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Questions and Answers
What was the primary law governing relations between European states during the European Middle Ages?
What was the primary law governing relations between European states during the European Middle Ages?
- Roman Law
- Canon Law (correct)
- Civil Law
- Natural Law
The Peace of Westphalia in 1648 marked the beginning of the recognition of state sovereignty as we understand it today.
The Peace of Westphalia in 1648 marked the beginning of the recognition of state sovereignty as we understand it today.
True (A)
Who is considered one of the 'fathers' of modern international law?
Who is considered one of the 'fathers' of modern international law?
Hugo Grotius
The concept of ________ was developed based on the idea that all nations are equal in their relations with each other.
The concept of ________ was developed based on the idea that all nations are equal in their relations with each other.
Match the following concepts with their definitions:
Match the following concepts with their definitions:
Which type of covenants illustrated the unequal nature of state relationships in ancient civilizations?
Which type of covenants illustrated the unequal nature of state relationships in ancient civilizations?
In the Westphalian System, states were recognized as personal fiefdoms of monarchs.
In the Westphalian System, states were recognized as personal fiefdoms of monarchs.
What was the impact of the Thirty Years War on European state relations?
What was the impact of the Thirty Years War on European state relations?
Ancient states typically had _______ relationships, with a hegemonic state controlling others.
Ancient states typically had _______ relationships, with a hegemonic state controlling others.
Match the historical periods with their characteristics:
Match the historical periods with their characteristics:
Which of the following philosophers emphasized that sovereignty is perpetual and vested in a commonwealth?
Which of the following philosophers emphasized that sovereignty is perpetual and vested in a commonwealth?
Diplomatic recognition was a concept established in ancient times.
Diplomatic recognition was a concept established in ancient times.
What does 'jus gentium' refer to?
What does 'jus gentium' refer to?
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Study Notes
Development of International Law
- No substantial notion of international law in ancient civilizations; external obligations of states were not recognized as equal.
- State relations were primarily tributary and hierarchical, not reflecting a “Family of Nations.”
- Diplomacy evolved with customs, diplomatic recognition, diplomatic protection, and rules governing warfare.
- Covenantal relationships, such as God's covenant with Abraham, illustrate ancient agreements, often indicating superior-tributary dynamics.
Natural Law and Roman Law
- Ancient Greeks proposed Natural Law (jus naturale), rooted in divine law and reason, viewed as universally valid and eternally binding.
- Roman law differentiated between Civil Law (jus civile) and Law of Nations (jus gentium), with the latter guiding Rome's interactions with other states.
- Roman legal principles persisted through the Middle Ages, promoting a sense of unified law.
European Middle Ages
- European governance was characterized by absolute monarchies; loyalty was pledged to monarchs rather than states.
- Variation in governance structures included kingdoms, dukedoms, and principalities, affecting sovereign status and equality.
- Personal sovereignty shifted from monarchs to the states over time, with canon law serving as the primary law under the Roman Catholic Church.
Westphalian International System
- Established by the 1648 Peace of Westphalia, ending the destructive Thirty Years War in Europe.
- Transitioned the perception of states from personal fiefdoms to nation-states with sovereignty.
- Sovereignty began shifting from monarchs to the nation-state, thereby transforming state relations from personal to institutional.
Westphalian Principle of Sovereign Equality
- Jean Bodin defined sovereignty as "absolute and perpetual power" of a commonwealth, independent of rulers.
- A key aspect of state sovereignty is the right to non-interference in domestic affairs from other states, emphasizing sovereign equality.
- All states are viewed as equal in their interactions, fostering the emergence of the concept of a “Family of Nations.”
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