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Is UN the international agency for the maintenance of peace
No
Opinio Juris
The belief that a certain form of behavior is obligatory that makes practice an international rule
It is also possible for customary law to develop which will bind only several states, or even only two states but the party claiming it must prove that it is also binding on the other party. (need burden of proof)
Evidence that there was ancient international law
treaties of peace and alliances were concluded between Jews and Romans, Syrians and Spartans
rise of three major groupings:
o Western states
o Socialist states
o Developing countries
Would dissenting states be bound by custom?
Yes, unless they had consistently objected to it while the custom was merely in the process of formation
Jus Gentium
common to all men, so law became vast
General Rule on Treaties
e treaty, to be considered a direct source of international law, must be concluded by a sizeable number of states and thus reflect the will or at least the consensus of the family of nation
Ancient international law was characterized by
exchange of diplomatic emissaries, peace treaties
Predecessor name of international law, and who renamed it
Law of Nations renamed by British Philosopher Jeremy Bentham
Significant Milestones in the Development of IL
• The Peace of Westphalia that ended the Thirty Years War (1618-1648) and established a treaty based framework for peace cooperation. It was at this time that pacta sunt servanda arose.
• Congress of Vienna (1815) that ended the Napoleonic Wars and created a sophisticated system of multilateral political and economic cooperation.
• Covenant of the League of Nations (1920) which included the Treaty of Versailles that ended WWI
Is International Law a Law?
there is a general respect for law because of the possible consequences of defiance either to oneself or to the larger society.
The Martens Clause
1899 Hague Peace Convention
“laws of humanity” and the “dictates of public conscience” on the same level as “usages of states” or usus thus suggesting that even without practice or usus or at least without consistent practice there can emerge a principle of law based on laws of humanity and the dictates of public conscience.
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