Origin of International Law

5357 Words Feb 4th, 2011 22 Pages
ORIGINS OF INTERNATIONAL LAW

PRELUDE:
Man is a social animal, in the past it has been living in caves, as the time passed man gradually became civilized and started living in communities. In past there were no laws and rules to be followed by the human being. In the long march of mankind from the cave to the computer a central role has always been played by the idea of law- the idea that order is necessary and chaos inimical to a just and stable existence. Every society has a framework of principles to develop.
Law is element which binds the members of community together. Law consists of a series of rules regulating behavior and reflecting to some extent the ideas and preoccupations of the society within which it functions. Every
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The growth of European notions of sovereignty and the independent nation-state required an acceptable method whereby inter-state relations could be conducted in accordance with commonly accepted standards of behavior, and International Law filled up the gap. But it took root and flowered with the sophistication of Renaissance Europe and seeds of this particular hybrid plant are of far older lineage. They reach far back into history.

EARLY ORIGIN While the modern International law can be traced back to 400 years, certain of basic concepts of International law can be discerned in political relationships thousands of years ago.8

a) LAGASH UMMA TREATY:
Around 2100 BC, for instance, a solemn treaty was signed between the rulers of Lagash and Umma, the city states situated in the area known as Mesopotamia. It was inscribed on a stone block; oath was taken on Sumerian gods. 9The treaty concerned with the establishment of a defined boundary to be respected by both sides.
A copy of a political treaty between Ebla and the city of Abarsal was atleast 4500 years ago. 10 b) TREATY OF KADESH: Another important binding treaty was concluded over 1000 years later between Rameses II of Egypt and King of Hittites at Kadesh, north of Damascus.11 It was * For the establishment of eternal peace and brotherhood. * Respect for each other’s territorial integrity * The termination of a state of aggression * Setting up of a form of defensive

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