History of international law

à Classic international law

1648: Peace of Westphalia

- End of the 30´years war: between protestants & Catholics. The pope and the king.
- Society of states. All states are equal
- European
- Eurocentric
- Minimum
- Licit use of force

1776: US independence
- Outside Europe, America.
- Minimum
- Less Eurocentric
- Christian

1789: French Revolution

- Sovereignty
- Will of the people
- Parliament: ratifies decisions
- Power: no God, but the will of the population.

1815: Congress of Vienna.

- Juxtaposition evolved to cooperation.
- Cooperation
- Institutionalization
- Needs common to all neighbours. Only solved through cooperation of states.
- European powers cooperate: international conferences.
o Example: source of power. Material/practical. Use of Danube: create a power to
administer the rivers: to not stop at every state: road to cross countries.
- 1st international organization. At that time called “Administrative Union” à international
thing to do something created by state to do something. New in international society. This for
rivers, after for mails, letters, stamp. British 1840, Spain 1850… stamps. Then telegrams
(International communications union).

1856: Crimean War

- ottoman empire & Russia: Russia wanted to conker it.
- France and UK should support Russia, but ended up supporting the Ottoman Empire.
- New actor à join international society
- Ottoman Empire now was part of international society: European states.
- No longer Christian, although majority Muslim. Others Christians. But they were all
Civilized. Up to the civilized to decide if the others are civilized.
- International society: civilized nations. The rest, are terra nullius, primitive people are not
important. Later on, Japan joined the club: they are civilized.
- Semi-civilized nations: minor children. Morrocko, Persha, Iran, Thailand, China: can have
treaties, rights, obligations… but not equal to the civilized. They have to be protected.
- Uncivilized: they can be conquered, converted into colonies… Bantú… they do not exist.

1885: Berlin Conference.

- Arrange conference in Berlin. They decide the rules to colonize of Africa.
- The Scramble of Africa.
- Applying the principles of this conference. When you are in a Terra Nullius and meet with
another man of another power, it is the border.
- Example: doctor Stalin and Livingston
 - Limit in the use of force? “Ius in bello”: man with white flag, you can’t kill him. Explosive
bullets prohibited. “Ius ad bellum”: When can you use force
- First time it is started to be limited the means when you use force.

1885 after: colonization, until 1919.

1907: European concert:

- they fix in written the law of armed conflict.
- Arbitration: before force between countries, other alternatives: binding. That prevents use of
force.
- Peace Palace & Permanent Court of Arbitration
- Idea of unlimited use of force lowering down: limitations

1919: Treaty of Versailles

- End WW1
- Germany defeated.
- Colonized them if it had been before. But different in this case. They take the lands of the
Ottomans and Germany, into mandates. They are administered by countries, petition by
League of Nations (keep peace). Mandates: inhabitants of mandates, primitive people, only
to be consultant in a time period. They can’t administer themselves in the short-term. In the
long-term yes. Report of each year, in order to increase the civilization of the areas. From
mandates to civilized. Once civilized, can become independent.
- League of nations.
- Use of force licit, but only 3 months later. After a 3 months freezing period. In this 3 months,
you should explore other possibilities/alternatives.
- International labour organization: fixes minimum rights for workers.

1928
- Pact Briand(Fr) Kellogg(US)
- Treaty of these 2 countries. After others adhere like Germany. You can attack if they attack
you: Germany WW2 attacked because Poland, a country they protected, got attacked.
- Renounce of the use of force. By themselves they abstain of using force in international
relation from now onwards.
- Society changes.
- Still legal, but some states decide to be illegal to them.

à Contemporary international law

1945
- 1939 starts
- WW2 ends
- UN Charter created in the San Francisco Conference.
- Changes in international law: force is forbidden. Except if you are using self-defence, or UN
SC Resolution when UN says you are allowed to use force.
- Former colonies that became mandates, changed the name, and became Trusteeship: land
with uncivilized people that should not be independent until they can.

1960
- UN GA Resolution 1514 XV: all countries are civilized. No justification for keeping the
trusteeship or colonies. All places are civilized, thus no more control. Civilization is the aim
of international society, thus no more need of colonies.
- Decisions not binding, but most places decided to become independent.

1970
- UN GA Res 2625 XXV: codifies the basic principles of international society. Similar to UN
Charter, plus + new principles.
- UN Charter 1945: equality of states, prohibition of force, good faith, peaceful solution.
 - UN GA Res: helpful to obey the UN & not interfere in internal affairs of states à adds self
determination, cooperation, non interference. All international society should accept these
features of international law.

1989
- Fall Berlin Wall.

1991
- Kuvait, Iraq.
- UN Res: states authorized to use force to support Kuvait.

1994
- Last Trusteeship ended Palau

1999
- Kosovo crisis. Serbia, part of Yugoslavia state, and Kosovo part of Serbia. Kosovo 10%
Serbian, 90% Albanian. 90% excluded. Serbia wanted these % to get out. Suicide. Genocide.
- UN told Serbia to stop, or use of force. Russia supported Serbia.
- NATO bombed Serbia. Not authorized in international law. No resolution SC, no self-
defence. Justification? Humanitarian Intervention. Someone has to act. 2 months of bombing.
At the end Serbia stopped. This exception was not authorized. Practice of HI of states, but it
has to be examined. It Is disputed.

2003
- Iraq. UN resolution to ratified what US did in Iraq.
- IRAZ massive disruption of 1991, did they comply? Discussion.

2019
- Society is changing. Law is changing.
- Disruptive element: Donald Trump. He adapts to international society? One of the most
threatening features of today’s society.