Hugo Grotius  Formulated new principle: sea was

international territory and all nations

• Born 10 April 1583, died 28 August were free to use it for trade
1645
 Provided suitable ideological
• Worked as a jurist in the Dutch justification for the Dutch to break up
Republic various trade monopolies through its
formidable naval power
• One of the founding fathers of modern
international law alongside Francisco  Argued Freedom of sea is key
de Vitoria and Alberico Gentili. aspect in communications btw
peoples and nations
• Popular for his foundations of
international law which based on  Believed it is against natural law to
natural law rule over the sea – no country was
able to monopolise control over the
• Separated international law from ocean as---
theology
 Sea is

o Immense
 NATURAL LAW
o Lack of stability

o Lack of fixed limit

 Defined NL as a perspective judgment
where things can be considered as
good or bad according to their own
nature

 Hypothetical argument: NL is still

valid if God does not exist or if God is
 De Jure Belli ac Pasis – On the Law
not interested in human affairs
of War and Peace[1625]
 Believed that God was no longer the
only sources of ethical qualities
 Talked about war

 Argued that war is violating NL but it

 Wrote two books
is necessary

 Produced Just War doctrine:

 Mare Liberum – The Free Sea
o Jus ad bellum – rightful causes
[1609]
of war

o Jus in bello – rightful conduct

 Said nobody owns the sea of war
 Want to enter war, ensure the war is
[JUST – war to obtain a right]
 War is punitive in character – last
resort when conciliation failed
 Believed that s/times better to
renounce rights than trying to enforce
them

 Believed that religious war = unjust 

religion is inner conviction. Cannot
© Khairul Idzwan Kamarudzaman [Universiti Teknologi
force Mara] 2009

 Discussed three methods for peaceful http://www.izwan.tk

settlement of intnl disputes http://youngmalaysians.blogspot.com

o Conference & negotiations

amongst 2 rivals

o Concessions

o Single combat/ Choosing by lot

 Emphasised on moral conduct during

wars:

o Protect non combatant

o Treat hostages and prisoners

humanly

o Protect property from

destruction

 Recognised sovereign states as basic

units of intnl law

 Recognised that law of nations

accepted as it is accepted universally

 Considered that a civil right derived

from the laws of sovereign states is
inferior to a right based on the law of
nations

 Reason?

 Law of nations is more extensive

rights, deriving its authority from the
consent of all, or at least of many
nations