Universidad de Lima

Escuela de Humanidades
Facultad de Derecho

Nombre: Rodrigo Alonso Taipe Paredes

Curso: Derecho Internacional Pblico
Profesora: Carolina Loayza Tamayo
Semestre 2015-1, seccin 601

DISCUSSION QUESTION N 1

PLEASE READ THE ARTICLE OF KAREN MINGST AND ANSWER THE

FOLLOWING QUESTIONS:
1. Which historical periods seem to have had the most influence on the
development of International Law?

The first relevant historical period for the development of International

Law was post the Thirty Years Was with the treaty of Westphalia;
through this international agreement, concepts such as: sovereignty,
non-intervention and the right to determine the official religion of a
country were recognized. Thus, other states couldnt mingle with the
internal affairs of another country [especially the Papal States]. On
the other hand, post WWI and WWII, were also significant periods
that enhanced International Law. Regarding the first, through the
creations of the League of Nations, promoted by U.S president
Woodrow Wilson, it was developed an alternative way of resolving
conflicts, before resorting to war [yet, this proved unsuccessful with
Nazi Germany and its ambition of expansion]. Decades later, after
WWII, seeing the devastation of war, the states decided to created
the U.N. This intergovernmental organization was the successor of
the League of Nations; however, in contrast with its predecessor, the
United Nations focused on maintaining peace, promoting the
development of nations and proscribing war [only to be admitted in
cases of self-defense].

2. What are the historical origins of the state?

The historical origin of the state can be pointed to the Treaty of

Westphalia. Prior to that treaty, kingdoms raised and fall and the
affairs of one country were also of the interest and excuse for
intervention of another neighboring country. Nonetheless, due to the
treaty signed in 1648, it was decided that the internal affairs of ones
country concerned only to itself and not to others; thus the country
was sovereign under its territory.

3. Does International Law primarily reflect European values? Does it matter if it

does? Is it a system of International Law based on universal norms
possible?

International Law was mainly developed by European scholars; thus

the reason why it mostly shows European values. Nonetheless, it
must be said that it also takes concepts of other parts of the world
such as the treaties among countries in the Americas or old ancient
treaties of Asian countries [example: The Law Code of Manu]. Since
International Law has developed through time with different
influences, it can be hardly said that it matters at all. Yet, since
International Law mainly orbits around Europe, it cannot be avoided
that European values still linger in it. Now, imagining a set of
International norms that reflect universal values its quite possible if
the creators of such humongous task seek guidance in the practical
rationality of Natural Law.

4. Why the Treaty of Westphalia is used as a benchmark for Public international

Law scholars? And what was its significance for the later development of
international law?

International Law scholars regard the Treaty of Westphalia as a

benchmark, since it means the emergence of the modern system of
sovereign states. Furthermore, other principles found in the treaty
such as: the principle of (legal) equality of the states, and the nonintervention in foreign internal affairs, were later used in the creations
of new treaties and organizations in the following centuries. Thus, its
contribution to International Law served as a base for future norms.

5. What are the historical origins of the European balance of power system?

After the Napoleonic Wars during the XIX century, the European
countries agreed to maintain a balance of power through a series of
alliances. The purpose was to avoid future conflicts and the rise of a
powerful European country among the rest. Furthermore, the new
ideas of revolution that spread to France and the United States of
America were seeing as dangerous; thus, this agreement was seen
as a countermeasure to avoid future revolutions in other European
countries. During this period of the system of balance of power, the
two most powerful countries were: the United Kingdom and the
Russian Empire. These two countries make sure that none other
countries interfere in their affairs and kept in line the others [an

example can be the conflict between the Ottoman Empire and the
Russian Empire].
6. Did The League of Nations mark a significant turning point in the evolution
of international law?

The League of Nations was a small step in the evolution of

International Law. The reason is that it only offered a prior way to
avoid war, diplomacy, yet still approved it. There was not longing for
peace among the international community, just order in war affairs.

7. What are the characteristics of the international legal order that is opening
after the Second World War?

Due to the horrors of WWII, the international legal order focused on

maintaining peace and order in the international community through
the creations of intergovernmental organizations such as the United
Nations. This time, the aim of these norms was trying to avoid war at
all cost through diplomacy. Furthermore, due to the realization of the
ineffectiveness of punishing a state, the Allies decided to create
International Criminal Courts [like the ones in Nuremberg and Tokyo]
aiming to punish the crimes against humanity, this time focusing in
the rulers of the countries. Also, the legal order aimed to promote the
development of the countries in peace.

8. What changes occurred in the international law in the post cold war order?

During the Cold War the world was polarized. Two different
economical and political systems confront one another through two
superpowers: the United States and the U.S.S.R. Post this period,
International Law started to de-politicize as during the period first
mentioned it deform itself to justify the intervention of the two
Superpowers in third world countries (military and economically
speaking). Yet, after the Cold War, International Law returned back to
normal as the sovereignty of states, basic human rights and
international trade laws were not longer used for the interests of
Superpowers.

9. What key events have shaped the post-Cold War world and the first decade
of the new Millennium?

One of the most important events in the post-Cold War was the fall of
the U.S.S.R. This event meant the fall of a political and economical
ideology and the take over of another one: democracy and
capitalism. Furthermore, with the dissolution of the Soviet Union new
countries emerged around Eastern Europe. On the other hand, with
the emergence of global terrorism in the new millennium,
International Law its changing to secure justice can reach terrorist no
matter in what part of the globe they stay.

10. Why have international organizations played a greater role in the

contemporary international law?

International organizations such as the Inter-American Court of

Human Rights or the Hague Tribunal are playing greater roles in the
contemporary international law since jurisprudence from these courts
are being incorporated either into countrys law or are taking into
account by magistrates at the moment of interpreting the law.
Furthermore, thanks to the international organizations, relations and
conflicts among countries have gone smoothly [an example can be
the Chilean-Peruvian maritime dispute].

BONUS QUESTION
1. Why the United Nations didnt end up failing like the League of Nations? And
how this new international order changed the paradigm from an international
society to an international community?

In contrast with the League of Nations, the United Nations had the
support not only of the Allies [France, United Kingdom, United States
and U.S.S.R]; yet, it was later joined by China, making its leadership
strong among the rest of the countries in the world. This is the thing
that the League of Nations lacked: a strong leadership. Thus, with
political, economical and military support, the U.N could finally make
a difference in the world. In contrast with an international society, an
international community seeks a single goal. In the case of the United
Nations is peace. On the other hand, an international society is
composed of countries, yet not with the same goal.