international law: Evolution of International Law

Beginnings
There was little scope for an international law in the period of ancient and medieval empires, and
its modern beginnings coincide, therefore, with the rise of national states after the Middle Ages.
Rules of maritime intercourse and rules respecting diplomatic agents (see diplomatic service )
soon came into existence. At the beginning of the 17th cent., the great multitude of small
independent states, which were finding international lawlessness intolerable, prepared the way
for the favorable reception given to the De jure belli ac pacis [concerning the law of war and
peace] (1625) of HugoGrotius , the first comprehensive formulation of international law. Though
not formally accepted by any nation, his opinions and observations were afterward regularly
consulted, and they often served as a basis for reaching agreement in international disputes. The
most significant principle he enunciated was the notion of sovereignty and legal equality of all
states. Other important writers on international law were Cornelius van Bynkershoek , Georg F.
von Martens , Christian von Wolff , and Emerich Vattel .

Development to World War I

The growth of international law came largely through treaties concluded among states accepted
as members of the family of nations,  which first included the states of Western Europe, then the
states of the New World, and, finally, the states of Asia and other parts of the world. The United
States contributed much to the laws of neutrality and aided in securing recognition of the
doctrine of freedom of the seas (see seas, freedom of the ). The provisions of international law
were ignored in the Napoleonic period, but the Congress of Vienna (see Vienna, Congress of )
reestablished and added much, particularly in respect to international rivers and the classification
and treatment of diplomatic agents. The Declaration of Paris (see Paris, Declaration of )
abolished privateering, drew up rules of contraband , and stipulated rules of blockade . The
Geneva Convention (1864) provided for more humane treatment of the wounded. The last
quarter of the 19th cent. saw many international conventions concerning prisoners of war ,
communication, collision andsalvage at sea, protection of migrating bird and sea life, and
suppression of prostitution. Resort to arbitration of disputes became more frequent. The
lawmaking conventions of the Hague Conferences represent the chief development of
international law before World War I. The Declaration of London (see London, Declaration of )
contained a convention of prize law, which, although not ratified, is usually followed. At the
Pan-American Congresses, many lawmaking agreements affecting the Western Hemisphere have
been signed.

Effect of the World Wars

In World War I, no strong nations remained on the sidelines to give effective backing to international
law, and the concept of third party arbitration was again endangered; many of the standing provisions
of international law were violated. New modes of warfare presented new problems in the laws of war,
but attempts after the war to effect disarmament and to prohibit certain types of weapons (see war,
laws of ) failed, as the outbreak and course of World War II showed. The end of hostilities in 1945 saw
the world again faced with grave international problems, including rectification of boundaries, care of
refugees, and administration of the territory of the defeated enemy (see trusteeship, territorial ). The
inadequacy of the League of Nations and of such idealistic renunciations of war as the Kellogg-Briand
Pact led to the formation of the United Nations as a body capable of compelling obedience to
international law and maintaining peace. After World War II, a notable advance in international law was
the definition and punishment of war crimes . Attempts at a general codification of international law,
however, proceeded slowly under the International Law Commission established in 1947 by the United
Nations.

Recent Developments

The nuclear age and the space age have led to new developments in international law. The basis
of space law was developed in the 1960s under United Nations auspices. Treaties have been
signed mandating the internationalization of outer space (1967) and other celestial bodies (1979).
The 1963 limited test ban treaty (see disarmament, nuclear ) prohibited nuclear tests in the
atmosphere, in outer space, and underwater. The nuclear nonproliferation treaty (1968) attempted
to limit the spread of nuclear weapons. The agreements of the Strategic Arms Limitation Talks,
signed by the United States and the USSR in 1972, limited defensive and offensive weapon
systems. This was first of many international arms treaties signed between the two nations until
the dissolution of the Soviet Union. Other treaties have covered the internationalization of
Antarctica (1959), narcotic interdiction (1961), satellite communications (1963), and terrorism
(1973). The Law of the Sea treaty (1982, in force from 1994) clarified the status of territorial
waters and the exploitation of the seabed. Environmental issues have led to a number of
international treaties, including agreements covering fisheries (1958), endangered species (1973),
global warming and biodiversity (1992). Since the signing of theGeneral Agreement on Tariffs
and Trade (GATT) in 1947, there have been numerous international trade agreements. The
European Union (prior to 1993, the European Community) has made moves toward the
establishment of a regional legal system; in 1988 a Court of First Instance was established to
serve as a court of original jurisdiction on certain economic matters. The establishment of the
International Criminal Court (2002), with jurisdiction over war crimes, crimes against humanity,
and related matters, marked a major step forward in international law despite the United States'
repudiation of the treaty under President George W. Bush.