Hukum Internasional - Pertemuan 3 (Fokus Materi: Sejarah Perkembangan HI)

Summary

This lecture explores the history and evolution of international law, from the classical to the modern era. It examines key historical milestones, including the contributions of ancient civilizations like India, Greece, Rome, and Islam, along with pivotal events such as the Treaty of Westphalia and the rise of international organizations. The lecture emphasizes the development of legal principles, such as the law of nations, and the increasing role of treaties and international agreements. The progression of international law is framed within the context of global changes, such as the emergence of modern nation-states and technological advancements.

Takeaways

• 😀 The history and development of international law is divided into two main periods: classical and modern.
• 😀 Classical international law was based on the concept of 'law of nations,' whereas modern international law evolved with the rise of modern states.
• 😀 International law emerged from customary practices recognized universally, which were later formalized into legal principles.
• 😀 Ancient civilizations such as ancient India, Jewish culture, Greek city-states, and Roman law contributed significantly to the development of international law.
• 😀 Ancient India contributed to diplomatic law, while Greek city-states were the origin of international law as we know it.
• 😀 The Roman Empire played a major role in spreading the concept of international law, although it didn’t experience much development due to the dominance of one empire.
• 😀 During the medieval period, both the Byzantine Empire and the Islamic world made substantial contributions, especially in diplomacy and the law of war.
• 😀 The Peace of Westphalia in the 17th century was a pivotal moment in international law, marking the end of European wars and the establishment of the modern state system.
• 😀 Hugo de Groot (Grotius) was a key figure in international law, contributing significantly to the development of the law of war and peace.
• 😀 In the 19th and 20th centuries, international law expanded with the formation of international organizations like the International Court of Justice, the United Nations, and other global treaties.
• 😀 The rapid advancement of technology and the formation of new international legal frameworks have continuously shaped international law, particularly in areas such as nuclear regulation, air law, and the law of the sea.

Q & A

What are the two main eras of international law discussed in the lecture?

The two main eras of international law discussed in the lecture are the Classical Era and the Modern Era.

How did classical international law differ from modern international law?

In classical international law, it was often referred to as the 'Law of Nations' and focused on customary international practices. In the modern era, international law evolved to be more formalized, especially with the emergence of modern nation-states, and began to be referred to as 'International Law'.

What was the significance of the Treaty of Westphalia in the history of international law?

The Treaty of Westphalia, signed in 1648, ended the Thirty Years' War in Europe and marked the beginning of the modern international order. It established the principle of state sovereignty and laid the foundation for the modern nation-state system.

What was Hugo de Groot's contribution to the development of international law?

Hugo de Groot, also known as Grotius, contributed significantly to international law with works like 'De Jure Belli ac Pacis' (The Law of War and Peace), which laid the groundwork for modern concepts of war, peace, and the rights of states, as well as the principle of free seas in 'Mare Liberum'.

How did the concept of natural law influence international law during the 18th century?

During the 18th century, natural law, which held that law is based on rational human nature and is universally applicable, was a dominant philosophical influence on international law. However, this influence began to decline with the rise of legal positivism, which focused more on written laws and treaties.

What is the difference between natural law and positivism in the context of international law?

Natural law is based on universal principles that are inherent to human nature and reason, while positivism focuses on laws that are written, agreed upon, and recognized by states through treaties and agreements.

What role did the Roman Empire play in the development of international law?

The Roman Empire contributed to the development of international law by spreading the concept of 'pacta sunt servanda' (agreements must be kept) and by influencing the development of legal concepts like occupation and the treatment of prisoners of war, which would later be important in international law.

What is the significance of the Permanent Court of Arbitration (PCA) and the International Court of Justice (ICJ)?

The Permanent Court of Arbitration (PCA), established in 1899, and the International Court of Justice (ICJ), formed later, play crucial roles in the peaceful resolution of disputes between states. The ICJ is the principal judicial organ of the United Nations, and the PCA facilitates arbitration in various types of international disputes.

What impact did the rise of international organizations have on international law in the 20th century?

The rise of international organizations, such as the United Nations, the International Labour Organization (ILO), and others, greatly expanded the scope of international law. These organizations have been pivotal in shaping global norms on human rights, environmental protection, and conflict resolution.

How has technology influenced the development of international law?

Technological advances, particularly in areas like space exploration and nuclear technology, have significantly influenced international law. New legal frameworks, such as the 1982 United Nations Convention on the Law of the Sea (UNCLOS), regulate activities in these domains, while international laws are being updated to address emerging technologies like cyber warfare.