International Law Essay Example | Topics and Well Written Essays - 750 words

International Law - Essay Example As to ancient Rome, it was an empire that absorbed many of the western independent nations. When the empire fell, however, many of the rules and laws it imposed in commerce and in other areas also faded away. Nevertheless, many of the rules and principles of international law took root in the ancient Greco-Roman systems although such rules and principles were often employed as rules of religion and laws for international relations of one state with foreign states forming part of its municipal law. A. Ancient Greece Although the Greeks did not foster close relations with its neighbors, it had to deal with its components, the city-states, which are independent from each other. Each of the city-states (or polis) comprising Greece had their respective economic and political systems. Each was considered a religious community and the rules and laws that characterized their relationships were called religious obligations and not laws (Bederman 2001:33) Some of these were: the avoidance of w ar; if unavoidable, should be commenced only through a declaration; heralds or messengers not to be harmed; fallen soldiers in battles entitled to burial; in the event of a city’s capture, refugees in temples to be spared; prisoners of war cannot be killed, but only ransomed, enslaved or exchanged; priests and seers also to be spared (Kaczorowska 2010:8). Moreover, it was Greece that first developed a highly sophisticated system of arbitration and proxeny (state hospitality), which is the basis of diplomatic immunity (Kaczorowska 2010:2). Associations and federations were also periodically formed among city-states for the purpose of establishing non-interference agreements, full citizenship grants, offensive and defensive alliances or for religious reasons. With respect to other states, however, ancient Greece was in a perpetual state of war due to its experience in the Persian Wars in 500-479 BCE, when Persia invaded and captured its colonies (Bederman 36-37). B. Ancient Rom e Rome, which is considered the most influential of all ancient civilizations, entered into treaties with neighboring Latin states, but once it started to expand its empire it employed the principles of jus fetiale and jus gentium in conducting relations with foreign states. Jus fetiale are religious laws that governed wars. Wars must be underpinned by a reason, otherwise they are unjust. Jus gentium or the law of tribe, on the other hand, governed Rome’s conduct with non-Romans and the conduct of Roman citizens with non-Roman citizens. This body of laws was made up of norms and concepts that were believed to be common and acceptable to both Romans and non-Romans. It primarily regulated the relations between private individuals and was first crafted by the praetor peregrinus or special magistrate. Jus gentium has greatly influenced the European legal systems and public international law (Kaczorowska 2010:3). In addition, the doctrine of natural law, believed to have anteceded human rights, was first created by the Stoic philosophers of ancient Greece and was subsequently adopted by the Romans. This doctrine is underpinned by the existence of right reason as something inherent in man and nature and therefore, capable of being discovered (Kaczorowska 2010:9). C. Conclusion: Greco-Roman Influence on the UN Charter The avoidance of war as well as the principle of just war, which first appeared in ancient Greece as religious obligations and in ancient