Hakikat Mengikat dan Berlakunya Hukum Internasional - Teori Hukum Alam

Indonesian Center for International Law UNPAD

22 Aug 202021:04

Summary

TLDRThe video discusses the essence and foundations of international law, emphasizing its significance in regulating relationships among nations and individuals. It explores various theoretical perspectives on international law, referencing prominent thinkers like Thomas Hobbes and the development of legal principles post-Westphalia. The lecture highlights the interplay between national and international laws, the importance of sanctions, and the universal nature of legal systems, while also addressing the challenges faced by developing nations in adhering to international standards. Overall, it underscores the necessity for a cohesive legal framework to ensure global cooperation and prosperity.

Takeaways

😀 The discussion emphasizes the significance of international law in maintaining order among nations and individuals.
😀 Various theories of international law were mentioned, highlighting differing perspectives on its origins and applications.
😀 The concept of legal positivism was introduced, focusing on laws created by sovereign authorities.
😀 International law is seen as essential for the regulation of behavior between states and for ensuring justice on a global scale.
😀 The historical context of international law, including the Peace of Westphalia in 1648, was identified as a pivotal moment in its development.
😀 The necessity for sanctions in international law to ensure compliance and enforceability was discussed.
😀 Multiple viewpoints, including those from Thomas Hobbes and other theorists, contribute to the understanding of international law's nature and function.
😀 The relationship between national and international law was explored, noting how national laws reflect and interact with international principles.
😀 There is an emphasis on the universality of law, suggesting that legal principles should apply across different cultures and nations.
😀 The role of divine law and moral considerations in shaping legal frameworks was also mentioned, indicating the intersection of ethics and law.

Q & A

What is the primary focus of the international law lecture?
-The lecture focuses on the essence and foundations of international law, including its sources and implications for states and individuals.
Which countries' national laws are compared in the discussion?
-The lecture compares national laws from countries like Indonesia, Singapore, Japan, and the United States.
What role do sanctions play in international law according to the speaker?
-Sanctions are emphasized as crucial for the enforcement of international law, indicating that laws must have consequences for violations.
Who are some key thinkers mentioned regarding international law?
-Key thinkers include Thomas Hobbes and other legal theorists who have contributed to the understanding of international law.
What are the different theories of international law discussed in the lecture?
-The lecture discusses various theories, including positive law, social theories, and the universal nature of legal principles.
What historical event is referenced as significant for the development of international law?
-The Peace of Westphalia in 1648 is mentioned as a crucial moment in the establishment of international law among nations.
How does the speaker define the nature of law?
-The speaker defines law as a series of commands from a sovereign authority, which must be adhered to for societal order.
What is the relationship between international law and national law as explained in the lecture?
-International law is described as being influenced by national laws, and while there may be overlaps, they serve distinct functions within their respective jurisdictions.
What are the implications of universal laws in international relations?
-Universal laws are seen as essential for ensuring global cooperation and promoting welfare among nations, regardless of their political systems.
What philosophical perspectives on law does the speaker explore?
-The speaker explores various philosophical perspectives, including those that view law as a universal and unchanging concept influenced by divine or natural orders.