The Medieval Foundations Of International Law

Dante Fedele’s new work of reference reveals the medieval foundations of international law through a comprehensive study of a key figure of late medieval legal scholarship: Baldus de Ubaldis (1327-1400).

Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.

The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there ‘medieval’ answers to ‘modern’ questions? is the modern world still working its way through the Middle Ages? to what extent is the ‘modern outlook’ genuinely secular? is there a ‘theology’ of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .

Introduction -- Universal authorities and territorial l polities -- The Pope's sovereignty and the relationship between the Emperor and the Pope -- Kingdoms -- Signorie and Vicariates -- Cities that recognise no superior -- Feudo-Vassalic relations and territorial jurisdiction -- Diplomacy -- War and reprisals -- Conclusion.

Was there international law in the Middle Ages? Using treaties as its main source, this book examines the extent to which such a system of rules was known and followed in the period 700 to 1200. It considers how consistently international legal rules were obeyed, whether there was a reliance on justification of action and whether the system had the capacity to resolve disputed questions of fact and law. The book further sheds light on issues such as compliance, enforcement, deterrence, authority and jurisdiction, challenging traditional ideas over their role and function in the history of international law. International law in Europe, 700–1200 will appeal to students and scholars of medieval Europe, international law and its history, as well as those with a more general interest in warfare, diplomacy and international relations.

Law | Book | Culture in the Middle Ages takes a detailed view on the role of manuscripts and the written word in legal cultures, spanning the medieval period across western and central Europe.

The purpose of this volume is to explore the medieval inheritance of modern international relations. Recent years have seen a flourishing of work on the history of international political thought, but the bulk of this has focused on the early modern and modern periods, leaving continuities with the medieval world largely ignored. The medieval is often used as a synonym for the barbaric and obsolete, yet this picture does not match that found in relevant work in the history of political thought. The book thus offers a chance to correct this misconception of the evolution of Western international thought, highlighting that the history of international thought should be regarded as an important dimension of thinking about the international and one that should not be consigned to history departments. Questions addressed include: what is the medieval influence on modern conception of rights, law, and community? how have medieval ideas shaped modern conceptions of self-determination, consent, and legitimacy? are there ‘medieval’ answers to ‘modern’ questions? is the modern world still working its way through the Middle Ages? to what extent is the ‘modern outlook’ genuinely secular? is there a ‘theology’ of international relations? what are the implications of continuity for predominant historical narrative of the emergence and expansion of international society? Medieval and modern are certainly different; however, this collection of essays proceeds from the conviction that the modern world was not built on a new plot with new building materials. Instead, it was constructed out of the rubble, that is, the raw materials, of the Middle Ages.This will be of great interest to students and scholars of IR, IR theory and political theory. .

This book explores ways in which both the theory and the practice of international politics was built upon Roman private and public law foundations on a variety of issues including the organization and limitation of war, peace settlements, embassies, commerce, and shipping.

Justice among Nations tells the story of the rise of international law and how it has been formulated, debated, contested, and put into practice from ancient times to the present. Stephen Neff avoids technical jargon as he surveys doctrines from natural law to feminism, and practice from the Warring States of China to the international criminal courts of today. Ancient China produced the first rudimentary set of doctrines. But the cornerstone of international law was laid by the Romans, in the form of universal natural law. However, as medieval European states encountered non-Christian peoples from East Asia to the New World, new legal quandaries arose, and by the seventeenth century the first modern theories of international law were devised.New challenges in the nineteenth century encompassed nationalism, free trade, imperialism, international organizations, and arbitration. Innovative doctrines included liberalism, the nationality school, and solidarism. The twentieth century witnessed the League of Nations and a World Court, but also the rise of socialist and fascist states and the advent of the Cold War. Yet the collapse of the Soviet Union brought little respite. As Neff makes clear, further threats to the rule of law today come from environmental pressures, genocide, and terrorism.

This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.