Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; the earliest form of insurance is marine insurance, although forms of mutuality existed before that. Marine insurance originated with the merchants of the Hanseatic league and the financiers of Lombardy in the 12th and 13th centuries, recorded in the name of Lombard Street in the City of London, the oldest trading insurance market. In those early days, insurance was intrinsically coupled with the expansion of mercantilism, exploration of new sources of gold, spices and other precious goods - including slaves - from the New World. For these merchant adventurers, insurance was the "means whereof it comes to pass that upon the loss or perishing of any ship there followed not the undoing of any man, but the loss lighteth rather upon many than upon a few... whereby all merchants those of the younger sort, are allured to venture more willingly and more freely."The expansion of English maritime trade made London the centre of an insurance market that, by the 18th century, was the largest in the world.
Underwriters sat in bars, or newly fashionable coffee-shops such as that run by Edward Lloyd on Lombard Street, considering the details of proposed mercantile "adventures" and indicating the extent to which they would share upon the risks entailed by writing their "scratch" or signature upon the documents shown to them. At the same time, eighteenth-century judge William Murray, Lord Mansfield, was developing the substantive law of insurance to an extent where it has remained unchanged to the present day - at least insofar as concerns commercial, non-consumer business - in the common-law jurisdictions. Mansfield drew from "foreign authorities" and "intelligent merchants" "Those leading principles which may be considered the common law of the sea, the common law of merchants, which he found prevailing across the commercial world, to which every question of insurance was referrable. Hence the great celebrity of his judgments, hence the respect they command in foreign countries". By the 19th century membership of Lloyd's was regulated and in 1871, the Lloyd's Act was passed, establishing the corporation of Lloyd's to act as a market place for members, or "Names".
And in the early part of the twentieth century, the collective body of general insurance law was codified in 1904 into the Marine Insurance Act 1906, with the result that, since that date and non-marine insurance law have diverged, although fundamentally based on the same original principles. Common law jurisdictions in former members of the British empire, including the United States, India, South Africa, Australia originate with the law of England and Wales. What distinguishes common law jurisdictions from their civil law counterparts is the concept of judge-made law and the principle of stare decisis - the idea, at its simplest, that courts are bound by the previous decisions of courts of the same or higher status. In the insurance law context, this meant that the decisions of early commercial judges such as Mansfield, Lord Eldon and Buller bound, or, outside England and Wales, were at the least persuasive to, their successors considering similar questions of law. At common law, the defining concept of a contract of commercial insurance is of a transfer of risk negotiated between counterparties of similar bargaining power deserving of the courts' protection.
The underwriter has the advantage, by dint of drafting the policy terms, of delineating the precise boundaries of cover. The prospective insured has the equal and opposite advantage of knowing the precise risk proposed to be insured in better detail than the underwriter can achieve. Central to English commercial insurance decisions, are the linked principles that the underwriter is bound to the terms of his policy. In civil law countries insurance has been more linked to the protection of the vulnerable, rather than as a device to encourage entrepreneurialism by the spreading of risk. Civil law jurisdictions - in general terms - tend to regulate the content of the insurance agreement more and more in the favour of the insured, than in common law jurisdictions, where the insurer is rather better protected from the possibility that the risk for which it has accepted a premium may be greater than that for which it had bargained; as a result, most legal systems worldwide apply common-law principles to the adjudication of commercial insurance disputes, whereby it is accepted that the insurer and the insured are more-or-less equal partners in the division of the economic burden of risk.
Most, until 2005 all, common law jurisdictions require the insured to have an insurable interest in the subject matter of the insurance. An insurable interest is that legal or equitable relationship between the insured and the subject matter of the insurance, separate from the existence of the insurance relationship, by which the insured would be prejudiced by the occurrence of the event insured against, or conversely would take a benefit from its non-occurrence. Insurable interest was long held to be morally necessary in insurance contracts to distinguish them, as enforceable contracts, from unenforceable gambling agreements and to quell the practice, in the seventeenth and eig
Poaching has been defined as the illegal hunting or capturing of wild animals associated with land use rights. According to Encyclopædia Britannica, poaching was performed by impoverished peasants for subsistence purposes and a supplement for meager diets. Poaching was as well set against the hunting privileges of territorial rulers. By contrast, stealing domestic animals classifies as theft, not as poaching. Since the 1980s, the term "poaching" has referred to the illegal harvesting of wild plant species. In agricultural terms, the term'poaching' is applied to the loss of soils or grass by the damaging action of feet of livestock which can affect availability of productive land, water pollution through increased runoff and welfare issues for cattle. Austria and Germany refer to poaching not as intrusion in third party hunting rights. While Germanic law allowed any free man including peasants to hunt on the commons, Roman law restricted hunting to the rulers. In Medieval Europe feudal territory rulers from the king downward tried to enforce exclusive rights of the nobility to hunt and fish on the lands they ruled.
Poaching was deemed a serious crime punishable by imprisonment, but the enforcement was comparably weak until the 16th century. Peasants were still able to continue small game hunting, but the right of the nobility to hunt was restricted in the 16th century and transferred to land ownership; the development of modern hunting rights is connected to the comparably modern idea of exclusive private property of land. In the 17th and 18th centuries the restrictions on hunting and shooting rights on private property were being enforced by gamekeepers and foresters, they denied shared usages of forests, e.g. resin collection and wood pasture and the peasant's right to hunt and fish. However, comparably easy access to rifles allowed peasants and servants to poach by end of the 18th century; the low quality of guns made it necessary to approach to the game as close as 30 m. For example, poachers in the Salzburg region were men around 30 years of age, not yet married and alone on their illegal trade. Hunting was used in the 18th century as a theatrical demonstration of aristocratic rule of the land and had a strong impact on land use patterns as well.
Poaching in so far interfered not only with property rights but clashed symbolically with the power of the nobility. During the years between 1830 and 1848 poaching and poaching related deaths increased in Bavaria; the revolution of 1848 was interpreted as a general allowance for poaching in Bavaria. The reform of hunting law in 1849 reduced legal hunting to rich land owners and the bourgeoisie able to pay the hunting fees and led to disappointment and ongoing praise of poachers among the people; some of the frontier region, where smuggling was important, showed strong resistance. In 1849, the Bavarian military forces were asked to occupy a number of municipalities on the frontier to Austria. Both, in Wallgau and in Lackenhäuser, each household had to feed and accommodate one soldier for a month as part of a military mission to quell the uproar; the people of Lackenhäuser had had several skirmishes about poached deer with Austrian foresters and military, were known as well armed pertly poachers.
Poaching, like smuggling, has a long counter-cultural history. The verb poach is derived from the Middle English word pocchen meaning bagged, enclosed in a bag. Poaching was dispassionately reported for England in "Pleas of the Forest", transgressions of the rigid Anglo-Norman Forest Law. William the Conqueror, a great lover of hunting and enforced a system of forest law; this operated outside the common law, served to protect game animals and their forest habitat from hunting by the common people of England and reserved hunting rights for the new French-speaking Anglo-Norman aristocracy. Henceforth hunting of game in royal forests by commoners or in other words poaching, was invariably punishable by death by hanging. In 1087, a poem called "The Rime of King William" contained in the Peterborough Chronicle, expressed English indignation at the severe new laws. Poaching was romanticised in literature from the time of the ballads of Robin Hood, as an aspect of the "greenwood" of Merry England; the widespread acceptance of this common criminal activity is encapsulated in the observation Non est inquirendum, unde venit venison, made by Guillaume Budé in his Traitte de la vénerie.
However, the English nobility and land owners were in the long term successful in enforcing the modern concept of property, expressed e.g. in the enclosures of common land and in the Highland Clearances, which were both forced displacement of people from traditional land tenancies and erstwhile common land. The 19th century saw the rise of acts of legislation, such as the Night Poaching Act 1828 and Game Act 1831 in the United Kingdom, various laws elsewhere. In North America, the blatant defiance of the laws by poachers escalated to armed conflicts with law authorities, including the Oyster Wars of the Chesapeake Bay, the joint US-British Bering Sea Anti-Poaching Operations of 1891 over the hunting of seals. Violations of hunting laws and regulations concerning wildlife management, local or international wildlife conservation schemes constitute wildlife crimes that are punishable; the following violations
Anti-Ballistic Missile Treaty
The Anti-Ballistic Missile Treaty was an arms control treaty between the United States and the Soviet Union on the limitation of the anti-ballistic missile systems used in defending areas against ballistic missile-delivered nuclear weapons. Under the terms of the treaty, each party was limited to two ABM complexes, each of, to be limited to 100 anti-ballistic missiles. Signed in 1972, it was in force for the next 30 years. In 1997, five years after the dissolution of the Soviet Union, four former Soviet republics agreed with the United States to succeed the USSR's role in the treaty. In June 2002 the United States withdrew from the treaty. Throughout the late 1950s and into the 1960s, the United States and the Soviet Union had been developing missile systems with the ability to shoot down incoming ICBM warheads. During this period, the US considered the defense of the US as part of reducing the overall damage inflicted in a full nuclear exchange; as part of this defense and the US established the North American Air Defense Command.
By the early 1950s, US research on the Nike Zeus missile system had developed to the point where small improvements would allow it to be used as the basis of an operational ABM system. Work started on a short-range, high-speed counterpart known as Sprint to provide defense for the ABM sites themselves. By the mid-1960s, both systems showed enough promise to start development of base selection for a limited ABM system dubbed Sentinel. In 1967, the US announced that Sentinel itself would be scaled down to the smaller and less expensive Safeguard. Soviet doctrine called for development of its own ABM system and return to strategic parity with the US; this was achieved with the operational deployment of the A-35 ABM system and its successors, which remain operational to this day. The development of multiple independently targetable reentry vehicle systems allowed a single ICBM to deliver as many as ten separate warheads at a time. An ABM defense system could be overwhelmed with the sheer number of warheads.
Upgrading it to counter the additional warheads would be economically unfeasible: The defenders required one rocket per incoming warhead, whereas the attackers could place 10 warheads on a single missile at a reasonable cost. To further protect against ABM systems, the Soviet MIRV missiles were equipped with decoys; these decoys would appear as warheads to an ABM requiring engagement of five times as many targets and rendering defense less effective. The United States first proposed an anti-ballistic missile treaty at the 1967 Glassboro Summit Conference during discussions between U. S. Secretary of Defense Robert McNamara and Chairman of the Council of Ministers of the Soviet Union Alexei Kosygin. McNamara argued both that ballistic missile defense could provoke an arms race, that it might provoke a first-strike against the nation fielding the defense. Kosygin rejected this reasoning, they were trying to minimize the number of nuclear missiles in the world. Following the proposal of the Sentinel and Safeguard decisions on American ABM systems, the Strategic Arms Limitation Talks began in November 1969.
By 1972 an agreement had been reached to limit strategic defensive systems. Each country was allowed two sites at which it could base a defensive system, one for the capital and one for ICBM silos; the treaty was signed during the 1972 Moscow Summit on 26 May by the President of the United States, Richard Nixon and the General Secretary of the Communist Party of the Soviet Union, Leonid Brezhnev. The 1974 Protocol reduced the number of sites to one per party because neither country had developed a second site; the sites were Moscow for the USSR and the North Dakota Safeguard Complex for the US, under construction. The Treaty limited only ABMs capable of defending against "strategic ballistic missiles", without attempting to define "strategic", it was understood that both ICBMs and SLBMs are "strategic". Neither country intended to stop the development of counter-tactical ABMs; the topic became disputable as soon as most potent counter-tactical ABMs started to be capable of shooting down SLBMs both sides continued counter-tactical ABM development.
On 23 March 1983, Ronald Reagan announced the Strategic Defense Initiative, a research program into ballistic missile defense which would be "consistent with our obligations under the ABM Treaty". Reagan was wary of mutual deterrence with what he had called an "Evil Empire", wanted to escape the traditional confines of mutual assured destruction; the project was a blow to Yuri Andropov's so-called "peace offensive". Andropov said that "It is time stopped thinking up one option after another in search of the best way of unleashing nuclear war in the hope of winning it. To do this is not just irresponsible, it is madness". Regardless of the opposition, Reagan gave every indication that SDI would not be used as a bargaining chip and that the United States would do all in its power to build the system; the Soviets were threatened because the Americans might have been able to make a nuclear first strike possible. In The Nuclear Predicament, Beckman claims that one of the central goals of Soviet diplomacy was to terminate SDI.
A surprise attack from the Americans would destroy much of the Soviet ICBM fleet, allowing SDI to defeat a "ragged" Soviet retaliatory response. Furthermore, if the Soviets chose to enter this new arms race, they would further cripple their economy; the Soviets could not afford to ignore Reagan's new endeavor
The Alpine Convention is an international territorial treaty for the sustainable development of the Alps. The objective of the treaty is to protect the natural environment of the Alps while promoting its development; this Framework Convention involves eight states. Opened to signature in 1991 and consisting of a Framework Convention, various implementation protocols and declarations, it entered into force in 1995, contributing to reinforce the recognition of special qualities and specific characteristics of the Alps, going beyond national boundaries and seeking international action; the geographic area of the Alpine Convention covers a 190,717 km2 or 73,636 sq mi encompassing 5867 municipalities. The Alpine Range as defined by the Alpine Convention stretches across 1,200 km or 746 mi, through eight states, its maximum width is 300 km or 186 mi, between Bavaria and Northern Italy; the entire territories of Monaco and Liechtenstein are included. Austria and Italy together represent more than 55% of the Convention area.
With France, these three states cover the three-quarter of the total surface of the Alpine Convention territory. In 2013, the total population of this area was approaching 15 million inhabitants; the Alpine Conference is the body. The Presidency of the Conference rotates between the Contracting parties, each holding the Presidency for a two-year period. For the period 2016–2018 the presidency is held by Austria; the Conference welcomes the following observers: European association of elected representatives from mountain regions, Alpe Adria, Arge Alp, CIPRA International, Club Arc Alpin, COTRAO – The Working Community of the Western Alps, Euromontana, FIANET, the International Steering Committee of the Network of Protected areas, the IUCN, the Managing Authority of the European Cooperation Programme Alpine Space, Pro Mont Blanc, UNEP and ISCAR. All the Alpine Conferences: The Permanent Committee is the executive body of the Alpine Conference, it is composed of all Member delegations and guarantees that the basis, the principles and the objectives of the Convention are implemented.
Permanent committee analyses the information submitted by the Member States in implementing the Convention and reports to the Alpine Conference. Permanent Committee meets twice a year; the Compliance Committee is the body that oversees implementation of the commitments and obligations taken under the Alpine Convention. Every 10 years, Contracting Parties have to publish a report concerning the implementation of the Convention and its protocols; the first report was adopted at the Xth Alpine Conference. This treaty dedicated to a specific territory is supported by a Permanent Secretariat, created in 2003, that has its main office in Innsbruck, a branch office in Bolzano-Bozen, Italy; the role of this Permanent Secretariat is to support all the other bodies instituted by the Alpine Convention by providing professional and administrative support, by helping the Contracting parties in implementing projects. The Secretariat is headed by a Secretary General M. Markus Reiterer. Permanent Secretariat carries out different projects and activities for promotion of the Alpine Convention.
The Permanent Committee can establish Working Groups, with a 2-year-mandate, on topics it considers relevant to support the sustainable development within the Alps. The main responsibility of the Working groups and Platforms is the development of new protocols and implementation measures, studies of ongoing developments and reports on the progress to the Alpine Conference and Permanent Committee. Nine Working Groups and Platforms are active: Working Group Transport Natural Hazards Platform Ecological Network Platform Water Management Platform in the Alpine space Large Carnivores and Wild Ungulates and Society Platform - WISO Working Group "Macro-regional strategy for the Alps" "Mountain Farming" Platform "Mountain Forest" Working group "Sustainable Tourism" Working groupWorking groups active in the past were: Working Group UNESCO World Heritage Expert Group -Report from the State of the Alps- Working Group "Demography and Employment" The first meeting of interested countries took place in Berchtesgaden in December 1989.
On 7 the Framework Convention was signed by Austria, France, Italy and Switzerland. Slovenia signed on 29 and Monaco on 20. Ratification occurred between 1994 and 1999. Below is a brief overview about the signatures and the state of ratifications: To date, Alpine states have signed all the protocols, except Monaco that didn't sign the protocol'Energy' and the European Union that didn’t sign the protocols ‘Mountain Forests’ and ‘Settlement of disputes’. Regarding protocol ratification, Switzerland has not ratified any protocols yet. Under the Convention, Member States should adopt specific measures in twelve thematic areas. Of these areas, eight are now protocols annexed to the Framework Convention: Spatial Planning and Sustainable Development.
Environmental law known as environmental and natural resources law, is a collective address environmental pollution. A related but distinct set of regulatory regimes, now influenced by environmental legal principles, focus on the management of specific natural resources, such as forests, minerals, or fisheries. Other areas, such as environmental impact assessment, may not fit neatly into either category, but are nonetheless important components of environmental law. Early examples of legal enactments designed to consciously preserve the environment, for its own sake or human enjoyment, are found throughout history. In the common law, the primary protection was found in the law of nuisance, but this only allowed for private actions for damages or injunctions if there was harm to land, thus smells emanating from pig sties, strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, was limited and found to be woefully inadequate to deal with major environmental threats threats to common resources.
During the "Great Stink" of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. The Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this led people to pollute the river. In 19 days, Parliament passed a further Act to build the London sewerage system. London suffered from terrible air pollution, this culminated in the "Great Smog" of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956; the basic regulatory structure was to set limits on emissions for households and business while an inspectorate would enforce compliance. Notwithstanding early analogues, the concept of "environmental law" as a separate and distinct body of law is a twentieth-century development; the recognition that the natural environment was fragile and in need of special legal protections, the translation of that recognition into legal structures, the development of those structures into a larger body of "environmental law," and the strong influence of environmental law on natural resource laws, did not occur until about the 1960s.
At that time, numerous influences - including a growing awareness of the unity and fragility of the biosphere. While the modern history of environmental law is one of continuing controversy, by the end of the twentieth century environmental law had been established as a component of the legal landscape in all developed nations of the world, many developing ones, the larger project of international law; these are studied in environmental studies Water quality laws govern the release of pollutants into water resources, including surface water, ground water, stored drinking water. Some water quality laws, such as drinking water regulations, may be designed with reference to human health. Many others, including restrictions on the alteration of the chemical, physical and biological characteristics of water resources, may reflect efforts to protect aquatic ecosystems more broadly. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, limiting pollutant discharges from effluent sources.
Regulatory areas include sewage treatment and disposal and agricultural waste water management, control of surface runoff from construction sites and urban environments. Waste management laws govern the transport, treatment and disposal of all manner of waste, including municipal solid waste, hazardous waste, nuclear waste, among many other types. Waste laws are designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment and disposal practices. Environmental cleanup laws govern the removal of pollution or contaminants from environmental media such as soil, surface water, or ground water. Unlike pollution control laws, cleanup laws are designed to respond after-the-fact to environmental contamination, must define not only the necessary response actions, but the parties who may be responsible for undertaking such actions.
Regulatory requirements may include rules for emergency response, liability allocation, site assessment, remedial investigation, feasibility studies, remedial action, post-remedial monitoring, site reuse. Chemical safety laws govern the use of chemicals in human activities man-made chemicals in modern industrial applications; as contrasted with media-oriented environmental laws, chemical control laws seek to manage the pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products, regulating pesticides. Environmental impact assessment is the assessment of the environmental consequences of a plan, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impac
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order initiated by the debtor. Bankruptcy is not the only legal status that an insolvent person may have, the term bankruptcy is therefore not a synonym for insolvency. In some countries, such as the United Kingdom, bankruptcy is limited to individuals. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used for cases of fraudulent bankruptcy, whereas the term faillite is used for bankruptcy in accordance with the law; the word bankruptcy is derived from Italian banca rotta, meaning "broken bench", which may stem from a widespread custom in the Republic of Genoa of breaking a moneychanger's bench or counter to signify their insolvency, or which may be only a figure of speech. In Ancient Greece, bankruptcy did not exist.
If a man owed and he could not pay, he and his wife, children or servants were forced into "debt slavery", until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime under harsher conditions. An exception to this rule was Athens; the Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency. Bankruptcy is documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times. A failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557, 1560, 1575 and 1596. According to Kenneth S. Rogoff, "Although the development of international capital markets was quite limited prior to 1800, we catalog the various defaults of France, Prussia and the early Italian city-states.
At the edge of Europe, Egypt and Turkey have histories of chronic default as well." The principal focus of modern insolvency legislation and business debt restructuring practices no longer rests on the elimination of insolvent entities, but on the remodeling of the financial and organizational structure of debtors experiencing financial distress so as to permit the rehabilitation and continuation of the business. For private households, some argue that it is insufficient to dismiss debts after a certain period, it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. It has been stressed that debt advice, a supervised rehabilitation period, financial education and social help to find sources of income and to improve the management of household expenditures must be provided during this period of rehabilitation. In most EU Member States, debt discharge is conditioned by a partial payment obligation and by a number of requirements concerning the debtor's behavior.
In the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system; the Other Member States do not provide the option of a debt discharge. Spain, for example, passed a bankruptcy law in 2003 which provides for debt settlement plans that can result in a reduction of the debt or an extension of the payment period of maximally five years, but it does not foresee debt discharge. In the US, it is difficult to discharge federal or federally guaranteed student loan debt by filing bankruptcy. Unlike most other debts, those student loans may be discharged only if the person seeking discharge establishes specific grounds for discharge under the Brunner test, under which the court evaluates three factors: If required to repay the loan, the borrower cannot maintain a minimal standard of living. If a debtor proves all three elements, a court may permit only a partial discharge of the student loan. Student loan borrowers may benefit from restructuring their payments through a Chapter 13 bankruptcy repayment plan, but few qualify for discharge of part or all of their student loan debt.
Bankruptcy fraud is a white-collar crime. While difficult to generalize across jurisdictions, common criminal acts under bankruptcy statutes involve concealment of assets, concealment or destruction of documents, conflicts of interest, fraudulent claims, false statements or declarations, fee fixing or redistribution arrangements. Falsifications on bankruptcy forms constitute perjury. Multiple filings are not in and of themselves criminal, but they may violate provisions of bankruptcy law. In the U. S. bankruptcy fraud statutes are focused on the mental state of particular actions. Bankruptcy fraud is a federal crime in the United States. Bankruptcy fraud should be distinguished from strategic bankruptcy, not a criminal act since it creates a real bankruptcy state. Howeve
International law is the set of rules regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations. International law differs from state-based legal systems in that it is applicable to countries rather than to individual citizens. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform to respective parts. National laws or constitutions may provide for the implementation or integration of international legal obligations. International law is consent-based governance, as there is no means of enforcement in a world dominated by sovereign states; this means that a state may choose to not abide by international law, to break its treaty. However, violations of customary international law and peremptory norms can lead to military action or other forms of coercion, such as diplomatic pressure or economic sanctions.
The current order of international law, the equality of sovereignty between nations, was formed through the conclusion of the "Peace of Westphalia" in 1648. Prior to 1648, on the basis of the purpose of war or the legitimacy of war, it sought to distinguish whether the war was a "just war" or not; this theory of power interruptions can be found in the writings of the Roman Cicero and the writings of St. Augustine. According to the theory of armistice, the nation that caused unwarranted war could not enjoy the right to obtain or conquer trophies that were legitimate at the time The 17th, 18th and 19th centuries saw the growth of the concept of the sovereign "nation-state", which consisted of a nation controlled by a centralised system of government; the concept of nationalism became important as people began to see themselves as citizens of a particular nation with a distinct national identity. Until the mid-19th century, relations between nation-states were dictated by treaty, agreements to behave in a certain way towards another state, unenforceable except by force, not binding except as matters of honor and faithfulness.
But treaties alone became toothless and wars became destructive, most markedly towards civilians, who decried their horrors, leading to calls for regulation of the acts of states in times of war. The modern study of international law starts in the early 19th century, but its origins go back at least to the 16th century, Alberico Gentili, Francisco de Vitoria and Hugo Grotius, the "fathers of international law." Several legal systems developed in Europe, including the codified systems of continental European states and English common law, based on decisions by judges and not by written codes. Other areas developed differing legal systems, with the Chinese legal tradition dating back more than four thousand years, although at the end of the 19th century, there was still no written code for civil proceedings. One of the first instruments of modern international law was the Lieber Code, passed in 1863 by the Congress of the United States, to govern the conduct of US forces during the United States Civil War and considered to be the first written recitation of the rules and articles of war, adhered to by all civilised nations, the precursor of international law.
This led to the first prosecution for war crimes—in the case of United States prisoners of war held in cruel and depraved conditions at Andersonville, Georgia, in which the Confederate commandant of that camp was tried and hanged, the only Confederate soldier to be punished by death in the aftermath of the entire Civil War. In the years that followed, other states subscribed to limitations of their conduct, numerous other treaties and bodies were created to regulate the conduct of states towards one another in terms of these treaties, but not limited to, the Permanent Court of Arbitration in 1899; because international law is a new area of law its development and propriety in applicable areas are subject to dispute. Under article 38 of the Statute of the International Court of Justice, international law has three principal sources: international treaties and general principles of law. In addition, judicial decisions and teachings may be applied as "subsidiary means for the determination of rules of law", International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties.
Customary international law is derived from the consistent practice of States accompanied by opinio juris, i.e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally been looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, under the aegis of the United Nations. Codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to such treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are those recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to include all states with no permissible derogations.
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