Summary: International Law | 9780192848260 | Gleider Hernández

Read the summary and the most important questions on International Law | 9780192848260 | Gleider Hernández

• 1 The history and nature of International law

• 1.1 Introduction

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• Law has played an important role in human societies. Law lays out?

  1. Rules according to witch societies can fulfill there their values and aspirations.
     
  2. Provides the framework through which that society will be governed.

• The place of actors through law are officials. These actors are?

  Legislatures, courts and the police with powers tot change interpret of enforce the rules of the system.

• Why it is worthwhile studying IL history?

  The purposes of IL shifted over time in line with political and social developments.accordingly the underlying ideas and assumptions about the role of law in international society evolved.

• What marks the start of modern International Law?

  The Peace of Westphalia, the name for several treaties signed at Munster and Osnabrück in 1648.

• 1.2 The origins of modern IL

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• The peace of Westphalia thesis has been argued for?

  That the Westphalia thesis focuses unduly on the conceptual basis for International law and not non the daily activities governed bij international law - such as treaties, embassies, claims tot jurisdiction or immunity.

• Under the peace of Westphalia each State and in particular the thousands of smaal entities wicht made up the Holy Roman Empire would henceforth be free to choose for?

  Which religion to adopt cuius regio emus religion (whose realm, his religion).

• Under the peace of Westphalia and the freedom to choose which religion to adopt the European States were now considered as equal and sovereign in there relations with one another, without external interference unless consent was expressly given, usually bij treaty’s. The concept of sovereignty was not new, it was borrowed from?

  Jean Bodin’s theory of absolute sovereignty in the sixteenth century, according to which a sovereign would not be bound bij the laws he himself instituted, but only the laws of God and of nature.

• Which rule had been embodied in 1555?

  The rule on non-interference in the Peace of Augsburg.

• What was established in Westphalia?

  The characterization of the State as an organized territorial entity capable of guarenteeing its commitments. One of the first modern instances of conscious,
  multilateral ordering through law in Europe.

• 1.2.1 The Peace of Westphalia (1648)

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• The peace of Westphalia is the conceptual starting point of modern IL in the European State system. How did it spread around the world, the reason for the basis foundations today?

  Through European colonialism.