“ Definition, origin and historical development of International law”
Submitted to : Prof. Tanveer Zia Butt
Submitted by :[Link] Khan
Introduction
The relations among the states, international agencies and most likely individuals are currently
anchored to the international law. The rules according to which the behaviour of nations is
governed; particularly concerning issues like sovereignty, war, diplomacy, violation and
safeguarding of human rights as well as the environment have become the most essential in the
contemporary world in view of the fact that the world is gradually globalizing and is increasingly
becoming interdependent. Another area which has experienced a great development over the
centuries is the International law with the hopes of staying in trend with the dynamics of
international politics.
The assignment will argue on the meaning of international law, the basis of this law and the
history of international law since the ancient and up to this present time. It aims at providing a
detailed account about the growth of international law to become a complex and written set of
treaties and conventions and legalities that once were a set of customs and norms of different
empires and different tribes to which the international law initially owed its existence to.
Definition
The law of nations or the law of peoples (international law) is a system of rules of conduct, and
principles of the relations and dealings between nations, and between them and individuals. It
also covers the rights and responsibilities of international bodies as well as, in more and more
cases, individuals and multinational firms.
The classical definition of international law according to the jurist Lassa Oppenheim is as
follows:
“Law of Nations or International Law is the name for the body of customary and conventional
rules which are considered legally binding by civilized states in their intercourse with each
other.”
This definition reflects a traditional, state-centric view of international law, emphasizing the role
of states as the primary subjects and international legal norms as arising from customs and
treaties agreed upon by these states.
On the other hand,the modern definition of international law reflects its expanded scope, the
inclusion of non-state actors, and the growing influence of international institutions and human
rights. A commonly accepted modern definition is as follow :
“International law is a body of legal rules, norms, and standards that governs the relations
between and among states, international organizations, and, in some cases, individuals, and
other non-state actors. It encompasses treaties, customary international law, general principles
of law, and decisions of international courts and tribunals.”
This introduction of the meaning of international law to non-state actors, such as non-
governmental organizations, multinational corporations, and individuals, is a form of significant
evolution of international law with its overtones of state-centric foundations.
Branches of International law
Commonly, there are two branches of international law:
1. Public International Law- a law governing the relations amongst international bodies and
sovereign states.
2. Private International Law (or Conflict of Laws) - addresses the problems of cross jurisdiction
in private law, including business contracts and marriages, family law.
The public international law has a number of sub-fields, such as:
● Law of treaties
● International laws of war (International humanitarian law)
● Rights to international human laws
● International law of crimes
● Environmental law
● Law of the sea
Origin of International Law
The history of international law started with the earliest mesopotamian, Egyptian, India, Chinese
and Greek civilizations where crude codes governed wars, diplomacy and trade. Although these
early forms were not codified in a contemporary meaning, they formed the basis on which legal
norms came up in the relationship between states.
1. Ancient civilizations in North East
The ancient Sumerian, Babylonian and Hittite civilizations indicate that people had treaties and
agreements between rulers. Treaty of Kadesh (c.1259 BCE) which was signed between
Ramses II of Egypt and Hattusili III of Hittite Empire is commonly regarded as one of the ancient
known international treaties.
2. Ancient India and China
Arthashastra was written in the field of diplomacy, war and inter-state relationships. On the
same note, Confucian and Legalism in ancient China were about harmony between states and
ritual and moral order.
3. Greek and Roman contributions
The inhabitants of Greece and Rome made provisions on behalf of their own society.
The Greek city-states possessed a system of treaties and alliances, as well as rules of the war,
specifically expanded with the help of leagues, e.g., the Delian One. Another important
contribution of the Roman Empire to international law is the “Jus Gentium (law of nations)”that
brought together foreigners and rested on common principles between different peoples.
4. Medieval Period and the Church
Catholic Church was at the center of development of legal systems in medieval Europe. The
canon law did not only govern issues concerning the church but also affected the Christian
monarchs. The just war (bellum justum) as developed by St. Augustine and subsequently St.
Thomas Aquinas attempted to set out a moral and legal justification of waging war which was an
early experiment at humanitarian law.
History of development of International Law
The evolution of the international law may be roughly divided into five periods:
1. Pre westphalia
Before the treaty of Westphalia, the theme of international relations was centered on empires
and religious leadership as well as feudalism. There was no written agreement as the basis of
legal norms except religion and custom. This lack of sovereign equality restricted the
possibilities of international law as we are used to today.
Peculiarities of this epoch
Following were distinctive features of international law in this era .
● Restrictive interpretation of a state sovereignty.
● The Supreme sole authorities: the Pope and Emperor.
● Employment of dynastic marriage and religion to define international relations.
2. The Westphalian System and the emergence of the modern International Law
The Treaty of Westphalia (1648) that ended the Thirty Years War in Europe, is regarded as the
ordinance of the modern state system, and, therefore, of modern international law. It added the
principle of state sovereignty and non-intervention, which are the foundation of the international
legal order.
Emergence of international legal scholars
International legal scholars also emerged as well in the 17 th century including:
Hugo Grotius
The father of international law, Hugo Grotius is the author of De Jure Belli ac Pacis (On the Law
of War and Peace), in which he promotes the ideas of the natural law and the just war.
Emer de Vattel
His treatise, The Law of Nations, highlighted the topics of state sovereign and the balance of
[Link] law was extended to new horizons through his works. Some of the novelties
introduced by him were following:
● Laws of war and diplomatic immunity were put in order.
● There has been development of maritime law especially in matters relating to navigation
and trade.
● Customary law started to be admitted and embraced by nations.
3. The 19th Century and The era of Codification
The 19th century witnessed efforts to codify the international law which had been boosted by
the Congress of Vienna and other European conferences. It is also during the period that
there was the growth of the European colonial empires whose presence had mixed effects
because the empires diffused the legal norms around the world as they also tended to
undermine the sovereignty of non-European states.
Key developments of 19th century
The key developments of 19th century regarding International Law were followings :
● Weight of balance of power by establishing Concert of Europe.
● The establishment of the older international institutions such as the International
Telegraph Union and the Universal Postal Union .
● Henri Dunant founding the first Geneva Convention (1864), the basis of the international
humanitarian law.
● Development of mechanisms of arbitration and peacefully resolving disputes.
This period reached its peak with the Hague Conventions (1899) and (1907) that laid down
rules of war and came up with a Permanent Court of Arbitration.
4. League of Nations and Interwar Period
The carnage of World War One encouraged the attempts to turn peace into an institutionalized
norm and deter wars. The League of Nations- the Navigating body of international organizations
especially set up to sustain universal harmony and peace was established as a result of the
Treaty of Versailles in 1919.
In a way leading to failure but presenting some valuable precedent, the League also succeeded
in initiating the inclusion of following in the domain of international law.
● Recognition of right to minority.
● Colonial arrangement Former colonies.
● New subjects such as new methods of warfare (aerial) and disarmament were codified.
The interwar years also witnessed the creation of the Permanent Court of International
Justice ( PCIJ ) which has been the precursor to the current International Court of Justice
( ICJ ).
5. The Contemporary Era
The United Nations (UN) that was formed in 1945 was a breakthrough in the legal space. The
UN Charter was the first framework to be a comprehensive source of international law that
called for peace, human rights, economic development, and decolonization.
Distinctive features of this era
Some of the defining features of this era were following.
● The establishment of the International Court of Justice, (ICJ) as the most important UN
judicial organ.
● Acceptance of the Universal declaration of human rights (1948).
● Development of the international criminal law: Nuremberg and Tokyo Tribunals,
contribution to the creation of the International Criminal Court (ICC) in 2002.
● The growth of treaty law and especially in such spheres as:
○ Environmental protection (e.g. Kyoto protocol, Paris agreement)
○ Trade e.g. WTO framework
○ Disarmament (e.g. Treaty on the Non Proliferation of Nuclear Weapons)
Conclusion
The conceptualization, creation and historical evolution of the International law demonstrates a
field that has been influenced by transformation of political reality, philosophy and innovation of
law. International law has evolved since the primitive treaties of the primitive civilizations to
some powerful legal framework of the United Nations system to meet the ever increasing
demands of the world that has been interconnected.
Even with the current complications like the issue of enforcement, the state sovereignty, and the
geopolitical power struggle, the international law is still a crucial instrument in the regulation of
international behavior, strengthening of human dignity, and managing peaceful coexistence
among the states. The significance of international law in creating a just, as well as a
sustainable, world is increasingly valued as the world crises, including wars and climate crisis,
do not know national [Link] is required now, more than ever, to make this law binding on
all and represent the will of people from all across the world and not just the old bipolar division
of world . It is only through making this law practical and inclusive that we can prevent the
looming crisis facing humanity.
References
1. Oppenheim, L. (1905). International Law: A Treatise. Longmans, Green, and Co.
2. Grotius, H. (1625). De Jure Belli ac Pacis (On the Law of War and Peace).
3. Vattel, E. (1758). The Law of Nations.
4. Shaw, M. N. (2021). International Law (9th ed.). Cambridge University Press.
5. Cassese, A. (2005). International Law. Oxford University Press.
6. Brownlie, I. (2008). Principles of Public International Law (7th ed.). Oxford University Press.
