Page 189 - Encyclopedia Of World History Vol III

1008 berkshire encyclopedia of world history

Hugo de Groot (Grotius):
Father of International Law

The Dutch diplomat Hugo de Groot (1583-
The Emergence of Modern 1645), who wrote under the Latin name Grotius,
International Law is often called the father or founder of interna-
Most scholars explain that “modern” international law tional law.
emerged in Europe at the time of the Renaissance and Grotius’s 1625 work De Jure belli ac pacis (On
Enlightenment through the Peace of Westphalia, which the Law of War and Peace) is acknowledged as the
ended the Thirty Years War (1618–1648) and gave formal first treatise in international law. Grotius con-
recognition to the sovereign state system. This treaty- tended that natural law—a rule or body of rules
based system was designed, in part, to allow Catholic and of conduct inherent in human nature and essen-
Protestant states to coexist in Europe. International law tial to or binding upon human society—pre-
became necessary to confirm the boundaries among these scribes rules of conduct for nations as well as for
states and to bring some order to their dealings with each private individuals. He derived much of the spe-
other. Countries accepted the doctrine of pacta sunt ser- cific content of international law from sources as
vanda (treaties are to be observed), now a fundamental diverse as the Bible and classical history. Grotius’s
principle of international law, and established some seminal work begins with an inquiry into the law-
machinery for the settlement of disputes. During the years fulness of war.Although he did not condemn war
that followed, citizen participation in government grew in as an instrument of national policy, Grotius main-
England and then in France through the French Revolu- tained that it was criminal to wage war except
tion. As monarchies crumbled, individuals, corporations, when three criteria could be met: (1) the danger
nongovernmental organizations, and international organ- faced by the nation going to war is immediate;
izations emerged as part of the international legal system. (2) the force used is necessary to adequately
The Final Act of the Congress of Vienna (1815), signed defend the nation’s interest; and (3) the use of
by Austria, France, Great Britain, Portugal, Prussia, Rus- force is proportionate to the threatened danger.
sia, and Sweden, which formally ended the Napoleonic
Benjamin S. Kerschberg
Wars, was another significant event, because it created a
system of political and economic cooperation in Europe
and also articulated governing norms of international
law. Among the principles that emerged from this Con- had also been reached on the important goals of stop-
gress was a set of rules governing diplomatic protocol, a ping piracy and slavery.
condemnation of the slave trade, the principle of free nav-
igation (not only for the riparian states but for all states) The Laws of Armed Conflict
on the major rivers of Europe, and the neutrality of Swit- War was still viewed by many as an acceptable instru-
zerland.Treaties, both bilateral and multilateral, began to ment of foreign policy, but the dramatic increase in de-
cover a wide range of topics, supplementing and some- structive weaponry resulting from the industrial revolu-
times replacing custom as a source of law. tion caused many to realize that some constraints were
During the period of colonial expansion that took needed on the use of force. Major international meetings
place in the last half of the nineteenth century, the con- were called, the most significant being the 1899 and
cepts of international law that had been utilized in Eur- 1907 Hague Conferences, which were designed to cod-
ope and the West were introduced into Asia by the West- ify the laws of armed conflict and establish limits on cer-
ern powers. Western international law was then even tain types of military activities.The growth of daily news-
more primitive than it is today. No global institutions papers in the industrialized countries had the effect of
existed, and only a few special-purpose regional organi- allowing common citizens to participate more fully in
zations had been created. Some topics—such as diplo- policy decisions, and led, in many countries, to a democ-
matic immunity—were fairly well defined, and consensus ratization of international politics.