Analysis on the Roman Law Foundations of International Law
HE Qinhua1,LU Peixin2
1.Institute for Legal Civilization History, East China University of Political Science and Law
2.School of Law, East China University of Political Science and Law
Abstract：Modern international law has embraced various historical resources along with its formation and development. Roman law has the most profound influence on international law in terms of its legal principles, concepts and spirits. Accordingly, this paper investigates the Roman law influence on modern international law from the perspectives of categories, principles, institutions, concepts and spirits, trying to sort out the Roman law genes embedded in modern international law. Firstly, the concept of modern international law is related to Roman “ius gentium”. Secondly, with efforts from jurists such as Grotius, important private law principles in Roman law have gradually evolved into basic rules in modern international law through transplantation, interpretation and deduction. Most importantly, the essential legal concepts and legal spirits derived from Roman law, such as equality, equity and justice, have led modern international law to evolve and develop towards the theme of civilization and peace during centuries through the interaction between Roman law and international law. Exploring the influence of Roman law on the growth of international law is essential for understanding domestic and international legal order, enriching the connotation of the international law discourse system, and building the international rule of law direction of the community with a shared future for humanity.
何勤华,路培欣. 近代国际法之罗马法基因考[J]. 浙江工商大学学报, 2022, 36(6): 51-63.
HE Qinhua,LU Peixin. Analysis on the Roman Law Foundations of International Law. Journal of Zhejing Gongshang University, 2022, 36(6): 51-63.
2022, Vol. 36 
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