Hukum Internasional - Pertemuan 1 (Fokus Materi: Pengertian Hukum Internasional)

Summary

This video lecture on international law covers key concepts such as the evolution of international law terminology, from 'jus gentium' to 'international law,' and its relevance in contemporary global relations. The lecture discusses the main subjects of international law, including states, Vatican, international organizations, and individuals. It explains the relationship between international and national law through theories of monism and dualism, as well as the sources of international law. The differences between international law, world law, and private international law are highlighted, emphasizing their public vs. private distinctions and systems of law involved.

Takeaways

• 😀 International law has evolved from the term 'Law of Nations' (Ius Gentium) in Roman times to the modern concept of 'International Law.'
• 😀 The term 'International Law' was first introduced by Jeremy Bentham, signifying a body of law governing relations between states and other legal subjects.
• 😀 There are six main subjects in international law today: states, the Vatican, the International Red Cross, international organizations, individuals (in limited capacities), and belligerents or rebels.
• 😀 International law is divided into two branches: Public International Law and Private International Law (or Conflict of Laws).
• 😀 Hugo Grotius made significant contributions to the development of international law, especially in maritime law and the laws of war.
• 😀 International law includes the relationship between international law and national law, explained through the monism and dualism theories.
• 😀 The monism theory suggests that international and national laws are part of a single legal system, while dualism sees them as separate systems.
• 😀 International law sources include treaties, customs, general principles of law, and judicial decisions, categorized as primary or supplementary sources.
• 😀 Differences exist between international law, world law, and private international law, with world law implying a higher legal hierarchy beyond states.
• 😀 Private international law addresses legal relationships between individuals across different national laws, while international law focuses on public matters, such as state relations and governance.

Q & A

What is the primary subject of international law?

The primary subject of international law is the state, which is considered the main subject of international law.

How has the terminology of international law evolved over time?

International law's terminology evolved from 'law of nations' or *Ius Gentium* to 'law between states' or *lex inter gentes*, and later to 'international law' or *jus inter gentes*, a term first introduced by Jeremy Bentham.

Who was Hugo Grotius and why is he significant to international law?

Hugo Grotius was a key figure in the development of international law, known for his contributions to theories on the freedom of the seas (*Mare Liberum*) and the laws of war. His work laid the foundation for modern international legal principles.

What are the main differences between public international law and private international law?

Public international law governs relations between states and other international entities, while private international law deals with legal matters involving private individuals or entities across different countries.

What are the key theories regarding the relationship between international law and national law?

There are two main theories: monism, which asserts that international law and national law form a unified legal system, and dualism, which holds that international law and national law are separate systems.

What is the significance of the term 'world law' as compared to international law?

'World law' refers to a legal system that transcends national boundaries and is often seen as having a higher authority over states. In contrast, international law governs relations between states and entities within the framework of state sovereignty.

What is the role of Jeremy Bentham in the development of international law?

Jeremy Bentham is credited with introducing the term 'international law' and contributed significantly to the conceptualization of international law as a legal system that governs relations between sovereign states.

What are the primary sources of international law?

The primary sources of international law include international treaties, customary international law, and general principles of law. Secondary sources include judicial decisions and scholarly writings.

How does international law differ from private international law in terms of jurisdiction?

International law primarily addresses public issues involving relations between states, while private international law deals with private matters that cross national borders, often involving different legal systems.

What is the significance of the distinction between 'international law' and 'private international law'?

The distinction is significant because international law governs public relations between states, while private international law focuses on private legal disputes that involve parties from different countries, requiring the application of multiple legal systems.