Introduction  Classical Greece (ie. From around the 6 th century BC to about the 3 rd century BC) has been very important to European thought  A love of knowledge, constant questioning & analysis of man and nature were common themes in Ancient Greece  This was spread throughout Europe by Greece and then by Rome (which adopted Greek culture and learning)  See Shaw at pp16-18 for more details

Ancient Greece  What was “ancient Greece”?  A civilisation based around Athens that lasted from approximately 8 th /6 th century BC – 600AD  The ancient Greeks belonged to an individual city-state (a polis)  Many treaties linked the city-states together  Rights were often granted to the citizens of the states in each other’s territories  Rules for protecting diplomatic envoys were developed  Rules regarding the declaration of war were developed  BUT there was no overall system of international law  Note: people who were non-Greek were viewed as ‘barbarians’ and were not entitled to the benefit of any of the Greek laws

Ancient Rome  What was “ancient Rome”?  A civilisation, centred on Rome, that lasted from approximately 510BC – 480AD  The Romans had great respect for the law and for organisation  The first Roman “laws” were established in the Twelve Tables around 439 BC – laws written on tablets and displayed in the Forum for all to read  The Twelve Tables came about because of the Plebians’ demands for a written code (so that magistrates wouldn’t apply the law arbitrarily)  Later, law was a means to unite and organise the various parts of the huge Roman Empire  Early Romans developed the jus gentium (which later became known as ‘the law of nations’), although originally it applied only to Roman citizens

Ancient Rome  Early Romans embraced “Natural Law”:  a body of rules of universal relevance  Rational and logical rules  Not restricted to any group – of worldwide relevance  Human powers of logic and deduction (reasoning) to be used to “discover” the law  This is the basis of modern international law

Ancient Rome continued…  The Roman laws were put together into the Corpus Juris Civilis in around 534 AD  This collating (bringing together of the laws) was ordered by Emperor Justinian I  After the fall of the Roman Empire, the Roman laws were largely forgotton until around the 11 th century – Italy, University of Bologna set up to study the body of Roman laws  Roman law became popular again – was introduced or adopted into virtually all European countries  Today: the civil law of Europe is heavily based on the ancient Roman law  Even the common law system of England was influenced: many terms in UK law are still Latin (from Rome)

The Middle Ages  What were “The Middle Ages”?  The period in European history from the 5 th to the 15 th century AD  From the fall of the Roman Empire until the beginning of the Renaissance & the Age of Enlightenment  This “middle” period is sometimes called “The Middle Ages”, sometimes “medieval”  The power of the Church in Europe increased  Religious laws gained importance (“canon law”)  In England, the Law Merchant was created  It was a code, applcable to foreign traders, of universal application (ie an international law of commerce)  Intellectual thought

The Renaissance  What was “The Renaissance”?  From the 14 th -17 th centuries  Began in Italy  Literally means “rebirth”  Return to classical Greek and Roman ideas  This period saw many important developments:  The invention of the printing press – a way to disseminate knowledge  The rise of the nation-states of England, France & Spain  An international community emerged  Decline of the Church, rise of ‘free-thinking’  Doctrine of ‘sovereignty’ emerged

The doctrine of ‘sovereignty’  What does this word mean?  “Supreme power or authority”  Supremacy of authority or rule as exercised by a sovereign or sovereign state.  The idea was first discussed by Jean Bodin ( ) in 1576  He said that there must be a sovereign power, within the state, to make laws; that sovereign power would be the supreme legislator  This idea, in time, gave states supreme power in relation to other states – each state was ‘above the law’

The founders of international law Natural law  Vitoria  War against the South American Indians – only for a ‘just cause’  Suarez  Gentili  Grotius  Just and unjust wars Positivists  Zouche  Bynkershoek  Vattel  See Shaw pp22-26

The 19 th century  International law became ‘Euroentric’  That means, focusing on European culture and history, to the exclusion of a wider view of the world  Democracy spread: individuals had a greater say in government  Nationalism: popular, especially with the unification of Germany and Italy  International law grew rapidly, international treaties and institutions also grew  International Committee of the Red Cross was foudned in 1863 (responsible for the ‘Geneva Conventions’ and the humanisation of conflict)

The 20 th century  The First World War : led to self-questioning  The League of Nations was established, headquarters in The Hague, but it mainly consisted of European powers (the USA and the USSR remained absent for most of the League’s existence)  The League of Nations failed to stop major conflicts from breaking out, ultimately it was a failure  Permanent Court of International Justice was established in 1921 (later the ICJ was established in 1946)

The 20 th century continued…  The Second World War ( ) led to the establishment of the United Nations (UN), the successor to the League of Nations  Headquarters in New York – a shift away from the previous centre of power (Europe)  Trends that began in the 19 th century continue today: a vast increase in the number of international agreements and customs, development of international organisations that have continued to contribute to development of international law