国际法CHAPTER 1.ppt

INTERNATIONAL LAW CHAPTER 1 INTRODUCTION TO INTERNATIONAL LAW 1. 1 CONCEPT OF INTERNATIONAL LAW A. Terms once were used to describe International Law a. Jus Gentium, first used by Hugo Grotius (1583-1645) b. International Law, first used by Jeremy Bentham (1748-1832) c. Law of Nations d. Law of Mankind e. World Law f. Transnational Law B. International law is commonly used to describe the whole system of rules that regulate the relationship between/among states, international organizations, and other international legal persons. 1.2 Nature and Role of International Law 1. Characteristics of International Law: Compared with Municipal Law A. Subjects (legal persons) B. Law-making process C. Law enforcement 2. International Law: Law or Ethics, Hard Law or Soft Law? 3. Naturalism v. Positivism A. Naturalism=Idealism B. Positivism=realism 1.3 History and Development of International Law 1 Early origins 2 The Middle Ages and the Renaissance 3 The establishment of modern international law Hugo Grotium, father of international law. Primary work was De Jure Belli ac Pacis. He strongly proclaimed principle of freedom of sea. 4 Current international law The features of current international law: a. The scope of subject is greatly enlarged b. Areas of international law reach out c. Rules of international law become more and more detailed. d. The making and enforcement of international law have been strengthened. Father of International Law “God has given conscience a judicial power to be the sovereign guide of human actions. English Philosopher and Jurist Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do as well as to determine what we shall do.? On the one hand, the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. American Missionary