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Some Thoughts About Grotius, Four Hundred Years On
Published online by Cambridge University Press: 20 January 2017
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- Seventeenth Annual Grotius Lecture
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- Copyright © American Society of International Law 2016
References
1 For a review of the life of Hugo Grotius, see the justly acclaimed biography: Henk J. M. Nellen, Hugo Grotius: A Lifelong Struggle for Peace in Church and State 1583–1645 (2014). See also Jacob ter Meulen & P. J. J. Diermanse, Bibliographie des Écrits Imprimés de Hugo Grotius (1950). The first item is from 1595 when the author was just twelve years old!
2 Second United Nations Conference on the Law of the Sea, Mar. 17–Apr. 26, 1960, Official Records, Summary Records of Plenary Meetings and of Meetings of the Committee of the Whole, 29–30, 170–71, 173, U.N. Doc. A/ CONF.19/8 (1960).
3 Agreement on Fisheries Between New Zealand and Japan, with Exchanges of Notes and Agreed Minutes, July 12, 1967, 683 U.N.T.S. 45. Compare the terms of the agreement reached by the two states just eleven years later when New Zealand, as the states recognized in the preamble, has “established in accordance with the relevant principles of international law” a two-hundred-mile exclusive economic zone; Japanese fishing boats were to receive part of the unused total allowable catch. Agreement Between the Government of New Zealand and the Government of Japan on Fisheries, with Memorandum of Understanding and Exchange of Letters, Jan. 9, 1979, 1167 U.N.T.S. 441.
4 See, e.g., the legislation and other state practice reviewed by the parties and the International Court of Justice in Maritime Dispute (Peru v. Chile), Judgment, ICJ (Jan. 27, 2014).
5 See, e.g., Reader, Grotius: A Reader for Students of International Law and Legal History 119–41, 160–63 (van Holk, L. E. & Roeflofsen, C. G. eds., 1983)Google Scholar.
6 Id. at 130.
7 Ernest Nys, Les Origines du Droit International 262 (1894); see, e.g., J. B. Scott in his introductory note to the Carnegie Endowment’s translation of Hugo Grotius, Mare Liberum ix (1916).
8 Lee, R.W., Introduction to the Jurisprudence of Holland of Hugo Grotius, Vol. 16, 29–40 (1930)Google Scholar. In his 1930 Annual Lecture on a Master Mind at the British Academy, Professor R. W. Lee says of the Introduction that it is a masterpiece of condensed exposition. “It is at once a treatise on jurisprudence and a statement of positive law, the concatenation of the two being artfully contrived. While the newly constituted Kingdom of the Netherlands entered into an era of codified law in the early nineteenth century, the Introduction is still held in regard in those parts of the British Empire which have retained or adopted the old Dutch law as the foundation of their legal system (South Africa, the three protectorates, and Southern Rhodesia, Ceylon, and British Guiana).” Id. at 49.
9 Hugo Grotius, De Jure Belli AC Pacis (1625).
10 W. S. M. Knight, The Life and Works of Hugo Grotius 289 (1925).
11 Grotius, supra note 9, at Prolegomena, ¶ 30.
12 Holmes, Oliver Wendell, The Profession of the Law, in The Holmes Reader: The Life, Writings, Speeches, Constitutional Decisions, Etc. of the Late Oliver Wendell Holmes, Associate Justice of the Supreme Court of the United States, as well as an Evaluation of his Work and Achievements by Eminent Authorities 67–68 (Marke, Julius J. ed., 2d ed. 1964)Google Scholar.
13 Grotius, supra note 9, at Prolegomena, ¶ 1.
14 Z v. Z (No. 2) [1997] 2 NZLR 258, 278–80 (CA).
15 “To a Friend,” available in The Poems of Matthew Arnold 1849–1864 23 (2006)
16 Grotius, supra note 9, at Prolegomena, ¶ 28.
17 Lauterpacht, Hersch, The Grotian Tradition in International Law, in 23 Brit. Y.B. Int’l L. 1 (Lauterpacht, Hersch ed., 1946)Google Scholar. Elihu Lauterpacht records that “from conversations which my father had with me he regarded this article as probably the most important one that he ever wrote. Certainly I can remember the immense amount of labour he put into it.” Lauterpacht, Hersch, International Law, The Collected Papers, Vol. 2, 307 (Lauterpacht, Elihu ed., 1975)Google Scholar.
18 GA Res. 67/1 (Nov. 30, 2012).
19 In another outstanding paper, Hersch Lauterpacht contends that foreign state immunity from the jurisdiction of national courts should be narrowed by analogy by the changes being made in national law limiting the immunity of the local state. The Problem of the Jurisdictional Immunities of Foreign States, in 28 Brit. Y.B. Int’l L. 220 (1951).
20 Tunkin, Grigory, Politics, Law and Force in the Interstate System, 219 Recueil Des Cours 227, 381–82 (1989 Vol. 219)Google Scholar.
21 Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977, 1125 U.N.T.S., arts. 4, 6, 7, 11, 20, 51(6), 52(l), 53(c), 54(4), 55(2), 56(4), and 80–91.
22 28th Int’l Conf. of the Red Cross & Red Crescent, Declaration “Protecting Human Dignity, “ Res. 1 (Dec. 2–6, 2003).
23 28th Int’l Conf. of the Red Cross & Red Crescent, supra note 22.
24 GA Res. 69/120 (Dec. 10, 2014), ¶ 3.
25 The initiative is taken in recognition of the fact that insufficient respect for applicable rules is the principal cause of suffering during armed conflicts. The focus of “the major consultation” over the past two years has narrowed and now focuses on a proposed “Meeting of States as the central pillar of the future IHL compliance system.” It would not be established by treaty and would impose no obligations. The initial Background Document (October 2012) listed an extensive array of compliance mechanisms. On the present focus, see the existing provisions of article 7 of Protocol 1 which has never been invoked. See also the earlier Conference resolutions and actions referred to in paragraph 2.5 of the October 2012 Background Document.
26 Acheson, Dean, Response to the Panel: The Cuban Quarantine—Implications for the Future, 14 ASIL Proceedings 14, 14–15 (1963)Google Scholar.
27 Lauterpacht, supra note 16, 340.
28 R v. Dodd [1874] 2 NZCA 598, 2 NZ Jur. 52.
29 S. S. Lotus (France v. Turkey), 1927 P.C.I.J. (ser. A) No. 10.
30 International Convention for the Unification of Certain Rules Relating to Penal Jurisdiction in Matters of Collisions or Other Incidents of Navigation, May 10, 1952, 439 U.N.T.S. 234.
31 Fuller, Lon L., Adjudication and the Rule of Law, 54 ASIL Proceedings 1 (1960)Google Scholar.
32 Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, Nov. 14 2009, UN Treaty Registration No. 50553.
33 See Maritime Dispute Judgment, supra note 4.
34 See, Review Panel Established Under Art. 17 and Annex II of the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, Findings and Recommendations with Regard to the Objection by the Russian Federation to a Decision of the Commission of the South Pacific Regional Fisheries Management Organisation (July 5, 2013).
35 Continental Shelf (Tunisia/Libyan Arab Jamahiriya), Dissenting Opinion of Judge Oda, 1982 ICJ Rep. 157, ¶1 (Feb. 24); Continental Shelf (Libyan Arab Jamahiraya/Malta), Dissenting Opinion of Judge Oda, 1985 ICJ Rep. 123, ¶¶ 2–30; 71–79.
36 Continental Shelf (Libyan Arab Jamahiraya/Malta), Dissenting Opinion of Judge Gros, 1985 ICJ Rep. 143, 156.
37 See the pending cases listed on the ICJ website, http://www.icj-cij.org.
38 Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar to the Bay of Bengal (Bangladesh/Myanmar), Case No. 16, Judgment, Mar. 14, 2012, 12 ITLOS Rep. 1.
39 Eric A. Posner, The Twilight of Human Rights Law (2014).
40 Unsustainable Goals, The Economist, Mar. 28, 2015.
41 Steven Pinkner, The Better Angels of our Nature: Why Violence Has Declined (2011).
42 Helen Clark, UNDP Administrator, Building Resilience: The Importance of Prioritizing Disaster Risk Reduction—A United Nations Development Programme Perspective, Hopkins Lecture, University of Canterbury (Aug. 15, 2012).
43 UNISDR, 2013 Global Assessment Report on Disaster Risk Reduction—From Shared Risk to Shared Value: The Business Case for Disaster Risk Reduction (2013).
44 Clark, supra note 42.
45 World Bank Group, The Economic Impact of the Ebola Epidemic: Short and Medium-Term Estimates for West Africa, 2 (Oct. 7, 2014); Press Release, The World Bank, Ebola: Most African Countries Avoid Major Economic Loss but Impact on Guinea, Liberia, Sierra Leone Remains Crippling (Jan. 20, 2015).
46 World Health Organization, International Health Regulations (2d ed., 2005).
47 Int’l Fed. of Red Cross, Introduction to the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance, 13, ¶ 1 (2011), adopted by the 30th Int’l Conf. of the Red Cross & Red Crescent, Res. 4.
48 World Health Organization, supra note 46, 1.
49 Id. at 10, art. 3.
50 Llewellyn, Karl N., On What is Wrong with So-Called Legal Education, 35 Colum. L. Rev. 651, 662 (1935)Google Scholar.