Grotius and the Development of International Law in the United Nations Period 1
Grotius and the Development of International Law in the United Nations Period 1
There are three reasons for linking Grotius to the UN. (1) The UN Charter deals with aspects of international law that are central to his writings. (2) In those areas, such as law of the sea, in which the UN has assisted in the codification of international law, it is worth seeing whether it has adhered to Grotian principles. (3) The UN has a spirit and ethos similar to that inculcated by Grotius, the viability of which merits exploration. These three themes are examined with special reference to the jus ad bellum, the jus in bello, and the state's presumed monopoly on the use of force. The UN Charter, many years after it was written, still captures a ‘Grotian moment’.
Keywords: codification of international law, Grotian moment, monopoly on use of force, UN Charter, UN
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