Jean-Jacques Burlamaqui Quotes
As to what concerns the tacit consent or customs of nations, on which some doctors (lawyers) establish a law of nations, they cannot of themselves produce a real obligation. For from this only, that several nations have behaved towards each other for some time after a certain manner, it does not follow, that they have laid themselves under a necessity of acting constantly so for the future, and much less, that every other nation is obliged to conform to this custom.
This is a point of view of International law that while in the minority the world over, is quite popular among American conservatives and extreme liberals. Namely that while a government may decide to conform to something called for in “international law”, there is no obligation to continue to do so. A sovereign nation may not relinquish its sovereignty. The United States Constitution may not be waived by an American government. They irony here is that like most modern nations, we want the benefits of certain international laws, like the Law of the Seas, we do not want to be bound by others like the Rights of the Child or the World Court. Theory and practice are often at odds in this area.
Jean-Jacques Burlamaqui, 1694–1750, Swiss Counsel of State & Political Philosopher, The Principles of Political Law, Chapter I, 1748
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Individual countries are bound only by the treaties and compacts that they have signed and ratified. So very often someone will allege that a country has violated international law, but that nation may not have signed the Treaty or Compact that binds them, so thy may not be in violation at all whereas some other country in similar circumstances would be. Also, many countries (including the United States) sign treaties but take exception to some of the provisions. Then there are not bound by that provision. This is what makes International Law so complicated and difficult to understand.
Prior to that the accepted phrase was “Law of Nations,” but soon after Bentham first used “International Law” it caught on and became widespread in the English Language. See Columbia Law Review, Vol. 5, No. 2, February 1905
Those environmentalists who take this view do not give credence to other alternatives. For example, the same argument of environmental decision-making could logically justify one superpower nation taking over the government of all others on the planet for environmental matters. Another possibility is that the existing mechanisms and the UN are sufficient if the major powers reach agreement. Another is that science and technology will provide solutions.
Gets was commenting on the Apple Computer Company who refused to obey a court order to create a program that would break into any iPhone. Apple thought the court order was not only bad public policy, but was not legal, so they refused and appealed to start the legal process. However, the FBI which had claimed that they had no other way to view some critical investigative data, found one, and not wanting the case to go to higher courts where they might or might not lose, the dropped the case, thus stopping the legal appeal as in the United States courts will hot hear theoretical cases as they will in some countries. Since apple was not in danger of being held in criminal contempt any longer the could not longer appeal.
Jean-Jacques Burlamaqui was a Genevan legal and political theorist who popularised a number of ideas propounded by other thinkers.
