History of International Law - Grotius, Vitoria, Suárez & Gentili

History of International Law - Hugo Grotius, Vitoria, Suárez & Gentili | Lex Animata by Hesham Elrafei

The Founders of modern International Law explained, simplified, and visualized, History of international law

The law of nations which is now known as public international law, flourished in response to states' need to co-exist , particularly during the discovery age in the 16th and 17th centuries, and it was concerned with issues like the relations between rulers, the use of oceans and high seas, diplomatic relations , rules of war and the acquisition of territory .

The essence of the new approach to international law can be traced back to the Spanish conquest of the new world, where the jurists Francisco de Vitoria and Francisco Suárez of salamanca, were among the first scholars to affirm the universality of international law. They also Advocated that the indigenous peoples should be treated as nations that have their own legitimate interests, as they are equal to the Christian European states,and that therefore the War against them could only be justified, on the grounds of a just cause,

Another important founder of international law, is the Italian professor Alberico Gentili , who has been called the originator of the secular school of thought in international law , as he minimized significant theological theses. Gentili notably wrote Three Books on the Law of War, which contains a valuable section on the law of treaties and provided a comprehensive discussion of the law of war.
It is however the Dutch jurist Hugo Grotius, who is known as the father of modern international law , being one of the first scholars to articulate an international order , that consists of a society of states governed by treaties and customs , and not by force or warfare.
Grotius was also concerned with the conflicts between states and church, as he secularized international law by separating it from theology and divine law, by saying that the law of nature would be valid , even if there were no God.
In his books, Grotius attempted to provide a systematic overview of international law of war and peace, and he maintained the theological distinction between just war and unjust war, an idea that underpins modern approaches to aggression, self-defense, and liberation.
Grotius laid down a system of principles of natural law, that bind all people and nations regardless of local custom or rules.
He also emphasized the doctrine of the freedom of the high seas, which was relevant to the colonising of the new world, as he rejected the Portuguese concept of the closed seas, and emphasised free trade by saying that high seas belong to all .