The Influence of Westphalia and Grotius: Shaping Modern International Law

International law, the set of rules governing relations between states, has roots stretching back centuries. While modern international law took shape in the 19th and 20th centuries, its foundations were laid much earlier.

The concept of international law emerged from the need for different political entities to interact and resolve disputes peacefully. Early examples can be found in ancient civilizations, such as treaties between Mesopotamian city-states or the Greek system of arbitration between poleis.

However, the true genesis of modern international law is often traced to the Peace of Westphalia in 1648. This series of treaties, which ended the Thirty Years’ War in Europe, established the principle of territorial sovereignty. It recognized states as the primary actors in international affairs, a concept that remains fundamental to international law today.

The 17th-century Dutch jurist Hugo Grotius, often called the “father of international law,” made significant contributions to the field. His work “On the Law of War and Peace” (1625) laid out principles for just war and advocated for a system of international relations based on natural law.

As global trade and diplomacy expanded in the 18th and 19th centuries, so did the body of international law. The Congress of Vienna in 1815 further codified diplomatic norms, while the Geneva Convention of 1864 established rules for the treatment of wounded soldiers, marking the birth of international humanitarian law.

The 20th century saw rapid development in international law, spurred by two world wars and increasing globalization. The creation of the United Nations in 1945 and the proliferation of international courts and tribunals have further solidified the role of international law in global affairs.

Today, international law continues to evolve, addressing new challenges such as climate change, cybersecurity, and human rights. Its origins, rooted in centuries of human interaction and conflict resolution, remind us of the enduring need for agreed-upon rules in our interconnected world.

Free books on International Law
https://www.infobooks.org/free-pdf-books/law/international-law/

Free Courses on Law and Environment from the UN

A splendid collection of courses provided free by the United Nations on their Informea portal can be found here: https://elearning.informea.org/

As an example, under the Biological Diversity heading there is the InforMEA Diploma on the International Legal Framework on Biological Diversity.

The mandatory courses for the diploma are:

  1. Introductory course to International Environmental Law
  2. Introduction to Environmental Governance
  3. Introductory course to the International Plan Protection (IPPC)
  4. Course for the National Focal Points for the Convention on the Conservation of Migratory Species of Wild Animals (CMS) and its instruments
  5. Introductory Course to the Convention concerning the Protection of the World Cultural and Natural Heritage
  6. Introductory Course to the Convention on Biological Diversity (CBD)
  7. Introductory Course to the International Treaty on Plant Genetic Resources for Food and Agriculture
  8. Introductory Course to the Ramsar Convention on Wetlands

and the main link again? https://elearning.informea.org/

Students from Kenya’s Strathmore University Beat their Harvard Counterparts in Global Law Competition

Students from Kenya’s Strathmore University School of Law became the first African team to win the John H. Jackson Moot Court on World Trade Organization (WTO) Law.

The team of three students, namely Mishael Wambua, Kandalla Maleehah, and Catherine Penda, made history after beating Harvard Law School in the final of the competition held in Geneva, Switzerland on Saturday.
Full story over at mwakilishi.com

Kenya’s Lake Bogoria and the Global Biotech Industry

Unep’s news desk recently reported that Kenya’s Lake Bogoria contains an unusual array of microbes and micro organisms from which enzymes have been produced for use in antibiotics and cleaning products. The, tiny organisms like those found in Bogoria are the basis of the multi-million dollar global biotech industry.

The Nagoya Protocol on access and benefit sharing, addresses “biopiracy” of genetic resources; that is, their biotechnological utilization in violation of either the provider country legislation or mutually agreed contractual obligations. Biopiracy is defined as a problem resulting from a distributive conflict between provider and user countries, the practical difficulties of monitoring the utilization of genetic resources in a transnational context, and the pervasive scientific uncertainty about the nature and extent of the problem. Kenya has ratified the Protocol.

The local people therefore stand to benefit from this discovery. The Endorois people, have lived beside, and been custodians of the lake for centuries. The lake has deep spiritual and cultural significance for them. “Microbes or micro-organisms are natural capital,” says UN Environment ecosystems expert Levis Kavagi.

It will be interesting to see how benefits derived from the harvesting and use of the microbes and micro organisms will be shared between the researchers and the local communities. Kenya is yet to pass laws at national level that will help in the implementation of the provisions of the Nagoya Protocol. this is turn puts the local communities in a precarious position.

In the past, a British University harvested some micro-organisms from the lake, and in 1995 sold them to companies in the Netherlands and the United States. Those companies were later sued by the Kenyan government for not sharing the financial benefits of their subsequent innovations with Kenya. this was before the Nagoya Protocol had been put in place.

UN Environment and partners are working with the Endorois and other communities to ensure they receive their fair share of any resources from the lakes. They also want people to look after the ecosystems.

 

Intellectual Property Training in Nairobi

iHub has teamed with uWakili to provide specific pro bono legal services to startups. uWakili is an online legal services platform that provides Kenyan businesses and individuals with easy-to-use and cost-effective online legal services.

The next training will be on Intellectual Property. The training will be facilitated by Lillian Makanga, a research fellow and legal advisor at the Centre for Intellectual Property and Information Technology Law (CIPIT).

The training will cover the following topics in Intellectual Property

  • TradeMarks
  • Copyright
  • Process & Costs

When: Wednesday, November 9th, 2017 from 5.00 PM to 7.00 PM
Where: iHub – Ngong Road, Nairobi
Register HERE to attend the training