Clase I Historia del Derecho Internacional Público. Dr Luis Manuel Marcano Salazar

Introduction to International Public Law

Overview of the Blog and Educational Philosophy

• The speaker introduces their blog, focusing on topics related to law, international relations, history, and education.

• Emphasizes the importance of providing students with necessary tools for academic success, linking teacher effectiveness to student achievement.

Importance of Teacher-Student Relationship

• Highlights that students must approach their studies with honesty and seriousness while receiving support from teachers to maximize their potential.

• Stresses the need for students to prepare materials before and after classes for meaningful learning experiences.

The Evolution of Public International Law

Historical Context and Significance

• Discusses the significance of studying history to understand present-day legal frameworks and societal developments.

• Introduces Edward H., a British historian who views history as subjective, emphasizing individual author perspectives in historical narratives.

Framework for Analysis

• Plans to analyze public international law evolution using Frederich Personada's periodization from "Relaciones Internacionales" (2000).

Periods in Historical Development

Pre-State Era

• Defines the pre-state era where legal protection was not solely under state authority; societies were organized into tribes without modern nation-states.

• Describes how justice was administered through private self-help mechanisms like blood vengeance and divine justice among non-European peoples.

Legal Concepts in Pre-State Societies

• Notes that pre-state societies had unique legal concepts such as asylum rights and treaty inviolability despite lacking a consolidated international body.

Early Treaties and Diplomatic Relations

Ancient Treaties

• Mentions Mesopotamia as home to one of the earliest known international treaties around 30 BC between Ignatarum of Lagash and UNA.

Cultural Influences on Law

• Discusses how ethnic, linguistic, religious, and cultural factors influenced early legal systems despite political fragmentation among city-states.

Development of Greek International Law

Pan-Hellenic Legal Practices

• Explains that ancient Greeks established a form of intra-Hellenic or pan-Hellenic law based on common practices sanctioned by religion.

Diplomatic Normative Structures

• Describes frequent diplomatic relations among city-states with clear agreements governing interactions.

This structured summary captures key insights from the transcript while maintaining clarity and organization. Each bullet point is linked directly to its corresponding timestamp for easy reference.

Ethical and Legal Principles in International Law

Foundations of International Law

• The establishment of ethical and legal principles that apply universally to all individuals, regardless of distinction.

• In Roman law, internal law facilitated the development of international law; priests (fetiales) played a crucial role in declaring war and peace.

• The concept of "ius gentium" emerged to fill the normative gap for foreign peoples who lacked civil rights under Roman law.

Evolution of "Ius Gentium"

• "Ius gentium" differentiated from civil law due to its flexibility in addressing common needs among diverse peoples.

• It evolved into a form of universal private law incorporating public law institutions during medieval Christian times.

Medieval Christian Law Characteristics

• The emergence of independent kingdoms (e.g., Franks, Visigoths, Ostrogoths) led to an international order influenced by violence and warfare.

• Key features included efforts by the Church to reduce conflicts, prohibition of feudal wars, and military conduct guided by chivalric ideals.

Treaties and Diplomacy

• Public wars between kingdoms were subject to conditions; arbitration often involved the Pope as a significant authority.

• The classical international system began with the Peace of Westphalia (1648), ending the Thirty Years' War and establishing sovereign states with defined territories.

Development of European International Law

Characteristics Post-Westphalia

• The Peace established equality between Catholicism and Lutheranism internationally; it introduced balance-of-power principles reflected in treaties like Utrech (1713).

• Permanent diplomatic representations became common from the 10th century but did not ensure stable international order due to dynastic solidarities.

Challenges in Diplomacy

• Despite claims for equality post-Westphalia, observable inequalities persisted within diplomatic practices.

• The practice of swearing oaths for treaty confirmation declined while divine invocation remained prevalent.

Intellectual Developments in International Law

Doctrinal Contributions

• Diverse literature reflects intellectual depth among scholars; Hugo Grotius is noted as a key figure in public international law's inception during the 17th century.

Spanish Contributions

• Spanish theologians like Francisco de Vitoria significantly contributed to early concepts of public international law alongside positivist thinkers such as Ricardo Soach.

Transitional International System: 1789 - 1945

Overview

• This period marks a transition characterized by continued reliance on force as an instrument for foreign policy even after World War I.

Historical Context of International Law

The Era from the French Revolution to World War II

• The period under discussion spans from the French Revolution in 1789 to the end of World War II in 1945, marking significant developments in international law.

• Jeremías Betan published his project for universal and perpetual peace in 1789, advocating for transparency in diplomacy and freedom of press as essential elements of international relations.

• Betan emphasized the need for codifying international law, highlighting key issues such as disarmament, prohibition of aggressive alliances, establishment of arbitration courts, and promoting free trade.

Key Historical Events Influencing International Law

• The Congress of Vienna in 1815 was pivotal for establishing stability in Europe post-Napoleonic Wars and initiated a framework for international river navigation rights.

• The final act of the Congress addressed the abolition of the slave trade, reflecting evolving moral standards within international law.

Prelude to World War I

• The First World War (1914-1918), starting with tensions between Austria-Hungary and Serbia, escalated into a broader European conflict involving 32 nations due to underlying nationalistic fervor and militarization trends since 1871.

• The assassination of Archduke Franz Ferdinand on June 28, 1914, acted as an immediate catalyst for hostilities but was rooted in deeper economic and political rivalries across Europe.

Transitioning into World War II

• Following WWI, France, Britain, and the U.S. sought to limit Germany's military capabilities while restructuring Europe; however, political disagreements during the interwar period led to rising tensions that contributed to WWII.

• Attempts at establishing lasting peace included forming the League of Nations in 1920 aimed at peaceful dispute resolution among nations.

International Treaties and the Evolution of Public International Law

The Locarno Pact and the Kellogg-Briand Pact

• The Locarno Treaties, signed in Switzerland in 1925, guaranteed Franco-German borders and included an arbitration agreement between Germany and Poland.

• The Kellogg-Briand Pact, celebrated in Paris in 1928, was signed by 63 nations renouncing war as a tool of national policy, committing to peaceful conflict resolution.

• These principles were later incorporated into the United Nations Charter, with signatory countries agreeing not to use war for self-defense or political means.

Post-WWI Developments and Rise of Totalitarianism

• Post-war Germany adopted a democratic constitution under the Weimar Republic; however, nationalist totalitarian movements gained traction during the 1920s.

• Fascism emerged as a response to perceived inefficiencies of democracy, promising effective governance against communism. Benito Mussolini established Italy's first fascist dictatorship in 1922.

• Adolf Hitler rose to power by promising to overturn the Treaty of Versailles and expand German territory based on notions of racial superiority.

Impact of Economic Crisis on Political Landscape

• The Great Depression severely impacted Germany; moderate parties failed to find solutions, leading many citizens to support extremist groups like the Nazis.

• Hitler became Chancellor in 1933 through political maneuvering and later established a dictatorship. He violated disarmament clauses from Versailles by rearming Germany.

Spanish Civil War and Axis Powers Formation

• During the Spanish Civil War (1936–1939), Germany supported rebel forces alongside Italian troops after their conquest of Ethiopia (1935–1936).

• From 1936 to 1941, treaties among Germany, Italy, Japan, Hungary, Romania, and Bulgaria formed the Axis powers—Rome-Berlin-Tokyo axis.

Aftermath of WWII: New International Legal Framework

• WWII led to significant changes in international law; Nuremberg Trials held leaders accountable for crimes against humanity while similar trials occurred for Japanese officials.

• The post-WWII era saw the establishment of the United Nations aimed at promoting global peace despite emerging bipolarity between the U.S. and USSR during the Cold War.

Cold War Dynamics and Human Rights Issues

• The Cold War featured ideological conflicts between right-wing democracies and leftist governments globally; notable events included Korea's conflict and Vietnam War.

• The end of the Cold War marked a shift towards an unstable unipolar world with increased interventions by major powers under UN auspices.

Contemporary Challenges: Terrorism and International Law

• Post September 11th developments highlighted rising international terrorism leading to new global conflicts whose consequences are still unfolding today.

• Despite extensive literature on public international law during this period, its effectiveness in curbing violence remains questionable amid power struggles among major states.

International Public Law and Notable Authors

Key Authors in International Public Law

• The discussion highlights prominent authors in the field of international public law, including Alfred Bedros, Hans Kelsen, García Treyz, Max Sorensen, and Remiro Brotons.

• Venezuelan authors are also recognized for their contributions to international public law, with notable mentions being Víctor Rodríguez Cedeño (affectionately known as Vitoco), Francisco Villarruel, Daniel Guerra Iñigues, and Jesús Ollares.

Importance of Their Works

• The works of these authors are deemed crucial for the study of contemporary international public law.

• A future video is planned to explore the definition and objectives of international public law as part of an ongoing educational process.