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    PIL Lecture Notes - Week 1

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    Yoshita Sood
    The document discusses the origins and evolution of public international law. It notes that international law initially had theological foundations dating back to Columbus' expedition to the Americas in the 1490s. Francisco de Vitoria and Hugo Grotius were early thinkers who helped develop the foundations of the discipline. The Treaty of Westphalia in 1648 established some principles of secular international relations. The United Nations later shifted the focus of international law from war to peace. International law now addresses individual rights, state formation processes, and challenges to state structures, moving beyond just focusing on state sovereignty.

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    PIL Lecture Notes - Week 1

    Uploaded by

    Yoshita Sood
    31 views3 pages
    The document discusses the origins and evolution of public international law. It notes that international law initially had theological foundations dating back to Columbus' expedition to the Americas in the 1490s. Francisco de Vitoria and Hugo Grotius were early thinkers who helped develop the foundations of the discipline. The Treaty of Westphalia in 1648 established some principles of secular international relations. The United Nations later shifted the focus of international law from war to peace. International law now addresses individual rights, state formation processes, and challenges to state structures, moving beyond just focusing on state sovereignty.

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    PIL week 1

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    The document discusses the origins and evolution of public international law. It notes that international law initially had theological foundations dating back to Columbus' expedition to the Americas in the 1490s. Francisco de Vitoria and Hugo Grotius were early thinkers who helped develop the foundations of the discipline. The Treaty of Westphalia in 1648 established some principles of secular international relations. The United Nations later shifted the focus of international law from war to peace. International law now addresses individual rights, state formation processes, and challenges to state structures, moving beyond just focusing on state sovereignty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    31 views3 pages

    PIL Lecture Notes - Week 1

    Uploaded by

    Yoshita Sood
    The document discusses the origins and evolution of public international law. It notes that international law initially had theological foundations dating back to Columbus' expedition to the Americas in the 1490s. Francisco de Vitoria and Hugo Grotius were early thinkers who helped develop the foundations of the discipline. The Treaty of Westphalia in 1648 established some principles of secular international relations. The United Nations later shifted the focus of international law from war to peace. International law now addresses individual rights, state formation processes, and challenges to state structures, moving beyond just focusing on state sovereignty.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Lecture Notes (Fall Semester 2022) Public International Law/LL.B.

    2021
    Nizamuddin Ahmad Siddiqui, JGLS Strictly for Internal Circulation

    Week No. 1

    LECTURE TITLE: THE MANY “FIELDS” OF INTERNATIONAL LAW DISCOURSE

    Topic(s) Covered:

    The origins and the purpose of public international law.


    The theological foundations.
    Columbus’ expedition to Americas (1490s).
    Francisco Vitoria (de Relicto) and Hugo Grotius (more geometrico).
    Treaty of Westphalia - 1648
    United Nations and shifting trends – from war to peace.
    State sovereignty v. State autonomy

    Summary:

     The words “public”, “international” and “law” are all contested. We need to deconstruct the
    philosophy of international law (John Tasioulas)
     That international law took birth in the context of the Christian theology. This is evidenced
    by Columbus’ discovery and treatment of the native Indians in Americas during the 1490s.
    While the discovery marked the beginning of civilization, it also brought, the often
    neglected, theological narrative at the forefront. (Alan Mikhail)
     The Columbus’ expedition also paved way for what we call as the beginnings of international
    law. The School of Salamanca, led by Francisco Vitoria, was at the forefront to lay the
    foundations of the discipline. (Martti Koskenniemi, Antony Anghie)
     The international law that developed till Hugo Grotius could be called as “primitive” since it
    had the germ-seeds for the modern form of international law that we received centuries
    later. (David Kennedy)
     The origin of international law happened on a scientific template, with Hugo Grotius taking
    lessons from Cartesian Geometry to develop the discipline more geometrico (Hendrik
    Hommes, B.P. Vermeulen)
     The origins of international law are rooted in contestations around the Christian theology –
    Vitoria (Catholic) was pitted as the real originator of international law as against Hugo
    Grotius (Protestant) (J.B. Scott, J.B. Scott and Paolo Amorosa); Treaty of Westphalia, 1948
    (also known as Peace of Westphalia), which attempted to settle disputes between
    Protestants and Catholics, paved the foundations for a secular international relations
    (Anuschka Tischer).
     International law also has the civilizational angle – that it was the product of civilizational
    interaction (Yasuaki Onuma)
     The original template of international relations has been of war, and peace was an exception
    that required to be negotiated – Westphalia, 1648; Kellogg-Briand Pact, 1928 (outlying war
    as an instrument of international relations through a negotiated treaty) etc.
     The establishment of U.N. marks a departure in international law. It establishes peace as the
    normal template and war as an exception – Art 2(4) (prohibition of the use of force); Art 2(7)
    (respect for territorial integrity); Art 51 (individual self-defence); Art 42/43 (collective
    security).
     International law primarily talked about the states and therefore whatever the states do was
    deemed part of the corpus, especially the rights of the states (individual
    autonomy/sovereign equality) (James Brierly). The discipline completely disregarded the

    1
    Lecture Notes (Fall Semester 2022) Public International Law/LL.B. 2021
    Nizamuddin Ahmad Siddiqui, JGLS Strictly for Internal Circulation
    structure of the state, the formative processes involved in establishment, the rights of the
    citizenry at the hands of the state etc.
     However, international law today talks about individual rights/collective rights (human
    rights); the formative processes of a state (Democracy - Hilary Charlesworth and
    Constitutionalization - Anne Peters); and, the challenges to the liberal foundations of the
    state (Populism - James Crawford, Heike Kreiger, Martti Koskenniemi and Anne Orford)

    2
    Lecture Notes (Fall Semester 2022) Public International Law/LL.B. 2021
    Nizamuddin Ahmad Siddiqui, JGLS Strictly for Internal Circulation

    Lecture No. 2/Week No. 2

    LECTURE TITLE: THE TERRAINS OF INTERNATIONAL LAW; ITS GEOGRAPHY FROM THE SOUTH

    Topic(s) Covered:

    Summary:

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