International law Assignment Example | Topics and Well Written Essays - 2000 words - 1

International law - Assignment Example aw was catalyzed by international trade, which required merchants from one state to be protected against the activities of other merchants of another state. With the increase in international trade, warfare and exploration the need for international law became essential. Treatises between nations became useful as they were intended to be binding between the nations. The proliferation of treatises, practices, rules and customs became complex and scholars started to compile them into systematic treatises. Hugo Grotius provided the first comprehensive conception of international law in his treatise â€Å"De Jure Belli Ac Pacis Libri Tres† (Schmitt 2008). Grotius’s conception of international was grounded on natural law, human reason and custom. His argument in respect to natural law is that relations between nations should be governed by an international body based on divine justice and morality. The law between nations should be governed by the law of the people, established through the consent of the nations and founded on commitment and observance. In his view, things were either good or bad by their nature. According to Grotius, law is not derived from above but from principles which include maxims that promises must be honored and restitution is required for harm to others. These two values have served as the foundation for international law. Additionally, Grotius took a positivist view of international law. In his perspective, emphasis should be given to what is done as opposed to what ought to be done. It is noteworthy that although Grotius based his perspective of international law on natural law, he also posits that nations can create binding rules between themselves. Grotius was instrumental in the formation of the concept of international society. In this respect an international society is a community held together by believes that nations have rules that apply to all of them. Written agreements and customs form the basis of the law that governs this