Rewriting the History of the Law of Nations

2019 ◽  
Author(s):  
Paolo Amorosa
Keyword(s):  
International Law ◽  
The United States ◽  
League Of Nations ◽  
Equal Rights ◽  
Wars Of Religion ◽  
Global Power ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
History Of ◽  
Francisco De Vitoria

In the interwar years, international lawyer James Brown Scott wrote a series of works on the history of his discipline. He made the case that the foundation of modern international law rested not, as most assumed, with the seventeenth-century Dutch thinker Hugo Grotius, but with sixteenth-century Spanish theologian Francisco de Vitoria. Far from being an antiquarian assertion, the Spanish origin narrative placed the inception of international law in the context of the discovery of America, rather than in the European wars of religion. The recognition of equal rights to the American natives by Vitoria was the pedigree on which Scott built a progressive international law, responsive to the rise of the United States as the leading global power and developments in international organization such as the creation of the League of Nations. The book describes the Spanish origin project in context, relying on Scott’s biography, changes in the self-understanding of the international legal profession, as well as on larger social and political trends in US and global history. Keeping in mind Vitoria’s persisting role as a key figure in the canon of international legal history, the book sheds light on the contingency of shared assumptions about the discipline and their unspoken implications. The legacy of the international law Scott developed for the American century is still with the profession today, in the shape of the normalization and de-politicization of rights language and of key concepts like equality and rule of law.

Grotius, Dio Chrysostom and the ‘Invention’ of Customary ius gentium

Grotiana ◽  
2018 ◽  
Vol 39 (1) ◽  
pp. 15-44
Author(s):  
Francesca Iurlaro
Keyword(s):  
International Law ◽  
Rhetorical Strategies ◽  
Main Claim ◽  
Customary International Law ◽  
Dio Chrysostom ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
Normative Practice ◽  
History Of ◽  
Ius Gentium

This article tackles the issue of whether and how Hugo Grotius conceives of custom as a formal source of the law of nations. The main claim of it is that not only custom plays a fundamental role in Grotius’s thought, but that his reflections mark a fundamental turning point for the history of customary international law. A crucial role in this process of re-conceptualization is played by Grotius’s reading of Dio Chrysostom, whose oration On custom provides him with an integrated account of custom as a ‘normative practice’ based on rhetorical judgment (as opposed to the Scholastic interpretation of custom as reiteration of voluntary acts). Consequently, I argue that Dio Chrysostom’s text helps Grotius to transpose the question of the normative legitimacy of custom from a moral to an interpretative level. To conclude, I will show that Grotius adopts two different rhetorical strategies to prove the existence of customary norms of ius gentium.

The School of Salamanca

2011 ◽  
Author(s):  
Anthony Pagden
Keyword(s):  
Early Modern ◽  
International Law ◽  
Modern World ◽  
Law Of Nature ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
School Of Salamanca ◽  
The Law ◽  
Ius Gentium ◽  
Francisco De Vitoria

The members of the so-called School of Salamanca (or “Second Scholastic,” as it is sometimes called) were, for the most part, the pupils, and the pupils of the pupils—from Domingo de Soto and Melchor Cano to the great Jesuit metaphysicians Luís de Molina and Francisco Suárez—of Francisco de Vitoria, who held the Prime Chair of Theology at Salamanca between 1526 and his death in 1546. Although they are often described vaguely as “theologians and jurists,” they were all, in fact, theologians. In the early modern world, theology, the “mother of sciences,” was considered to be above all other modes of inquiry, and covered everything that belongs to what today is called jurisprudence, as well as most of moral and political philosophy, and what would later become the human sciences. This article focuses on the Salamanca theologians' discussion of the law of nature—the ius naturae—and of the law of nations (ius gentium), for which reason Vitoria has often been referred to (along with Hugo Grotius) as the “father of international law.”

A Short History of International Law

2018 ◽  
Author(s):  
Stephen C Neff
Keyword(s):  
International Law ◽  
Middle Ages ◽  
Natural Law ◽  
League Of Nations ◽  
Ancient World ◽  
Classical Period ◽  
Law Of Nations ◽  
History Of ◽  
The Law ◽  
History Of International Law

This chapter presents a brief history of international law. It proceeds chronologically, beginning with an overview of the ancient world, followed by a more detailed discussion of the great era of natural law in the European Middle Ages. The classical period (1600–1815) witnessed the emergence of a dualistic view of international law, with the law of nature and the law of nations co-existing (more or less amicably). In the nineteenth century—the least-known part of international law—doctrinaire positivism was the prevailing viewpoint, though not the exclusive one. For the inter-war years, developments both inside and outside the League of Nations are considered. The chapter concludes with some historically oriented comments on international law during the post-1945 period.

Appropriating Nature: Commerce, Property, and the Commodification of Nature in the Law of Nations

2014 ◽  
Vol 27 (3) ◽  
pp. 641-660 ◽  
Author(s):  
ILEANA PORRAS
Keyword(s):  
International Law ◽  
Common Good ◽  
Fundamental Rights ◽  
Urgent Task ◽  
Hugo Grotius ◽  
Law Of Nations ◽  
The Law ◽  
Commodification Of Nature ◽  
The Right ◽  
Francisco De Vitoria

AbstractThis article explores the structural link between international law's long-standing doctrinal commitment to commerce and its inability to act decisively on behalf of the environment. One of the fundamental rights the early authors of jus gentium discovered was the right to engage in commerce. Francisco de Vitoria, Alberico Gentili, and Hugo Grotius each drew on and applied a providentialist theory of commerce. The doctrine held that Providence distributed scarcity and plenty across the earth so that peoples could not be self-sufficient, but would need to go in search of one another in order to acquire what they lacked. Commerce imagined in its pure form of reciprocal, mutually beneficial exchange would be the means to bring separated mankind to friendship. The embrace of the providentialist doctrine by these early exponents of the law of nations, carried forward by Emer de Vattel, set the stage for international law's longstanding commitment to international commerce, viewed (despite all the distortions) as a virtuous activity that tends to the common good. The doctrine's additional legacy was the installation of a view of nature as commodity. The providentialist doctrine of commerce, adopted by the early authors of international law, remains embedded in the structure of international law and cannot easily be dislodged. Until this doctrine is dislodged, however, international law will continue to be hobbled in its ability to address the urgent task of protecting the natural environment.

I

1986 ◽  
Vol 80 (4) ◽  
pp. 896-901 ◽  
Author(s):  
Manfred Lachs
Keyword(s):  
International Law ◽  
The United States ◽  
Second World War ◽  
World War ◽  
International Court Of Justice ◽  
International Court ◽  
History Of ◽  
American Society ◽  
Second World ◽  
Shed Light

To write of Philip Jessup means to survey the history of the teaching of international law in the United States throughout the last half century; to cover all important events concerning the birth of international organizations on the morrow of the Second World War; to visit the halls of the General Assembly and the Security Council; to attend meetings of the American Society of International Law and the Institute of International Law, where he so frequently took the floor to shed light on their debates; to attend sittings of the International Court of Justice in the years 1960-1969. I could hardly undertake this task; there are others much more qualified to do so. What I wish to do is to recall him as a great jurist I knew and a delightful human being; in short, a judge and a great friend whom I learned to admire.

The Cambridge History of America and the World

2021 ◽  
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
Military Power ◽  
American Empire ◽  
Global Power ◽  
Cultural Terms ◽  
The World ◽  
Fourth Volume ◽  
History Of

The fourth volume of The Cambridge History of America and the World examines the heights of American global power in the mid-twentieth century and how challenges from at home and abroad altered the United States and its role in the world. The second half of the twentieth century marked the pinnacle of American global power in economic, political, and cultural terms, but even as it reached such heights, the United States quickly faced new challenges to its power, originating both domestically and internationally. Highlighting cutting-edge ideas from scholars from all over the world, this volume anatomizes American power as well as the counters and alternatives to 'the American empire.' Topics include US economic and military power, American culture overseas, human rights and humanitarianism, third-world internationalism, immigration, communications technology, and the Anthropocene.

Historical Landmarks in the Hundred Years’ War on Palestine

2017 ◽  
Vol 47 (1) ◽  
pp. 6-17 ◽  
Author(s):  
Rashid I. Khalidi
Keyword(s):  
United States ◽  
Security Council ◽  
The United States ◽  
League Of Nations ◽  
Historical Documents ◽  
Hundred Years War ◽  
The Past ◽  
Un Security Council ◽  
History Of ◽  
Modern Era

This essay argues that what has been going on in Palestine for a century has been mischaracterized. Advancing a different perspective, it illuminates the history of the last hundred years as the Palestinians have experienced it. In doing so, it explores key historical documents, including the Balfour Declaration, Article 22 of the Covenant of the League of Nations, and UN Security Council Resolution 242, none of which included the Palestinians in key decisions impacting their lives and very survival. What amounts to a hundred years of war against the Palestinians, the essay contends, should be seen in comparative perspective as one of the last major colonial conflicts of the modern era, with the United States and Europe serving as the metropole, and their extension, Israel, operating as a semi-independent settler colony. An important feature of this long war has been the Palestinians' continuing resistance, against heavy odds, to colonial subjugation. Stigmatizing such resistance as “terrorism” has successfully occluded the real history of the past hundred years in Palestine.

The Use of Vattel in the American Law of Nations

2012 ◽  
Vol 106 (3) ◽  
pp. 547-571 ◽  
Author(s):  
Brian Richardson
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
International Peace ◽  
Founding Fathers ◽  
Law Of Nations ◽  
American Law ◽  
History Of ◽  
The Law ◽  
History Of International Law

Although careful scholarly treatment of the history of international law is now thriving, within U.S. courts that history now begins with one eighteenth-century treatise published in Neuchâtel, Switzerland, in 1758 and published in translation for modern readers under the aegis of the Carnegie Endowment for International Peace in 1916. This treatise is Emer de Vattel’s Droit des gens ou principes de la loi naturelle, appliqués à la conduite et aux affaires des nations et des souverains. My aim in this article is to appraise the elevation of Vattel to vaunted originalist heights in U.S. law. The claim that Vattel’s theory of the law of nations completely represents how the Founding Fathers (Founders) understood the law of nations should be rejected as a matter of history.

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