Hugo Grotius

• Born 10 April 1583, died 28 August 1645 Worked as a jurist in the Dutch Republic One of the founding fathers of modern international law alongside Francisco de Vitoria and Alberico Gentili. Popular for his foundations international law which based natural law Separated theology international law of on

 Formulated new principle: sea was
international territory and all nations were free to use it for trade

• •

 Provided

suitable ideological justification for the Dutch to break up various trade monopolies through its formidable naval power

 Argued Freedom of sea is key
aspect in communications peoples and nations btw

 Believed it is against natural law to
rule over the sea – no country was able to monopolise control over the ocean as-- Sea is o o Immense Lack of stability Lack of fixed limit



 Defined NL as a perspective judgment
where things can be considered as good or bad according to their own nature  Hypothetical argument: NL is still valid if God does not exist or if God is not interested in human affairs


 De Jure Belli ac Pasis – On the Law
of War and Peace[1625]

 Believed that God was no longer the
only sources of ethical qualities

 Talked about war
 Wrote two books  Argued that war is violating NL but it is necessary Produced Just War doctrine:

 Mare Liberum – The Free Sea

o o

Jus ad bellum – rightful causes of war Jus in bello – rightful conduct of war

Said nobody owns the sea

 Want to enter war, ensure the war is
[JUST – war to obtain a right]  War is punitive in character – last resort when conciliation failed

Believed that s/times better to renounce rights than trying to enforce them

 Believed that religious war = unjust 
religion is inner conviction. Cannot force
© Khairul Idzwan Kamarudzaman [Universiti Teknologi Mara] 2009

 Discussed three methods for peaceful
settlement of intnl disputes o Conference & amongst 2 rivals Concessions Single combat/ Choosing by lot negotiations


wars: o o

 Emphasised on moral conduct during
Protect non combatant Treat hostages and prisoners humanly Protect property destruction from


Recognised sovereign states as basic units of intnl law Recognised that law of nations accepted as it is accepted universally Considered that a civil right derived from the laws of sovereign states is inferior to a right based on the law of nations Reason? Law of nations is more extensive rights, deriving its authority from the consent of all, or at least of many nations

 

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