Hin Sejarah Hukum Internasional

Copyright by Hikmahanto Juwana 2005 (c)*Kuliah Sejarah Hukum InternasionalProf. Hikmahanto Juwana

Copyright by Hikmahanto Juwana 2005 (c)

Copyright by Hikmahanto Juwana 2005 (c)*Skema paparan Sejarah Hukum Internasional berdasarkan buku Prof Mochtar *


Copyright by Hikmahanto Juwana 2005 (c)*History of International Law according to Carter & Trimble (pp. 9-10)The contemporary system of international relations is built on the assumption that the nation-state is the primary actorModern nation-state is a relatively recent product of political development in Western EuropeGenerally, this is traced to the Renaissance and Reformation, the expansion of trade in the 15th and 16th centuries, and the European discoveries of the New WorldIntellectually, the doctrine of sovereignty and the idea of the secular, territorial state are intimately associated with the creation of the modern system


Copyright by Hikmahanto Juwana 2005 (c)*Of, course there had been well-organized political units in Europe before this period.There were great empires from millennia in China, Japan, India, Southease Asia, and the Middle East.Those empires had relations with other peoples, and hence there have been many systems of law that can be seen as predecessors to modern international law


Copyright by Hikmahanto Juwana 2005 (c)*Even though most of the more than 150 states today are non-European, the contemporary system of international law is based on the European model developed over the past four centuries


Copyright by Hikmahanto Juwana 2005 (c)*StarkeThe modern system of international law is a product, roughly speaking, of only the last four hundred years.It grew to some extent out of the usages and practices of modern European states in their intercourse and communications,


Copyright by Hikmahanto Juwana 2005 (c)*But any historical account of the system must begin with earliest times, for even in the period of antiquity rules of conduct to regulate the relations between independent communities were felt necessary and emerged from the usages observed by these communities in their mutual relations


Copyright by Hikmahanto Juwana 2005 (c)*Treaties, the immunities of ambassadors, and certain laws and usages of war are to be found many centuries before the dawn of Christianity, for example in the ancient Egypt and India, while there were historical cases of recourse to arbitration and mediation in the ancient China and in the early Islamic world,


Copyright by Hikmahanto Juwana 2005 (c)*In the period of Romes dominance of the ancient world, there also emerged rules governing the relatins between Rome and the various nations or peoples with which it had contactThe Roman law provided analogies and principles capable of ready adaptation to the regulation of relations between modern states


Copyright by Hikmahanto Juwana 2005 (c)*Conditions favourable to the growth of a modern law of nations did not really come into being until the 15th century, when in Europe there began to evolve a number of independent civilised statesAt a certain period of Roman history with the authority of the Roman Empire extending over the whole civilised world, there were no independent states in any sense, and therefore a law of nations was not called for


Copyright by Hikmahanto Juwana 2005 (c)*During the medieval era, there were two matters particularly which militated against the evolution of a system of international law:The temporal and spiritual unity of the greater part of Europe under the Holy Roman EmpireThe feudal structure of Western Europe, hinging on a hierarchy of authority which not only clogged the emergence of independent states but also prevented the Powers of the time acquiring the unitary character and authority of modern sovereign states


Copyright by Hikmahanto Juwana 2005 (c)*Profound alterations occurred in the 15th and 16th centuries. The discovery of the New World, the Renaissance of learning, and the Reformation as a religious revolution disrupted the faade of the political and spiritual unity of Europe, and shook the foundations of medieval ChristendomTheories were evolved to meet the new conditions; intellectually, the secular conceptions of a modern sovereign state and of a modern independent Sovereign found expression in the workd of Bodin, Machiavelli and Hobbes


Copyright by Hikmahanto Juwana 2005 (c)*An important fact also was that by 15th and 16th centuries jurists had begun to take into account the evolution of a community of independent sovereign states and o think and write about different problems of the law of nations, realising the necessity for some body of rules to regulate certain aspects of the relations berween such states


Copyright by Hikmahanto Juwana 2005 (c)*The history of the law of nations during the two centuries after Grotius was maked by the final evolution of moden state-system in Europe, a process greatly influenced by the Treaty of Westphalia of 1648 marking the end of the Thirty Years War, and the development from usage and practice of substantional body of new customary rules


Copyright by Hikmahanto Juwana 2005 (c)*In the 19th century international law further expanded, due toFurther rise of a powerful of a new states both within and outside EuropeThe expansion of European civilisation overseasThe modernisation of world transportThe greater destructiveness of a modern warfareThe influence of a new inventions


Copyright by Hikmahanto Juwana 2005 (c)*Scholars of International LawAmong the early writers who made important contributions to the infant science of the law of nations were:VittoriaBelliBrunusFernando Vasquez de MenchacaAyalaSuarezGentilis


Copyright by Hikmahanto Juwana 2005 (c)*By general acknowledgement the greatest of the early writers on international law was the Dutch scholar, jurist and diplomat, Grotius (1583-1645), whose systematic treatise on the subject De Jure Belli ac Pacis (The Law of War and Peace) first appeared in 1625On account of this treatise, Grotius has sometimes been described as the father of the law of nations


Copyright by Hikmahanto Juwana 2005 (c)*TugasBaca dan beri komentar atas Pidato Pengukuhan Hikmahanto Juwana, Hukum Internasional dalam Konflik Kepentingan antara Negara Maju dan Negara Berkembang.


Copyright by Hikmahanto Juwana 2005 (c)*ReferensiBarry E. Carter and Phillip R. Trimble, International Law, 3rd ed. (Aspen Law & Business: New York, 1999)J.G. Starke, Introduction to International Law, 9th ed.


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