(A very brief) History of international law | LexIcon

Summary

This video script offers a concise history of international law, divided into five periods. It begins with the Peace of Westphalia in 1648, establishing state sovereignty, and continues through European dominance, the interwar period, and the establishment of the League of Nations and the United Nations. The Cold War and its end mark the transition to a multipolar world with new actors and challenges, such as international terrorism and environmental issues, leading to the specialization of law.

Takeaways

• 🕊️ The Peace of Westphalia in 1648 marked the beginning of the modern international system and introduced the concept of state sovereignty.
• 🌐 State sovereignty is the central concept in international law, signifying the ultimate authority to govern without outside interference.
• 🏛️ The period following Westphalia was characterized by European dominance, colonialism, and the spread of Christian faith influencing national laws.
• 🔄 The interwar period saw the establishment of the League of Nations in 1920, aimed at maintaining international peace and security, and the introduction of the Permanent Court of International Justice.
• 🌟 The League of Nations represented a shift towards multilateralism and the idea of settling disputes through negotiation rather than force.
• 💔 The failure of the League of Nations and the outbreak of World War II in 1939 highlighted the need for a more effective international organization.
• 🌍 The United Nations was established in 1945 as a successor to the League of Nations, with a stronger commitment to preventing the use of force in international relations.
• 📊 The Cold War, starting around 1947, was a period of geopolitical tension between the US and the Soviet Union, which also saw the beginning of decolonization and the increase in the number of independent states.
• 🏙️ The late 1980s marked the end of the Cold War and the breakup of the Soviet Union, leading to a more multipolar world with a greater number of international actors.
• 🔄 The post-Cold War era has seen a shift from classical bilateralism to multilateralism, with regionalization becoming more prominent in solving regional problems.
• 📚 The emergence of new legal challenges such as international terrorism, cybersecurity, and environmental issues has led to the development of new branches of law and greater specialization in the field.

Q & A

What are the five periods of international law history mentioned in the script?

The five periods are the Peace of Westphalia in 1648, the end of the First World War in 1918, the end of the Second World War in 1945, the end of the Cold War in 1990, and the period from the end of the Cold War up until the present.

What event is considered the beginning of the modern international system?

The Peace of Westphalia in 1648 is considered the beginning of the modern international system, as it marked the end of the 30 Years War and the establishment of state sovereignty.

What does the term 'state sovereignty' refer to in international law?

State sovereignty refers to the ultimate authority of decision-making over individuals living in a given territory, which is the right to govern without outside interference in political, legal, religious, or other aspects.

What was the primary aim of the League of Nations established in 1920?

The primary aim of the League of Nations was to maintain international peace and security.

What significant change in legal thinking did the establishment of the League of Nations represent?

The establishment of the League of Nations represented a shift from classical bilateralism towards multilateralism and the understanding that disputes should be settled through negotiations or other diplomatic means rather than the use of force.

What was the role of the Permanent Court of International Justice in the context of the League of Nations?

The Permanent Court of International Justice served as the judicial body of the League of Nations, contributing to the fundamental change in legal thinking by providing a means to settle disputes peacefully.

Why was the United Nations established in 1945?

The United Nations was established in 1945 as a successor to the League of Nations after the failure to prevent another war and to address the clear and strong belief that the use of force was completely unacceptable.

What is the principal judicial organ of the United Nations?

The principal judicial organ of the United Nations is the International Court of Justice.

What is the significance of the Cold War's end in the context of international law?

The end of the Cold War marked a shift in the balance of power, the emergence of new actors, and the transition from a bipolar world to a more complex, multilateral one with a focus on regionalization and the emergence of new legal challenges.

What are some of the new legal problems that have emerged in the post-Cold War period?

New legal problems that have emerged include international terrorism, cybersecurity, and environmental issues, which have led to the development of new branches of law to adapt to these challenges.

What trend is observed in the resolution of regional problems in the post-Cold War period?

There is a trend of regionalization, where regional problems are being addressed on a regional level, reflecting a shift from global to more localized approaches in international law.