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
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Kindle release: ‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’.

Following the success of the paperback edition of ‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’, this concise work is now available in its Kindle edition.

 

Law Books for the LPC, 2016, and OSCE/QLTS

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Nagoya Protocol – new book release

‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’.

Today sees the release in paperback of the first book by Millicent Ligare in this field.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity was adopted on 29 October 2010 in Nagoya, Japan, and entered into force on 12 October 2014.

Now the debates are in full swing across the world about how to implement the protocol at the domestic level.

If you feel perplexed by topics such as “International access and benefit sharing regimes under the CBD, ITPGRA, IGC & TRIPS”- then this is the book for you.

Written for everybody interested in the Nagoya Protocol, those who did not realise it existed, and those who do not know how it will affect them, this concise, but extensively referenced work, is a must for students of the topic.

This book demystifies

  • The historical background to the protection of IPRs
  • What is ‘Access and Benefit Sharing’?
  • The position of ABS under the CBD
  • The position of ABS under the TRIPS Agreement
  • Patent applications and the utilisation of GR, post-CBD and post-TRIPS
  • The implications for ABS, patent applications and utilisation of genetic resources, after Nagoya.

The author: Millicent Ligare is an Advocate of the High Court of Kenya, and holds an LLM from the University of the West of England, Bristol.

 

Nagoya Protocol – new book to be released tomorrow

Nagoya Protocol‘The Nagoya Protocol: Its impact on access & benefit sharing, patent applications and the utilisation of genetic resources’,
is due for release tomorrow in paperback.