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The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book Introduction to the Principles of Morals and Legislation to replace the older law of nations, a direct translation of the late medieval concepts of ius gentium, used by Hugo Grotius, and droits des gens, used by Emer de Vattel.
Article 38(1) of the Statute of the International Court of Justice is generally recognized as a definitive statement of the sources of international law. [2] It requires the Court to apply, among other things, (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general ...
Many early international legal theorists were concerned with axiomatic truths thought to be reposed in natural law.Sixteenth century natural law writer, Francisco de Vitoria, a professor of theology at the University of Salamanca, examined the questions of the just war, the Spanish authority in the Americas, and the rights of the Native American people.
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The translations had a large influence on the approval of modern international law in Asia. [7] Wheaton's was the first book to introduce international law to East Asia in full scale. [ 9 ] In listing Henry Wheaton among "prominent jurists of the nineteenth century," Antony Anghie comments on the "several editions" of Elements of International ...
In Roman law and legal traditions influenced by it, ius gentium or jus gentium (Latin for "law of nations" or "law of peoples") is the law that applies to all gentes ("peoples" or "nations"). It was an early form of international law , comprising not a body of statute law or legal code , [ 1 ] but the customary law thought to be held in common ...
Basic concepts of international law such as treaties can be traced back thousands of years. [1] Early examples of treaties include around 2100 BC an agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their two states. [2]
The International Court of Justice acknowledged in the Reparation for Injuries case that types of international legal personality other than statehood could exist and that the past half century has seen a significant expansion of the subjects of international law. Apart from states, international legal personality is also possessed by ...