الأسس القانونية و الفلسفية للمعاهدات الدولية : دراسة في فلسفة القانون

الملخص EN

Reconsidering the history of humanity, it seems at the first glance that man has been living with others ab initio in some form of gathering, whether in a family or a tribe.

Man is a sociable animal by nature and a political animal as well.

Man differs from other living creatures in the nature of forming his life, and the practical reality reveals that international relations arose since the emergence of human groups, which developed later to form tribes, that developed as well to learn this man the meaning of war and peace on earth.

It is surprising that many scientists and researchers in this field, especially the Westerners, see that international political relations did not exist until the emergence of the nation-state (Conference of Peace of Westphalia, 1648)(3) In this regard, the researcher does not accept this opinion, because international relations date back to much earlier, as it is mentioned above, as evidenced by the archaeological discoveries.

Reviewing history, this will be clearly shown, which confirms the utmost importance of studying the philosophy and history of law.

Such importance gave it the precedence in highlighting the idea of international relations analytically.

The international treaties have appeared since the early ages, starting from the Pharaonic era, through the Greek era and up to the Roman era.

However, when considering the heavenly laws, it becomes clear in all heavenly laws that international relations and treaties are reflected in Islamic jurisprudence, as the principle of the relationship is peace.

Treaties are concluded either to end an accidental war and return to a state of permanent peace, or to determine peace and confirm support in order to leave no room for aggression, except in case of violating the treaty(4)