Roman Law and Grotius: Universal Application of Laws

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10 Questions

What did the early Roman law (jus civile) apply to initially?

Only Roman citizens

What role did the jus gentium play in the Roman legal system?

Provided simplified rules for relations between foreigners and citizens

According to John Austin, what is the primary reason he does not consider international law as true law?

Lacks legislative, executive, and judiciary machinery

In Thomas Erskine Holland's view, why does he believe International Law is not true law?

Lacks effective sanctions for enforcement

What did Cornelius van Bynkershoek focus on despite being part of the positivist school in international jurisprudence?

Freedom of seas

What is the main difference between the Naturalist Theory and the Positivist Theory of International Law?

The Naturalist Theory focuses on morality and universal principles, while the Positivist Theory emphasizes law made by humans.

Which theory of International Law is criticized for the possibility of treaties being binding on third States?

Positivist Theory

What is the concept behind the Pacta Sunt Servanda rule in International Law?

It establishes that treaties should be complied with by all parties.

What does Jus Cogens refer to in International Law?

Certain principles all states must observe, known as peremptory norms.

What is the main focus of Public International Law, as mentioned in the text?

Regulating international relations among states and international institutions.

Explore the development of Roman law from jus civile to jus gentium, and how it paved the way for universal application. Learn about Hugo Grotius, considered the father of international law, and his significant contributions to legal theory.

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