(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.

Outlines

00:00

📜 Introduction to International Law History

The video introduces the topic of international law with a focus on its historical development. It outlines the timeline of international law, dividing it into five significant periods based on key historical events. The first period begins with the Peace of Westphalia in 1648, marking the end of the 30 Years' War and the establishment of modern international relations. The Peace of Westphalia is highlighted for introducing the concept of state sovereignty, which is central to international law, allowing states to govern without external interference. The video then briefly mentions the subsequent periods, including the end of World War I and II, and the end of the Cold War in 1990, setting the stage for a more detailed exploration of each era.

05:01

🌍 Evolution of International Law and Its Actors

This paragraph delves into the evolution of international law through different periods. It starts with the post-Westphalian era, characterized by European dominance and colonialism, where European nations controlled smaller states in Africa and Asia. The interwar period is marked by significant changes, including the Russian Revolutions, the rise of the United States and the Soviet Union, and the establishment of the League of Nations in 1920. The League's aim was to maintain peace and security, and it introduced the idea of settling disputes through diplomatic means rather than force, marking a shift towards multilateralism. However, the League failed to prevent World War II. The United Nations was established in 1945 as a successor to the League, with a broader membership and the International Court of Justice as its principal judicial organ. The Cold War period is noted for geopolitical tensions and the beginning of decolonization, leading to an increase in the number of states. The final period, post-Cold War, is characterized by a multipolar world with a variety of actors, including states, international organizations, corporations, and individuals. It also witnesses the rise of regionalization, criticism of existing institutions, and the emergence of new legal challenges such as international terrorism, cybersecurity, and environmental issues, leading to the specialization of law.

Keywords

💡Peace of Westphalia

The Peace of Westphalia refers to a series of peace treaties signed in 1648 that ended the Thirty Years' War and the Eighty Years' War in the Holy Roman Empire and Spain's war with the Dutch Republic. It is considered a cornerstone in the development of modern international law, as it established the concept of state sovereignty and the balance of power in Europe. In the video, it marks the beginning of the first period of international law, emphasizing the shift from religious conflicts to a more secular and state-centric approach to governance and diplomacy.

💡State Sovereignty

State sovereignty is a principle in international law that holds that a state has the ultimate authority over its territory and its people. It implies that a state is not subject to any higher authority and has the right to govern without interference from other states. The video explains that the Peace of Westphalia introduced this concept, which became central to international law, allowing states to operate autonomously within their own borders and to interact with other states as equals.

💡Colonialism

Colonialism is the practice of a powerful nation extending its control over weaker nations, often for economic or territorial gain. In the video, colonialism is mentioned as a feature of the period following the Peace of Westphalia, where European nations dominated smaller states in Africa and Asia, illustrating the power dynamics and the expansionist policies of the time.

💡League of Nations

The League of Nations was an intergovernmental organization established after World War I to maintain world peace. Its creation marked a significant shift in international relations, as it was the first global organization aimed at preventing war and resolving international disputes through diplomacy. The video highlights the League's importance in the evolution of international law, particularly in fostering the idea of collective security and the peaceful resolution of conflicts.

💡United Nations

The United Nations is an international organization founded in 1945 after World War II to promote international cooperation and prevent future conflicts. It succeeded the League of Nations and has grown to include almost every sovereign state. The video discusses the establishment of the UN as a response to the failures of the League of Nations and the need for a more effective international body to maintain peace and security.

💡Cold War

The Cold War was a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc, after World War II. It was characterized by a lack of direct large-scale warfare between the two superpowers but was marked by proxy wars, espionage, and a nuclear arms race. The video mentions the Cold War as a distinct period in international law, during which the world was divided into two major power blocs, influencing global politics and the development of international relations.

💡Decolonization

Decolonization is the process by which colonized countries gain independence from their colonial powers. The video notes that the period around the Cold War saw a significant wave of decolonization, leading to an increase in the number of sovereign states and a shift in the global balance of power. This process had profound implications for international law, as it led to the recognition of new states and the need to accommodate their interests and rights within the international system.

💡International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established to settle legal disputes between states and to provide advisory opinions on legal questions. The video emphasizes the ICJ's role in the development of international law, particularly in resolving disputes and clarifying the interpretation of international legal norms.

💡Multilateralism

Multilateralism is a principle of conducting international relations through multiple countries working in concert, often within the framework of international organizations. The video discusses the shift from classical bilateral relations to multilateralism as a key development in international law, reflecting the increasing complexity of global issues and the need for collective action and cooperation among states.

💡Regionalization

Regionalization refers to the process of countries within a specific region working together to address common issues and promote regional stability and cooperation. The video mentions regionalization as a trend in the post-Cold War period, where regional problems are increasingly being addressed at a regional level, often through regional organizations, reflecting a shift in the way international law and cooperation are structured.

💡New Legal Problems

The video discusses the emergence of new legal problems in the contemporary era, such as international terrorism, cybersecurity, and environmental issues. These challenges require new branches of law and specialized legal frameworks to address them effectively. The mention of new legal problems illustrates the dynamic nature of international law and its need to adapt to evolving global concerns.

Highlights

Introduction to the five periods of international law history.

Peace of Westphalia in 1648 as the beginning of the modern international system.

End of the 30 Years War and the introduction of state sovereignty.

Concept of state sovereignty as the right to govern without outside interference.

European superiority and colonialism as defining features of the second period.

Domination of Christian faith influencing national laws.

Interwar period marked by the February and October Revolutions in Russia.

Influence of the United States and the birth of the Soviet Union.

Establishment of the League of Nations and its aim to maintain peace and security.

Fundamental change in legal thinking with the focus on preventing war.

Shift from bilateral to multilateralism in international relations.

Failure of the League of Nations to prevent World War II.

Establishment of the United Nations after World War II.

Cold War period beginning around 1947 with geopolitical tension.

Decolonization and the increase in the number of independent states.

Emergence of new international organizations in the 1950s.

Political instability in Central and Eastern Europe leading to the end of the Soviet Union.

Post-Cold War era characterized by a diverse range of actors and power dynamics.

Rise of regionalization and criticism of existing institutions.

Emergence of new legal issues such as international terrorism, cybersecurity, and environmental concerns.

Specialization of law to adapt to new developments.

Transcripts

welcome to lexicon your visual guide to

public international law our topic for

today is a very brief history of

international law so let's begin the

whole timeline can be roughly divided

into five periods based on defining

historic events first is the Peace of

Westphalia in 1648 second the end of the

first world war in 1918 then the end of

the Second World War in 1945 and finally

the end of the Cold War in 1990 so let's

begin with the first period the

international agreements were signed and

diplomatic relations existed also before

but the Peace of Westphalia has put an

end to the 30 Years War it was first a

Civil War of a religious nature between

Protestants and Roman Catholics but then

it grew larger and became a fight for

power in Europe so Peace of Westphalia

is considered to be a beginning of a

modern International System more

precisely it is a series of peace

treaties it has put an end to the 30

Years War and eighty Years War it was an

end of the religious clash minority

religions were allowed and religious

tolerance was established a new balance

of power in Europe was established as

well and the concept of state

sovereignty was introduced so what is

state sovereignty it is one of central

concepts in international law the

ultimate authority of decision-making

over individuals living in a given

territory in other words it is the right

to govern without outside interference

beat political legal religious or other

but we now come back to the timeline and

let's consider the next period what are

the features of that period first is the

European superiority dominant states are

located in Europe second colonialism is

a political economic phenomenon

characterized by European nations

dominating smaller states in Africa and

Asia

so the world is being cut in pieces like

a cake or pizza third domination of

Christian faith and thus in turn

national laws also based on Christian

principles but let's now move further

into the interwar period 1917 February

and then October revolutions take place

in Russia and that Tsarist regime is

Aurra from a year later the end of the

first world war became a turning point

in the history of international law

shortly afterwards the influence of the

United States increases and the Soviet

Union is born as a separate legal entity

this means that the European states are

no longer the only key players on the

international arena in 1920 the League

of Nations is established link of

Nations is an intergovernmental

organization with the primary aim of

maintaining international peace and

security its constitutive document is

the Covenant of the League of Nations

and it also had its own judicial body

permanent court of international justice

and why is that considered so important

because it was a fundamental change in

the legal thinking the world finally

understood that the war shall be

prevented that disputes shall be settled

in ways other than the use of force by

negotiations or other diplomatic means

this has also become a shift from

classical bilateral model towards

multilateralism but shortly after that

in 1939 another war happened so the

commitment to prevent another war has

failed and so has the League of Nations

United States was not a member so the

credibility of the League was questioned

the Soviet Union was expelled some other

countries withdrew voluntarily and it

also had other institutional problems so

in 1945 another organization was

established called the United Nations

United Nations is an inter government

organization and it is a successor to

the linked Nations established right

after the Second World War because there

has been a clear and strong

that the use of force is completely

unacceptable with initially fifty

members

it now has 193 full member states and

two states having the observer status it

also has a principal judicial organ the

International Court of Justice to the

judgments of which I will be referring a

lot in future videos so approximately

1947 the Cold War begins it is a period

of strong geopolitical tension between

the United States and the Soviet Union

around that time the process of

decolonization begins former colonies

gained independence therefore the number

of states increases approximately in the

1950s many new international

organizations appear such as the

European Coal and Steel Community

something that will later transform into

the European Union or the Council of

Europe which is a big interim government

organization protecting human rights in

Europe late 1980s is a period of growing

political instability in Central and

Eastern Europe and the culmination of

that instability is the breakup of the

Soviet Union

thus the Cold War has ended so we

finally come to the last period from the

end of the Cold War up until present

it's characterized by a large number of

actors States international

organizations corporations even

individuals play a big role the balance

of power has changed the world is no

longer bipolar an author's still argue

who's more powerful classical

bilateralism is replaced with

multilateralism there's also a trend of

regionalization regional problems are

being solved on a regional level

existing institutions and organizations

are being criticised recall brexit for

example new legal problems appear such

as international terrorism cyber

security environmental issues you name

it consequently new branches of law

appear law becomes more specialized

because we need to adapt to these new

developments that was it for today I

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