Alberico Gentili (14 January 155219 June 1608) was an Italian-English jurist, a tutor of Queen Elizabeth I, and a standing advocate to the Spanish Embassy in London, who served as the Regius professor of civil law at the University of Oxford for 21 years. He is heralded as the founder of the science of international law alongside Francisco de Vitoria and Hugo Grotius, and thus known as the "Father of international law". Gentili has been the earliest writer on public international law. In 1587, he became the first non-English person to be a Regius Professor. Gentili authored several books, which are recognized to be among the most essential for international legal doctrines, yet that also include theological and literary subjects. Early life and family He was born into a noble family in the town of San Ginesio, Macerata, Italy. It has been conjectured that Gentili's mother might have been the source of his early love for jurisprudence, but it was his father, Matteo Gentili, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace Of Westphalia
The Peace of Westphalia (german: Westfälischer Friede, ) is the collective name for two peace treaties signed in October 1648 in the Westphalian cities of Osnabrück and Münster. They ended the Thirty Years' War (1618–1648) and brought peace to the Holy Roman Empire, closing a calamitous period of European history that killed approximately eight million people. Holy Roman Emperor Ferdinand III, the kingdoms of France and Sweden, and their respective allies among the princes of the Holy Roman Empire participated in these treaties.Clodfelter, Micheal (2017). ''Warfare and Armed Conflicts: A Statistical Encyclopedia of Casualty and Other Figures, 1492–2015.'' McFarland. p. 40. . The negotiation process was lengthy and complex. Talks took place in two cities, because each side wanted to meet on territory under its own control. A total of 109 delegations arrived to represent the belligerent states, but not all delegations were present at the same time. Two treaties were signe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eclecticism
Eclecticism is a conceptual approach that does not hold rigidly to a single paradigm or set of assumptions, but instead draws upon multiple theories, styles, or ideas to gain complementary insights into a subject, or applies different theories in particular cases. However, this is often without conventions or rules dictating how or which theories were combined. It can sometimes seem inelegant or lacking in simplicity, and eclectics are sometimes criticized for lack of consistency in their thinking. It is, however, common in many fields of study. For example, most psychologists accept certain aspects of behaviorism, but do not attempt to use the theory to explain all aspects of human behavior. Eclecticism in ethics, philosophy, politics and religion is also known as syncretism. Origin Eclecticism was first recorded to have been practiced by a group of ancient Greek and Roman philosophers who attached themselves to no real system, but selected from existing philosophical beliefs t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emmerich De Vattel
Emer (Emmerich) de Vattel ( 25 April 171428 December 1767) was an international lawyer. He was born in Couvet in the Principality of Neuchâtel (now a canton part of Switzerland but part of Prussia at the time) in 1714 and died in 1767. He was largely influenced by Dutch jurist Hugo Grotius. Vattel's work profoundly influenced the development of international law. He is most famous for his 1758 work ''The Law of Nations''. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of Frederick Augustus II of Saxony. Vattel combined naturalist legal reasoning and positivist legal reasoning. Early life and career The son of a Protestant minister, Vattel was born at Couvet, Neuchâtel, on the 25th of April 1714. He studied classics and philosophy at Basel and Geneva. During his early years his favorite pursuit was philosophy and, having carefully studied the works of Leibniz and Christian Wolff, he published in 1741 a defence of Leibn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christian Von Wolff
Christian Wolff (less correctly Wolf, ; also known as Wolfius; ennobled as Christian Freiherr von Wolff in 1745; 24 January 1679 – 9 April 1754) was a German philosopher. Wolff is characterized as the most eminent German philosopher between Leibniz and Kant. His life work spanned almost every scholarly subject of his time, displayed and unfolded according to his demonstrative-deductive, mathematical method, which perhaps represents the peak of Enlightenment rationality in Germany. Following Gottfried Wilhelm Leibniz, Wolff also wrote in German as his primary language of scholarly instruction and research, although he did translate his works into Latin for his transnational European audience. A founding father of, among other fields, economics and public administration as academic disciplines, he concentrated especially in these fields, giving advice on practical matters to people in government, and stressing the professional nature of university education. Life Wolff was b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pacta Sunt Servanda
''Pacta sunt servanda'', Latin for "agreements must be kept", is a brocard and a fundamental principle of law. According to Hans Wehberg, a professor of international law, "few rules for the ordering of Society have such a deep moral and religious influence" as this principle. In its most common sense, the principle refers to private contracts and prescribes that the provisions, i.e. clauses, of a contract are law between the parties to the contract, and therefore implies that neglect of their respective obligations is a violation of the contract. The first known expression of the brocard is in the writings of the canonist Cardinal Hostiensis from the 13th century AD, which were published in the 16th. Modern Jurisprudence In both civil law and common law jurisdictions, the principle is related to the general principle of correct behavior in commerce, including the assumption of good faith. While most jurisdictions in the world have some form of good faith within their lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Gentium
The '' ius gentium'' or ''jus gentium'' (Latin for "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it. The ''ius gentium'' is not a body of statute law nor a legal code, but rather customary law thought to be held in common by all ''gentes'' ("peoples" or "nations") in "reasoned compliance with standards of international conduct". Following the Christianization of the Roman Empire, canon law also contributed to the European ''ius gentium''. By the 16th century, the shared concept of the ''ius gentium'' disintegrated as individual European nations developed distinct bodies of law, the authority of the Pope declined, and colonialism created subject nations outside the West. Roman law In classical antiquity, the ''ius gentium'' was regarded as an aspect of natural law ''(ius naturale)'', as distinguished from civil law ''(ius civile)''. The jurist Gaius defined the ''ius gentium'' as wha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
