PHIL 2050 Lecture Notes - Lecture 38: Hugo Grotius, Terra Nullius, International Criminal Court
Document Summary
Grotius offers several principles to show the continuity between international law and municipal law: both rely on morality (and god) for their normative force, bot rely on our natural desire to live both in society and at peace, both rely on rationality to enable justice and peace, both rely on mutual consent to constrain action within the limits of law, both are bolstered by the common advantage to be gained by adhering to the law, as both the individual and the state that transgresses the law of nature and of nations cuts away also the bulwarks which safeguards its future peace (c375) Established many of the modern features of international law, including: the sovereign state as the fundamental subject of international law, the principle that sovereign states would abstain for interfering in the internal policies of other states (especially the religious practices of other states, the system of making treaties as the primary sources of international law.