Author/Authors :
ERKİNER, Hakkı Hakan Marmara Üniversitesi - Hukuk Fakültesi - Milletlerarası Hukuk Anabilim Dalı, Turkey
Abstract :
On the Middle Age the relations between the Christian countries were under the effect of the feudality. The Papacy and The Roman-Germanic Empire had the pretantion to have a universal sovereignty over the countries named “Respublica christiana”. The central kingdoms were weak. With the XIII. century, those monarchies began to strengthen their economical and political conditions and started to liquidate the feudalism. Due to power struggle between the Papacy and the Empire, both fell down. And, national centralized monarchies started to build their sovereign states. Untill then, the scolastical authors have developed varius ideas about “jus gentium” based on religion. During the XV. century the evolution of the national states have accelerated. The international relations between monarchies increased. The necessaty to create rules concerning war and peace, diplomacy and treaties had begun. During the XVII. century, on the new age, where the classical theory of international law has been constructed, “Jus Publicum Europæum” has been developed like “jus inter potestates”. Before the classical construction of the theory of the international law, on the XVI. century, some authors like the spanish theologs gave works about “jus gentium”. Few lawyers, militar or civilian, have written law books about war and peace, embassy, treaties between states. This period has been named on the doctrine as the “early classical period”. Under this frame, Francisco de Vitoria, Do-mingo de Soto, Luis de Molina, Fernando Vasquez de Menchaca, Bartolomé de Las Casas, Juan Ginés de Sepúlveda, Francisco Suarez, Pierino Belli, Balthazar de Ayala, Alberico Gentilis are the authors examined in this article. On this period Francisco de Vitoria and Francisco de Suarez whom gave works, represanted on the history of the international law the first step on its development as an indepanted discipline. Later on, during the XVII. century, the second step starts with Hugo Grotius. On the history of doctrine, the author named Alberico Gentilis constitute a bridge for the passage from the early classical period to the classical period starting with Grotius.
NaturalLanguageKeyword :
History of International Law , The Doctrine of International Law , Jus Gentium On The Middle Age , Laws of Nations on the Renaissance , Early Classical Period of the International Law
