Law 2101 Study Guide - Quiz Guide: Terra Nullius, Jus Gentium, Dutch East India Company
Document Summary
Last session: 1648 as rise of modern states-system = myth, modern il emerges in (late) c19 impact of positivism. International law is indeterminate always pulled between what it is and what it should be: continued balancing act between positivist and naturalist aspiration of il. Il is indeterminate; creates political space for contestation. Il didn"t emerge in isolation from empires: il"s imperial features continue to have important implications to this day. Law (2004: old conventional narrative: il developed for inter-state interaction on european continent, now clear: 1500-1800 il = many expansion developments driven by european expansion overseas (especially sovereignty). Il justified: (1) european actions towards indigenous populations, (2) european actions towards other european overseas. Awkward tension: rule #1 territories found overseas are terra nullius" and can be claimed by. Indians possess reason and indians are the spaniards" legal equals but these are not sufficient legal arguments against spanish invasions.
