History of International Law
I. introduction
No area of international law has been so little explored by scholars as the history of the subject. is is a remarkable state of a# airs, probably without parallel in any other academic discipline (including other branches of law). Although this intellectual scandal (as it well deserves to be called) is now being remedied, we are still only in the earliest stages of the serious study of international legal history. Many blank spots exist, some of which will be identi, ed in passing in the discussion below. is short history—inevitably very short history—can give only the most general . avour of the major periods of development of international law. It will accordingly not be possible to give more than the most token attention to developments outside the Western mainstream. Both ideas and State practice will be covered. e ideas chie. y concern what international law was thought to consist of in past times. State practice is concerned
4 stephen c neff with what States actually did. It was the two in combination—if not always in close harmony—that made international law what it became.
II. ancient worlds
For a vivid indication of how persons from even the most diverse cultures can relate to one another in a peaceful, predictable, and mutually bene, cial fashion, it is di< cult to top
Herodotus’s description of ‘silent trading’ between the Carthaginians and an unnamed
North African tribe in about the sixth century BC. When the Carthaginians arrived in the tribe’s area by ship, they would unload a pile of goods from their vessels, leave them on the beach and then return to their boats and send a smoke signal. e natives would then come and inspect the goods on their own, leave a pile of gold, and retire. en the Carthaginians would return; and, if satis, ed that the gold represented a fair price, they would take it and depart. If not satis, ed, they would again retire to their ships; and the natives would return to leave
No area of international law has been so little explored by scholars as the history of the subject. is is a remarkable state of a# airs, probably without parallel in any other academic discipline (including other branches of law). Although this intellectual scandal (as it well deserves to be called) is now being remedied, we are still only in the earliest stages of the serious study of international legal history. Many blank spots exist, some of which will be identi, ed in passing in the discussion below. is short history—inevitably very short history—can give only the most general . avour of the major periods of development of international law. It will accordingly not be possible to give more than the most token attention to developments outside the Western mainstream. Both ideas and State practice will be covered. e ideas chie. y concern what international law was thought to consist of in past times. State practice is concerned
4 stephen c neff with what States actually did. It was the two in combination—if not always in close harmony—that made international law what it became.
II. ancient worlds
For a vivid indication of how persons from even the most diverse cultures can relate to one another in a peaceful, predictable, and mutually bene, cial fashion, it is di< cult to top
Herodotus’s description of ‘silent trading’ between the Carthaginians and an unnamed
North African tribe in about the sixth century BC. When the Carthaginians arrived in the tribe’s area by ship, they would unload a pile of goods from their vessels, leave them on the beach and then return to their boats and send a smoke signal. e natives would then come and inspect the goods on their own, leave a pile of gold, and retire. en the Carthaginians would return; and, if satis, ed that the gold represented a fair price, they would take it and depart. If not satis, ed, they would again retire to their ships; and the natives would return to leave