History of international law (2) / international law in 19th century S2 Flashcards
(10 cards)
Explain the role of international law during the Age of Exploration
Age of Exploration: legal scholars debated the rights of indigenous peoples
Explain legal scholar Francisco de Vitoria’s perspective about international law
Francisco de Vitoria argued that indigenous people were human and war against them needed strict justification
Explain legal scholar Hugo Grotius’ perspective about international law
Hugo Grotius: emphasized laws governing war and diplomacy
Explain what is the Peace of Westphalia?
Peace of Westphalia: a treaty that established state sovereignty, reducing the influence of religious and imperial powers
Explain which movement became dominant and influenced international law during the 19th century
Positivism (law from state consent) became dominant; international organizations and treaties (e.g., Hague Conventions) emerged to regulate war and diplomacy
Explain what the League of Nations is
After WWI the League of Nations was created to prevent war; it led to the establishment Permanent Court of International Justice
Explain what the United Nations (UN) is
After WWII the United Nations (UN) replace the League of Nations, promoting peace, sovereignty and human rights. It introduced the UN Charter: binding rules against war
Explain what the Nuremberg Trials is
Nuremberg Trials: legal and moral foundation for holding individuals and States accountable under international law for serious crimes
Explain what the Modern Era of international law is in the 19th century
Modern Era: new institutions like the IMF, World Bank, NATO, and the EU developed to support economic and political cooperation and uphold international law
Explain if there is a good separation of powers in international law
There is no good separation of powers (such as “trias politica”) in international law: States are both the legislative and executive branch
