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The History and Nature of International Law.ppt

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Public International Law I LAW 510 The History and Nature of International Law Ancient Worlds ã The ambiguity of the term „international law‟ leads to various different answers to the question of when international law „began.‟ ã If by „international law‟ is meant merely the ensemble of methods or devices which give an element of predictability to international relations (as in the silent-trading illustration), then the origin may be placed as far back
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  Public International Law I LAW 510 The History and Nature of International Law  Ancient Worlds ã The ambiguity of the term „international   law‟  leads to various different answers to the question of when international law „began . ‟   ã If by „international   law‟  is meant merely the ensemble of methods or devices which give an element of predictability to international relations (as in the silent-trading illustration), then the srcin may be placed as far back as recorded history itself. ã If by „international   law‟  is meant a more or less comprehensive substantive code of conduct applying to nations, then the late classical period and Middle Ages was the time of its birth.  ã If „international   law‟  is taken to mean a set of substantive principles applying uniquely to states as such, then the seventeenth century would be the starting time. ã If „international   law‟  is defined as the integration of the world at large into something like a single community under a rule of law. Then the nineteenth century would be the earliest date. ã If „international   law‟  is understood to mean the enactment and judicial decisions of a world government, then its birth lies (if at all) somewhere in the future-and, in all likelihood, the distant future at that.  Ancient Greece ã  Ancient Greece adopted two institutions from oriental civilization: (1) the technique of treaties and (2) the art of diplomacy. ã  Added two on its own (1) international arbitration and (2) proxeny (state hospitality) which is the srcin of consular protection of foreigners. ã Religious considerations such as (1) war should be avoided (2) soldiers killed in battle were entitled to a burial (3) prisoners were to be ransomed and exchanged or slaved but not killed. ã Not considered „law‟  but they were set of rules for the proper conduct of relations between Greek  polis  to describe the political organization of cities.
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