"Truth is that international law is neither a myth on the one hand, nor a panacea on the other, but just one institution among others which we can use for building of a better international order" (J. Brierly, The law of nations, Oxford 1995). Law is a system of rules that is kept and enforced through a set of institutions (wikipedia.en, definition of Robertson). So international law is such a system but at an international level. The notion of "international law" is about several kinds of law. There is the private international law also called the conflict of laws, which deals with conflicts in private law but at international level, for instance when there is a problem to define which domestic law must be applied in some cases, often about economy and trade. The international law is also, and overall, the public international law and the law of supranational organizations, we often talk about "transnational law" for both.
[...] Bibliography - AUST, Anthony, Handbook of International Law, Cambridge University Press - BROWNLIE, Ian, Principles of public international law, Oxford, 6th edition - CARREAU, Dominique, Droit international, 8ème édition, A. Pedone, Paris - LEGOHÉREL, Henri, Histoire du droit international public, PUF, Paris, 1996. [...]
[...] The Romans are a great example of early international law. As we know, Ancient Rome is a symbol of the law, lawyers have always been influenced by the Roman law. Rome was the first state to apply specific rules in its relationships with other states, for instance their law of peace and war. We owe Romans the use of treaties in international relations and the principle of “pacta sunt servanda” put forward by the Vienna Convention about treaties in 1969. [...]
[...] Finally, Grotius greatly contributed to the development of international law at several levels: the law of sea with his book Mare Liberum, he recognized the primacy of natural law on voluntary law, and he published in 1625 a work about the law of war and peace, De jure belli ac pacis. In 1648, the Peace of Westphalia ended the Thirty-Years war, but this treaty is above all important because he marked the appearance of the modern state in Europe and of the concept of sovereignty. Because of that, the international law had basis to develop and increase its importance. [...]
[...] The diversity of subjects in international law is a reflection of the complexity of the today world. However, states remain the main subject confronted to international jurisdiction. Conclusion To conclude it appears that first practices resembling international law can be found in Antiquity with the Greeks, the Romans and the Christians (city-states in Greece, Roman Empire) and in the Middle Ages. But, the real roots of modern international law come from the Renaissance with the creation of modern state and the evolution during the 20th century. [...]
[...] What is international law ? How long can we speak about it ? Which are the principles and the subjects of international law ? The international law is a product of History, it always exist, even if its forms changed with the time. To understand what is international law we need to explain the development of the law of nations throughout the centuries, we are going to study it since Antiquity from nowadays. We also need to define precisely what is international law, in what extent it is different from domestic law. [...]
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