Legal Definitions - law of nature and nations

The term law of nature and nations refers to a historical concept that encompasses the fundamental principles and rules governing the conduct of states in their relations with one another. It draws upon two main ideas:

• Law of Nature: This component suggests that certain universal moral principles and inherent rights are discoverable through reason and are binding on all human beings and, by extension, on states. These are considered immutable and independent of any specific human legislation.
• Law of Nations: This component refers to the body of rules and customs that states have historically recognized and followed in their interactions. Over time, this evolved into what is now known as public international law, which includes treaties, customary practices, and general principles of law.

In essence, the "law of nature and nations" represents an early philosophical and legal framework for understanding international relations, positing that there are both inherent moral duties and established practices that govern state behavior. While modern international law is primarily based on state consent (through treaties) and customary practice, the historical influence of natural law principles remains relevant in areas such as human rights.

Here are some examples to illustrate this concept:

• Example 1: Prohibition of Genocide

  Even before specific international treaties like the Convention on the Prevention and Punishment of the Crime of Genocide were widely ratified, the systematic extermination of a national, ethnic, racial, or religious group was widely condemned as an atrocity against humanity. This condemnation stemmed from a deeply held belief in fundamental human dignity and the inherent wrongness of such acts, reflecting the "law of nature" aspect. The "law of nations" then solidified this through customary practice and later, treaties, making it a universally binding prohibition regardless of whether a specific state has signed a particular convention.

• Example 2: Diplomatic Immunity

  The principle that diplomats are immune from prosecution in the host country is a long-standing custom recognized by virtually all nations, even prior to the formal codification in treaties like the Vienna Convention on Diplomatic Relations. This practice developed over centuries out of the practical necessity for states to conduct relations without fear of their representatives being arbitrarily detained or harassed. This universal acceptance and adherence to a customary practice, driven by the practical needs of state interaction, exemplifies the "law of nations" component, which was seen as a rational and necessary rule for international order.

• Example 3: Freedom of Navigation on the High Seas

  For centuries, the concept that the open ocean (the high seas) is not subject to the sovereignty of any single state and is open for use by all nations for navigation and fishing has been a foundational principle. This idea, often articulated as mare liberum (free sea), arose from a recognition of the shared nature of the oceans and the practical impossibility and undesirability of one nation controlling vast expanses of water. This principle, rooted in both the inherent nature of the resource and the long-standing practice and mutual recognition among maritime powers, illustrates how the "law of nature and nations" established fundamental rules for shared global spaces long before comprehensive treaties like the UN Convention on the Law of the Sea existed.