PRINCIPLES OF INTERNATIONAL LAW, SEM 2020-2

ESSAY DEVELOPMENT OF LAW BETWEEN COUNTRIES

( MID TREMS PROJECT)

Submitted by:

1. Sella Rahmah Sari

(016202005018)

2. Intan Nabila Putri Amelia

(016202005023)

3. Vira cornelia

(016202005001)

Submitted to:

Name of Lecturer: Mr. Fahlesa Wisa Fahru Munabari

Date: 19 March 2021

A. Preliminary

International law, also known as public international law and state law, is
a set of rules, norms, and generally accepted standards in relations between states. It
establishes normative guidelines and a general conceptual framework for guiding
the state in a variety of domains, including war, diplomacy, trade, and human rights.
International law aims to practice stable, consistent and organized international
relations.
The laws of these nations have been seen in the ancient cultural
environment which governed the relationship between kings or nations. The
development of international law by legal experts is divided into several stages.
Mochtar Kusumaadmatja, divides the stages of International Law Development into
4, namely, the classical period (ancient), the modern period, the consolidation
period (The Hague Convention), and the period after the second world war.
Meanwhile, Malcolm N. Shaw in his book which is translated into Indonesian
entitled International Law, divides the stages of development of international law
into 6 parts, namely, early development, Middle Ages and Renaissance, the
founders of modern international law, Positivism and Naturalism, Century 19, and
the 20th century.

B. Content / discussion

In the early stages of development, international law used different

terms. The terms "Law of the Nations" and "Law of the States" are two terms that
are better known and used to describe the laws that were applicable to the nations of
the world at that time. Malcolm N. Shaw in his book which is translated into
Indonesian entitled International Law, divides the stages of development of
international law into 6 parts, namely, 1. early development
We can trace the early development of international law by looking at the
political relations that have been carried out by nations since thousands of years
ago. It is explained in Malcolm N. Shaw's book that around 2100 BC, for example,
a formal treaty was signed between the rulers of Lagash and Umma, two city-states
located in an area known to historians as Mesopotamia. The agreement is written on
 a block of stone and specifies the boundaries that must be respected by both parties.
This is written in the Old Testament.
Greece also already knows about warfare and diplomatic relations. One of
the Greek concepts that influenced European thought and was developed by the
Romans was the concept of natural law. This idea was formulated by Stoic
philosophers in the 3rd century BC and this theory states that a set of rules is
universal.
Apart from Europe, the Byzantine Empire and the Islamic world also gave
signs of the existence of international law, such as the practice of diplomacy and the
existence of the most important contribution to the law of war. In general, humane
rules of war were developed and the 'people of the book' were treated better than
non-believers, albeit in an inferior position to Muslims.

 Middle Ages and Renaissance

In Roman times, international law as a law regulating the relationship

between the nation's kingdoms did not experience rapid development. With the
spread of knowledge, the foundations of modern international life have also
emerged, such as diplomacy, statesmanship, the theory of balance of power and the
idea of a community of states.

 Towards the Modern Age

One of the important events that made International Law towards a

modern order was the emergence of reform and secularization movements to
oppose the power of the church and the state.

 Twentieth Century

This league certainly appears as a forum to maintain the order of

international relations, so that another World War does not occur. During this
period, institutions such as the International Permanent Court were also formed,
then changed to the International Court of Justice. The International Labor
Organization was also formed, which has been around since the end of World War I
until today.
Meanwhile, Malcolm N. Shaw in his book which is translated into
Indonesian entitled International Law, divides the stages of development of
international law into 6 parts, namely, early development, Middle Ages and
Renaissance, the founders of modern international law, Positivism and Naturalism,
Century 19, and the 20th century. Malcolm N. Shaw in his book which is translated
into Indonesian entitled International Law, divides the stages of development of
international law into 6 parts, namely :

1. Early development (ancient times)

We can trace the early development of international law by looking at the
political relations that have been carried out by nations since thousands of years
ago. It is explained in Malcolm N. Shaw's book that around 2100 BC, for example,
a formal treaty was signed between the rulers of Lagash and Umma, two city-states
located in an area known to historians as Mesopotamia.
The agreement is written on a block of stone and specifies the boundaries
that must be respected by both parties. Another example of another international
treaty is the treaty between Rameses II of Egypt and the king of the Hittites to
establish lasting peace and brotherhood.
At other levels, Ancient India also had rules and legal institutions that
regulated the relationship between castes, ethnic groups and kings. There are
provisions governing treaties, rights and obligations of kings, but quite clear
provisions relating to laws governing war.
In addition, there are differences between combatants and noncombatants,
the provisions regarding the treatment of prisoners of war and how to conduct war.
In the Jewish cultural environment, there are provisions regarding the treaty of
foreigners and ways of waging war. This is written in the Old Testament.
Greece has also been familiar with perwaistan (arbitration) and diplomatic
relations. One of the Greek concepts that influenced European thought and was
developed by the Romans was the concept of natural law. This idea was formulated
by Stoic philosophers in the 3rd century BC and this theory states that a set of rules
is universal.
 Apart from Europe, the Byzantine Empire and the Islamic world also gave
signs of the existence of international law, such as the practice of diplomacy and the
existence of the most important contribution to the law of war. In general, humane
rules of war were developed and 'the people of the book' (Jews and Christians) were
treated better than non-believers, albeit in an inferior position to Muslims.
The law regarding diplomats is formed based on the notion of politeness
and security (security), while the rules regarding international agreements develop
from the concept of respect for promises made.
It can be concluded that the various practices of political relations that
have been carried out are a sign that international law is present even though it is
geographically and culturally limited. Practices such as diplomacy, respect for the
integrity of each other's territories, cessation of aggression, the formation of defense
alliances, peace agreements and social justice have shown that there are political
relations between nations, besides that, the emergence of the idea of natural law is
also one of the concepts of the presence of international law. . Apart from being a
fundamental concept in legal theory, Natural Law is very important for
understanding international law as well as being an absolute prelude to
contemporary discussions on human rights.

2. Middle Ages and Renaissance

The Middle Ages were marked by the authority of the organized Church. In
Roman times, international law as a law regulating the relationship between the
nation's kingdoms did not experience rapid development. However, there have been
rapid developments in other fields, such as Maritime Law and Commercial Law.

In Maritime Law, the appearance of the Byzantine Law of the Sea, which
contains a series of generally accepted customs related to the Atlantic and
Mediterranean coasts. Whereas in Commercial Law, the emergence of the Merchant
Law which was formed by the UK regarding the rules for foreign merchants and
applies universally.

However, in the course of the Church's authority waned and went through
the Renaissance. The Renaissance changed the face of European society and gave
rise to features of scientific, humanistic and individualist thought. At this time, the
invention of the printing press (15th century) became a means of spreading
knowledge. With the spread of knowledge, the foundations of modern international
life have also emerged, such as diplomacy, statesmanship, the theory of balance of
power and the idea of a community of states.

3. Towards the Modern Age

One of the important events that led International Law towards a modern
order was the emergence of reform and secularization movements to oppose the
power of the church and the state. This movement gave rise to the Peace of
Westphalia 1648. This period became Europe's Bright Point for reforming the
system and giving rise to various thoughts, one of which was about posivism and
naturalism.

4. Nineteenth Century

Not only raises various new ideas, but brings various other important events
related to the development of international law. Various European conferences were
held and made major contributions to the development of rules regarding the
conduct of war.

Various events such as the Final Act of the Congress of Vienna (1815)
which discussed freedom of navigation in international waters and the establishment
of the Rhine Central Commission to regulate implementation, the existence of the
Danube River Commission and other European rivers regarding international
treaties and provisions, the Peace Conference (1856), the Geneva Convention
(1864) ) on the 'Humane' of the conflict, the Hague Conferences of 1899 and 1907
established the Permanent Court of Arbitration and discussed the treatment of
prisoners and control of warfare.

5. Twentieth Century

After the World War ended (28 July 1914-11 November 1918). The 1919
Peace Treaty emerged and the League of Nations emerged. This league certainly
appears as a forum to maintain the order of international relations, so that another
World War does not occur.
 But in fact, World War II (1939-1945) could not be avoided. The failure of
the League of Nations (the most important legacy from the point of view of
international relations) certainly provides motivation for all countries in the world
to mutually maintain peace. Through the United Nations (1946), it became a turning
point for correcting the shortcomings of its predecessors, and became a universal
vessel.

During this period, institutions such as the International Standing Court

(1921) were also formed, then changed to the International Court of Justice (1946).
The International Labor Organization was also formed, which has been around
since the end of World War I until today.

6. The present

The problems faced now are not only related to issues of territory or state
jurisdiction that are narrowly understood, but also regarding other issues, such as
human rights, the growth of international economic law which includes financial and
development affairs, concern for environmental destruction, space exploration and
exploitation efforts. marine and seabed resources.

C. Terminology

This law is sometimes referred to as "public" and "private" international law,

especially for those who want to follow the Roman tradition. That is, "public"
international law covers many things such as human rights law, international criminal
law, law of war, and so on. In contrast, many "private" international law calls it
"conflict law", which usually discusses whether international courts claim rights,
powers, and authority over cases with other elements and which laws are in force.

Its newest concept is "Supranational Law", which concerns regional treaties

which the state is deemed inapplicable when it conflicts with a supranational legal
system in which the state has treaty obligations. For example, the European Union
adopts a supranational framework, with the European Court having supremacy over
all member state courts in EU legal rights.
D. The Emergence Of Modern International Law

The 15th century saw a convergence of factors that contributed to the

accelerated development of international law into its current framework. The entry of
Greek scholars from the collapse of the Byzantine Empire, along with the introduction
of the printing press, encouraged the development of science, humanism, and the idea
of individual rights. Increased navigation and exploration by Europeans challenged
scholars to design conceptual frameworks for relations with different people and
cultures. The creation of centralized states such as Spain and France brought more
wealth, ambition and trade, which in turn required increasingly sophisticated rules and
regulations. increasingly sophisticated rules and regulations.

The Italian peninsula, divided between various city-states with complex and
often fractured relationships, later became an early incubator of international legal
theory. The jurist and law professor Bartolus da Saxoferrato (1313–1357), who was
well versed in Roman and Byzantine law, contributed to an increasingly relevant area
of "conflict of law" involving disputes between individuals and private entities in
different sovereign jurisdictions; thus he is considered to be the founder of
international private law. Another Italian jurist and legal professor, Baldus de Ubaldis
(1327–1400), provided numerous commentaries and compilations of Roman,
ecclesiastical, and feudal law, thus creating an organized source of law that different
nations could refer to. The region's most famous contributor, Alberico Gentili (1552-
1608), considered the founder of international law, wrote one of the earliest works on
the subject, De Legationibus Libri Tres, in 1585. He wrote several more books on
various problems in law. international, notably De jure belli libri tres (Three Books on
the Law of War), which provides comprehensive commentary on the laws of war and
treaty, Spain, whose global empire spurred a golden age of economic and intellectual
development in the 16th and 17th centuries, produced contributors major for
international law. Francisco de Vitoria (1486-1546), concerned about the treatment of
indigenous peoples by Spain, used state law as the basis for their dignity and innate
rights, articulating an early version of equality of sovereignty between peoples.
Francisco Suárez (1548–1617) emphasized that international law is founded on
natural law.
E. Establishment of the "Westphalia System"

The development of the 17th century culminated in the end of the "Peace
of Westphalia" in 1648, which is considered an important event in international
law. The resulting "sovereignty of Westphalia" establishes the current
international legal order characterized by independent sovereign entities known as
"nation states", which share sovereignty equality regardless of size and power,
defined primarily by inviolability and non-interference. hand in the domestic
affairs of a sovereign state. Relations between countries are largely determined by
treaties, agreements between countries to behave in a certain way, cannot be
enforced except by coercion, and are not binding except as a matter of honor and
loyalty.

One of the first instruments of modern international law was the Lieber
Code of 1863, which governed the behavior of US troops during the US Civil
War, and is considered the first written reading of the rules and articles of war to
which all civilized people adhere. nation. This led to the first prosecution for war
crimes, in which a Confederate commander was tried and hanged for holding
prisoners of war in cruel and lecherous conditions in Andersonville, Georgia. In
the following years, other states followed their conduct, and many treaties and
other bodies were created to regulate the behavior of states with one another,
including the Permanent Court of Arbitration in 1899, and the Hague and Geneva
Conventions, which first passed in 1864. The concept of sovereignty was spread
around the world by European powers, which had established colonies and
influence in nearly every society. Positivism reached its peak in the late 19th
century and its influence began to diminish the bloodshed of the unprecedented
First World War, which prompted major international organizations such as the
League of Nations, which was founded in 1919 to maintain peace and security.
International law is beginning to include more naturalist notions such as self-
determination and human rights. The Second World War accelerated these
developments, leading to the message, the United Nations, whose Charter
enshrines principles such as non-aggression, non-intervention and collectivity. A
stronger international legal order has followed, supported by bodies such as the
International Court of Justice and the United Nations Security Council, and
multilateral treaties such as the Genocide Convention. The International Law
 Commission (ILC) was founded in 1947 to help develop, draft and address
international law

After becoming geographically international in the colonial expansion of

European powers, international law became truly international in the 1960s and
1970s, when rapid decolonization around the world resulted in the orders of a
number of newly independent states. The differing political and economic
interests and needs of these countries, together with their diverse cultural
backgrounds, exert a renewed influence on the principles and practices of
international law that hitherto dominated Europe. Various kinds, from the World
Health Organization to the World Organization, promote the development of
stable and predictable legal orders with rules governing nearly every domain. The
phenomenon of globalization which leads to the rapid integration of the world in
the field,economy, politics, and even culture are one of the biggest challenges in
realizing a truly international legal system.

F. Trities

"Trities" means an agreement that has been agreed upon by many countries
which is summarized and validated in writing and then governed by international
law. Because of this definition, it causes an agreement that must meet the
following criteria:
1. Have terms for the deal
2. Requirements that must be agreed upon by other legal subjects. However,
this agreement does not include agreements that have been signed between
countries.
3. Requirements to be governed by international law, whereby all the terms
made and governed by domestic law will not be considered a treaty.
4. The absence of instrument requirements, for example when France sent a
letter stating increasing their contribution to the North Atlantic Alliance
budget and the USA accepting the commitment, it is said to have formed
an agreement.
5. There is no bookmark requirement.
  Bilateral Trities
This agreement was made by the two countries, this agreement was
created by the two countries and ratified in writing. This agreement contains
many things, it can be about trade, political alliances, and others.
An agreement between two parties can take effect in two ways. The
first is when both parties have met certain conditions to enter into an
agreement. The second way in which the agreement is enforced is when both
parties decide to be bound by the agreement on a certain date. Bilateral
agreements usually become active and are enforced by the second option
when both parties agree to enforce an agreement that starts on a
predetermined date.

 Multilateral Trities

This trities entered into by three or more countries. Each country has
the same obligations and rights. There are many examples in this agreement,
for example the Geneva Convention, International Crime, and others.

A bilateral agreement is an agreement between two countries. A

bilateral agreement can become a multilateral agreement if another new
party succeeds or accepts it.

G. International Custom

Efforts to codify customary international law took place after the second
World War with the creation of an international law commission under the
auspices of the United Nations. The general principles that reside in law are those
usually recognized by the laws of the world. Certain norms of international law
achieve norm-binding power which includes all countries without exception.
Generally, a state must declare its agreement in order to be bound by a treaty.
Exceptions are given to countries that are persistent objectors, or in other words,
countries that continuously oppose the existence of an international custom.
International custom is not only about multilateral agreements, but also about
 regional agreements. Because, the regional existence has been legalized by
international law.

H. Statehood and Responsibility.

The existence of a country requires the existence of control and rights over the
existing territory. International law also regulates the acquisition of territory, legal
responsibility, and state immunity. International law is also used to regulate issues
related to global communications, world trade, and so on.
Literally, all countries are equal and sovereign. As a result of the idea of
sovereignty, the value and authority of international law depends on the voluntary
participation of states in its formulation, enforcement and adherence to it.
Meanwhile, traditionally, a sovereign state is the only subject of international
law. Recent interpretations of human rights and international trade law have been
followed and include companies and even certain individuals.
The conflict between international law and national sovereignty is a matter of
debate and dispute. Many people today view the state as the main unit in a series
of international laws. Some politicians in politics think that this development is
dangerous for the nation state by taking over power from the state government.
Although on the one hand European democracies support a broad and
universal interpretation of international law, many other democracies have
different views. Democracy in developing countries, for example, because of past
history, often demands and rejects interference from foreign countries, especially
regarding human rights standards. However, not infrequently, they often support
the United Nations, especially in the case of the use of force.
I. Conclusion
International law is the law of nations, law between nations or law between
nations. The laws of the nations were used to denote the customs and laws of the
laws that prevailed in the relationship between ancient kings. Law between
nations or laws between countries refers to the complex of principles and
principles governing the relationship between members of society, nations or
states.
The emergence of various doubts and questions about the existence and
existence of international law as a legal system is answered by using an ontology
study that studies something that "exists". Doubts and questions are answered with
evidence that states the rapid development of international law itself and the level
of compliance and needs of international legal actors with international law. This
is sufficient to prove that international law "exists".