2 Main branches:

1. Jus Gentium – the law of nations or law “common to all men”; under the Roman
legal system is based on customary law
2. Just Inter Genes – based on international agreements and conventions thought
to be held in common by all nations

SIGNIFICANT HAPPENINGS IN THE HISTORY OF PIL:

1. Ancient Law
- Governed by natural law (what constitutes “right” and “wrong,” is the same
for everyone, and this concept is expressed as “morality.” Such factors are
considered in making the law.)

2. Hugo Grotius (1625)

- Father of international law – wrote the first systematic treaties (The Law of
War and Peace)
- it was published in Paris and now regarded as a foundational work in PIL
- most crucial contribution was his emphasis on the law of nations (jus gentium)
as a body of law distinct form the law of nature (not just its subset but as an
independent form)
- the practice of States was now seen as a distinct source of law in its own right
- defined the law of nations as “the law which has received its obligatory force
from the will of all nations, or of many nations”
- unlike natural law, international law did not concern itself with inward
dispositions or states of mind, but intended to regulate the external conduct
of rulers and States (also called voluntary law)
- most concrete sign of this development was the fact that it became commonly
accepted in this period that treaties were binding on the state as such, not
merely on the particular rulers who concluded them

3. Treaty of Westphalia in 1648

- Westphalia is an area in the north-western part of Germany, where the war
was largely fought causing desolation/misery and famine to Germany
- Series of peace treaties (signed in 2 places: irst at Münster and later at
Osnabrück (i.e, in one the Roman Catholic city and one the Protestant city).
- It established the example of peace by diplomatic congress
- Helps in ending the 30-years war (Catholics vs. Protestant leaders; religious
confrontations. It started in 1618 when a Roman Catholic archbishop of
Prague destroyed several Protestant churches) in Roman Empire and 80 years
war between Spain and Dutch (where Spain finally gave independence to the
Dutch)

4. In the early 17 to 18th Century – NATURAL LAW

- Natural law as basis for international law was heavily influential
- Natural law is the philosophy that certain rights, moral values, and
responsibilities are inherent in human nature, and that those rights can be
understood through simple reasoning. In other words, they just make sense
when you consider the nature of humanity
- This means that, what constitutes “right” and “wrong,” is the same for
everyone, and this concept is expressed as “morality.” Such factors are
considered in making the law.
- Example: it is universally accepted that to kill someone is wrong, and that to
punish someone for killing that person is right, and even necessary.

5. Second Half of 18th Century – POSITIVISM

- Law of Nations – most important treatise on International Law
- It’s the state’s consent that creates international law
- The positivist school of jurisprudence posits that a law acquires the
status of law if it is so declared by a sovereign (to be law), irrespective of
morality and religion
6. Congress of Vienna (1718)
- Meeting of European states in Austria with the objective of the Congress was
to provide a long-term peace plan for Europe by settling critical issues
arising from the French Revolutionary Wars and the Napoleonic Wars.
- After the downfall of Napoleon Bonaparte, this international
conference was called to create a balance among the European powers in
such a way so as to prevent future wars and maintain peace and stability on
the European continent.
- The goal was not simply to restore old boundaries but to resize the main
powers so they could balance each other and remain at peace

7. Demer de Vattel (1758) – Du drot des Gens (The Law of Nations)

- Most important treatise on Int’l Law
- Applied natural law to conduct of affairs of nations and sovereigns
- Introduced the dualistic character of international law – law of nature and
voluntary law was combined (only where the law of nature was unable, for one
reason or another, to provide an effective guide to State conduct could the
voluntary law of nations be brought in to fil the gap)
- EXAMPLE: during war, the natural law on just wars allowed a State to resort
to force in self-help to vindicate a legal right that had actually been violated
(or was threatened with violation) – so that, in a given conflict, one side would
be fighting justly, and the other one not. The voluntary law, was not concerned
over which party had the stronger legal claim to use force (or jus ad bellum),
but it treated each side as if it had lawfully resorted to war. It then contended
itself with regulating the conduct of wars, fixing rules for both parties to apply,
on an even-handed basis, in their contention against one another

8. After WWI – Treaty of Versailles (1919) and the League of Nations

What happened in WW1?

- There were two warring groups, the Allied Powers composed of France,
Britain, Russia, Japan, Italy, and in the later years, the U.S.; and the Central
Powers composed of Germany, Austria-Hungary, Bulgaria, and Turkey.
- It was triggered by the assassination of Archduke Franz Ferdinand of Austria
by Serbian nationalists. The allies of Austria-Hungary then invaded their
enemies and it became one of the two largest wars of the world.
- It ended with the Treaty of Versailles in 1919 wherein Germany took
responsibility for the war. It resulted in the separation of Austria-Hungary
into several states, and the independence of Estonia, Latvia, Lithuania,
Finland, and Poland from Russia. It also led to the formation of the League of
Nations.

a. Treaty of Versailles
- the most important of the peace treaties that brought World War I to an end.
The Treaty ended the state of war between Germany and the Allied Powers.
- held Germany responsible for starting the war, and imposed harsh
penalties in terms of loss of territory, massive reparations payments
and demilitarization.

b. Establishment of League of Nations

- First permanent international organization whose principal goal was to
maintain world peace, prevent war through collective security and
disarmament and the settlement of international disputes through
negotiation and arbitration
- Founded as a result of the Paris Peace Conference, attended by the victors of
the WWI and diplomats from more than 29 countries
- In the said meeting, they came up with a series of treaties (Paris Peace
Treaties) that reshaped Europe and the rest of the world
 - However, League of Nations was shortlived because it failed to prevent the
Nazi Germany from its aggressive moves against its neighboring states thus
leading to WW2

9. WW2 - paved the way for the establishment of the UN

a. paved the way for the establishment of the UN
- UN Charter made an outright prohibition not only against war, but also
against the use of force in general – such as armed reprisal (retaliation).
Exception: self-defense
b. with the UN came the new World Court (now known as the International Court
of Justice), though it still has no jursidction over States

What happened in WW2?

- 1939 to 1945
- The two warring groups were: The Axis powers composed of Germany, Italy,
and Japan; and The Allies composed of the U.S., Britain, France, the Soviet
Union, and China. It was the most atrocious war with the Nazi’s genocide
against the Jewish people.
- Started when Germany invaded Poland. Thereafter, France, Great Britain and
most of the countries of the British Empire declared war against Germany
- Hitler allied with Italy and Japan to fight against the Soviet Union, and on
September 1, 1939, Germany invaded Poland. It started in Europe but soon
spread across the globe drawing in the U.S. and other countries.
- While WWI was fought in the trenches and used machine guns and
poisonous gas, WWII was fought using modern artillery and machines
utilizing more airplanes, ships, tanks, and submarines.
- It ended with the capture of Berlin by the combined Soviet and Polish troops
and the subsequent German unconditional surrender in 1945
- On the same year (1945), the war ended in Asia when the Japanese Navy was
defeated by the US and atomic bombs were dropped in Hiroshima and
Nagasaki
- WW2 paved the way for the establishment of the UN in order to foster
international cooperation and prevent future conflicts

- Summary of WW1 vs. WW2:

1. WWI was fought between 1914 and 1918 while WWII was fought between
1939 and 1945.
2. The two warring groups of WWI were the Allied Powers and the Central
Powers while the two warring groups of WWII were The Allies and The Axis
powers.
3. WWI was triggered by the assassination of the archduke of Austria-
Hungary while WWII was triggered by the bitterness over the outcome of
WWI which was used by Adolf Hitler to lead Germany to war.
4. While WWI was fought in the lines of trenches, WWII was fought in a
broader scale using modern weapons and methods including the atomic
bomb.

- Allies and axis countries

- Who Were the Allies:

- The main Allied powers were Great Britain, The United States, China, and
the Soviet Union. The leaders of the Allies were Franklin Roosevelt (the
United States), Winston Churchill (Great Britain), and Joseph Stalin (the
Soviet Union).

- The common purpose of the Allies was to defeat the Axis powers and create
a peaceful post-war world. Its creation was a response to the aggression and
unprovoked war the Axis had unleashed upon the world. Each country had
different ideas about what this post war world would look like. Churchill and
 Britain wanted to create a post-war Europe that would prevent Germany
from rising again. Roosevelt and the United States wanted a permanent end
to the fascist regimes of Germany, Italy and Japan and to foster democracy
throughout the world. Stalin and the Soviet Union wanted to both crush
Germany and gain influence over Europe. The United States, Great Britain
and the Soviet Union coordinated their foreign and military policies and
created institutions in common to support these policies and win the war.
- Who Were the Axis Powers:
- The main Axis powers were Germany, Japan and Italy. The Axis leaders
were Adolf Hitler (Germany), Benito Mussolini (Italy), and Emperor Hirohito
(Japan).
- The Axis alliance began with Germany partnering with Japan and Italy and
was cemented in September 1940 with the Tripartite Pact, also known as the
Three-Power Pact, which had the “prime purpose to establish and maintain
a new order of things… to promote the mutual prosperity and welfare of the
peoples concerned.” They supported each other’s goal for territorial
expansion, wanted the destruction of the Soviet Union and acknowledged
each other’s supremacy in their respective geographic areas.

10. Cold War

- Between the US (and its allies – Western Block) and Soviet Union (and its
satellites – Eastern Bloc), lasted for 46 years
- The term "cold" is used because there was no large-scale fighting directly
between the two sides, but they each supported major regional conflicts
known as proxy wars (A proxy war is an armed conflict between two states
or non-state actors which act on the instigation or on behalf of other parties
that are not directly involved in the hostilities)
- Grouping of countries: Western states (led by US), socialist states (led by
Soviet Union), and developing countries (formed by former colonies like Phils,
Malaysia, Thailand, who earned their independent through armed or political
struggle)

11. Post-Cold War

- Soviet Union was dissolved that led to the r-emergence of international
relations based on multiple sources of power
- US became the super power of the Western States
- Socialist countries were no longer united, some depend support from Western
state
- Developing countries move toward market orientation as well as fighting
poverty and backwardness
- UN declined as the international agency for the maintenance of peace. Why?
Because