Public International Law
Public International Law Notes
LAWS 6243
1. History of International Law a. Ancient: Egypt, Mesopotamia, Greece & Rome b. Middle ages: authority of Church commencement of political divisions that would become States. c. Renaissance: State as sovereign competition between States. d. Early Theories: i. Spanish philosophers central to theory ii. Vitoria: 1480-1546 1. theory of natural law: law divine from source 2. first mention of ‘just war’ iii. Grotius: considered founder of international law 1. promises must be adhered to 2. freedom of the seas 3. restitution for harm 4. just and unjust wars e. Classical Period: 1648-1500 i. Positivist theories ii. Law as sovereign command iii. Emphasis on state behavior iv. Vattel, Austin, Hart f. International Organizations: i. League of nations ii. International postal union iii. Permanent court of ICJ iv. UN v. WTO vi. IMF vii. ILO g. Enforcement of IL i. Mostly observed ii. Reciprocity: Air Services Case iii. Int. tribunals iv. Trade sanctions and trading interests h. Modern theories i. Franck: Legitimacy 1. “The quality inherent in a rule that derives from a perception from those to whom it is addressed that it has validity” ii. McDougall, Laswell, Resiman (NH): 1. Analyses of the behavior of states 2. consider international laws to be an amalgam of decision-making i. New Stream i. Kennedy, Koskenniemi & Carty: 1. Suggest that by analyzing the discourse and language of international law and international lawyers to discern common values that are described as law.
LAWS 6243
1. History of International Law a. Ancient: Egypt, Mesopotamia, Greece & Rome b. Middle ages: authority of Church commencement of political divisions that would become States. c. Renaissance: State as sovereign competition between States. d. Early Theories: i. Spanish philosophers central to theory ii. Vitoria: 1480-1546 1. theory of natural law: law divine from source 2. first mention of ‘just war’ iii. Grotius: considered founder of international law 1. promises must be adhered to 2. freedom of the seas 3. restitution for harm 4. just and unjust wars e. Classical Period: 1648-1500 i. Positivist theories ii. Law as sovereign command iii. Emphasis on state behavior iv. Vattel, Austin, Hart f. International Organizations: i. League of nations ii. International postal union iii. Permanent court of ICJ iv. UN v. WTO vi. IMF vii. ILO g. Enforcement of IL i. Mostly observed ii. Reciprocity: Air Services Case iii. Int. tribunals iv. Trade sanctions and trading interests h. Modern theories i. Franck: Legitimacy 1. “The quality inherent in a rule that derives from a perception from those to whom it is addressed that it has validity” ii. McDougall, Laswell, Resiman (NH): 1. Analyses of the behavior of states 2. consider international laws to be an amalgam of decision-making i. New Stream i. Kennedy, Koskenniemi & Carty: 1. Suggest that by analyzing the discourse and language of international law and international lawyers to discern common values that are described as law.