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Summary LCP4801 STUDY NOTES
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Contains revision notes essential for understanding international law
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1INTERNATIONAL LAW NOTES
THE HISTORY AND DEVELOPMENT OF INTERNATIONAL LAW
Definition of international law: in the wide sense it the law that
applies between states – international law regulates the external
relations between states.
States are subjects of international law and the relations that they
have with one another may be either bilateral (one state with another)
or multilateral (several states cooperate with each other or as an
international organisation (IO))
History of international law:
1400’s: the collapse of feudalism, the Renaissance and the
reformation resulted in the emergence of entities that existed
independently from the people who were running them = states were
born.
States as distinct territories, was the master of its own territory – thus
a state was sovereign
Between 1500 – 1648: Westphalian system – international order
consisting mainly of independent sovereign states, which exercised
authority within their territories and freely co-ordinated their mutual
relations in accordance with their interests in a daily basis of equality.
The sovereign equality of states and the idea that all states are equal
and are entitled to the same respect are today still the aim of
international law.
The following trends have developed in international law in time:
International law, is the law between states and is linked to
state sovereignty
The idea of an international organization as an entity distinct
from its member’s
The individual as a quasi – subject of international law
developed due to 2 world wars, the emancipation of colonial
territories and the need of the individual for the
acknowledgement of human rights and the right to self
determination
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