Notes and References

Notes and References Introduction 1. Thomas Hobbes, The Elements of Law, Natural and Politic, edited with a Preface and Critical Notes by Ferdinand Tönnies (1889), 2nd edition with a new Introduction by M.M. Goldsmith (London: Frank Cass, 1969). 2. For the text of this work in the English version from 1651, see: Thomas Hobbes, De Cive, The English Version, entitled in the first edition Philosophicall Rudiments concerning Government and Society, ed. Howard Warrender, The Clarendon Edition of the Philosophical Works of Thomas Hobbes, Volume 3 (Oxford: Clarendon Press, 1983). 3. Thomas Hobbes, Leviathan, or the Matter, Form, and Power of a Commonwealth Ecclesiastical and Civil, The English Works of Thomas Hobbes, collected and edited by Sir William Molesworth, Volume 3 (London, 1839). 4. For the authoritative treatment of the modern natural law tradition, the status of Grotius as its founder, and the place of Hobbes within it, see: Richard Tuck, Natural Rights Theories: Their Origin and Development (Cambridge: Cambridge University Press, 1979), especially Introduction, Chapters 3 and 6; Hobbes (Oxford: Oxford University Press, 1989); Philosophy and Government 1572–1651 (Cambridge: Cambridge University Press, 1993), especially Preface, Chapters 5 and 7. 5. For a general survey of the historical development of international law, see: Arthur Nussbaum, A Concise History of the Law of Nations, 2nd edition (New York: Macmillan, 1954), especially Chapters 4–5 for discussion of the principal writers on the law of nations of the seventeenth and eighteenth centuries. 6. Hugo Grotius: De Jure Praedae Commentarius, translation of the original manu- script of 1604 by Gwladys L. Williams with the collaboration of Walter H. Zeydel, The Classics of International Law, No. 22, Volume 1 (Oxford: Clarendon Press, 1950); De Jure Belli ac Pacis Libri Tres (1646 edition), trans. Francis W. Kelsey et al., The Classics of International Law, No. 3, Volume 2 (Oxford: Clarendon Press, 1925). These works are cited hereafter and respectively as JP and JBP. For Grotius in relation to international law, see: Hersch Lauterpacht, ‘The Grotian Tradition in International Law’, British Year Book of International Law, 23 (1946), pp. 1–53. For a collection of articles that go together to provide a detailed survey of the dif- ferent aspects of Grotius’ exposition of the law of war and peace, see: A Normative Approach to War: Peace, War, and Justice in Hugo Grotius, ed. Yasuaki Onuma (Oxford: Clarendon Press, 1993). 7. Samuel Pufendorf: Elementorum Jurisprudentiae Universalis Libri Duo (1672 edition), trans. W.A. Oldfather, The Classics of International Law, No. 15, Volume 2 (Oxford: Clarendon Press, 1931); De Jure Naturae et Gentium Libri Octo (1688 edition), trans. C.H. and W.A. Oldfather, The Classics of International Law, No. 17, Volume 2 (Oxford: Clarendon Press, 1934); De Officio Hominis et Civis juxta Legem Naturalem Libri Duo (1682 edition), trans. Frank Gardner Moore, The Classics of International Law, No. 10, Volume 2 (New York: Oxford 157 158 Notes and References University Press, 1927). These works are cited hereafter and respectively as EJU, JNG and OHC. On the political and legal thought of Pufendorf, see: Leonard Krieger, The Politics of Discretion: Pufendorf and the Acceptance of Natural Law (Chicago and London: University of Chicago Press, 1965), especially Chapters 4–5. For an account by the present author of Pufendorf in his relation to the tradition of international law, and one on which the argument set out in Chapter 3 of this volume is substantially based, see: Charles Covell, ‘Pufendorf and International Law’, Tsukuba University Journal of Law and Political Science, 32 (March 2002), pp. 55–130. 8. Christian Wolff, Jus Gentium Methodo Scientifica Pertractatum (1764 edition), trans. Joseph H. Drake, The Classics of International Law, No. 13, Volume 2 (Oxford: Clarendon Press, 1934). Cited hereafter as JGMSP. 9. Emmerich de Vattel, Le Droit des Gens, ou Principes de la Loi Naturelle, appliqués à la Conduite et aux Affaires des Nations et des Souverains (1758 edition), trans. Charles G. Fenwick, The Classics of International Law, No. 4, Volume 3 (Washington DC: Carnegie Institution of Washington, 1916). Cited hereafter as DG. For a clear and informative treatment of Vattel and his statement of the elements of the law of nations, see: Francis Stephen Ruddy, International Law in the Enlightenment: The Background of Emmerich de Vattel’s Le Droit des Gens (Dobbs Ferry, New York: Oceana, 1975). 10. Immanuel Kant: Perpetual Peace: A Philosophical Sketch, in Kant, Political Writings, trans. H.B. Nisbet, ed. Hans Reiss, 2nd edition, enlarged (Cambridge: Cambridge University Press, 1991), pp. 93–130; The Metaphysical Elements of Justice, Part 1 of The Metaphysics of Morals, trans. John Ladd (Indianapolis and New York: Bobbs-Merrill, 1965). On the international thought of Kant in general, and more particularly in regard to the view that he took of international law, see: F.H. Hinsley, Power and the Pursuit of Peace: Theory and Practice in the History of Relations between States (Cambridge: Cambridge University Press, 1963), Chapter 4; Charles Covell: Kant, Liberalism and the Pursuit of Justice in the International Order (Münster and Hamburg: Lit, 1994); Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations (London: Macmillan, 1998). 11. The full texts of the source materials for current international law as cited are to be found in the appropriate official publications, and also through the numerous relevant internet sites as with the sites specified thus: the Charter of the United Nations (1945) (available at http://www.unhchr.ch/html/ menu3/b/ch-cont.htm); the Statute of the International Court of Justice (1945) (available at http://www.yale.edu/lawweb/avalon/decade/decad026. htm); the Universal Declaration of Human Rights (1948) (available at http://www.unhchr.ch/udhr/lang/eng.htm); the Vienna Convention on Diplomatic Relations (1961) (available at http://www.un.org/law/ilc/texts/ diplomat.htm); the International Covenant on Economic, Social and Cultural Rights (1966) (available at http://www.unhchr.ch/html/menu3/b/ a_cescr.htm); the International Covenant on Civil and Political Rights (1966) (available at http://www.unhchr.ch/html/menu3/b/a_ccpr.htm); the Vienna Convention on the Law of Treaties (1969) (available at http://www.un.org/ law/ilc/texts/treaties.htm); the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations (1970) (available at http://www.hku.edu/law/conlawhk/conlaw/outline/Outline4/2625.htm). Notes and References 159 For authoritative and comprehensive expositions of the system of international law of the period of the United Nations, see: J.L. Brierly, The Law of Nations: An Introduction to the International Law of Peace, 6th edition, ed. Sir Humphrey Waldock (Oxford: Clarendon Press, 1963); L.F.L. Oppenheim, International Law, 9th edition, Volume 1: Peace, Introduction and Part 1, ed. Sir Robert Jennings and Sir Arthur Watts (Harlow, Essex: Longman, 1992); Malcolm N. Shaw, International Law, 4th edition (Cambridge: Cambridge University Press, 1997); Ian Brownlie, Principles of Public International Law, 5th edition (Oxford: Oxford University Press, 1998). 12. In the present volume, there is little or no reference made to the substance of the relevant critical commentaries on Hobbes. For the record, however, it is to be observed that there are brief discussions of Hobbes in relation to the issue of international politics in the two works as follows: Howard Warrender, The Political Philosophy of Hobbes: His Theory of Obligation (Oxford: Clarendon Press, 1957), Chapter 6, pp. 118–20; David P. Gauthier, The Logic of Leviathan: The Moral and Political Theory of Thomas Hobbes (Oxford: Clarendon Press, 1969), Appendix: ‘Hobbes on International Relations’. Warrender is notable, in regard to the concerns that we address in this volume, in that he provided a strong natural law interpretation of Hobbes, where it was argued that Hobbes assigned a binding normative or moral force to the laws of nature, as laws having the status of the commands of God, and where it was pointed to explicitly that Hobbes recognized the reality of the obligations imposed on sovereign rulers under the laws of nature as obligations at international law. The Political Philosophy of Hobbes, Chapter 7, pp. 158–9. (The natural law reading of Hobbes provided by Warrender is akin to the one argued for in an earlier article by A.E. Taylor, in which article it was very clearly underlined how, for Hobbes, sovereign rulers were bound by the obligations set out in the laws of nature (albeit that Taylor did not as such refer directly to the question of international law): ‘The Ethical Doctrine of Hobbes’ (1938), in Hobbes Studies, ed. K.C. Brown (Oxford: Basil Blackwell, 1965), pp. 35–55.) In contrast to Taylor and Warrender, Michael Oakeshott read Hobbes in terms such that Hobbes was taken as having denied to the laws of nature the status of laws proper, and hence as having denied that the laws of nature pos- sessed the binding normative force sufficient for the imposing of real duties and obligations. So also did Oakeshott read Hobbes in terms such that he was taken to have restricted the category of laws proper to that of civil law. This, of course, was a reading where the natural law being denied recognition as law, there was no place for consideration of Hobbes in regard to the principles of the law of nations, or in regard to the tradition of international law and to the line of modern natural law thinkers belonging to it. It was also a reading that reflected the emphasis placed by Oakeshott, as in his own writings in political theory, as to the primacy of state law as the essential form of the rule of law (and with this being to the virtual exclusion on his part of the claims of international law to be considered to have standing as law).

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