International Law in the 15th and 16th centuries
In medieval times or commonly referred to as the Dark Age, the natural law progressed again through transformation under the church. The role of religion dominates the secular sectors. The social system in Europe at that time consisted of several sovereign states which were feudal in nature and the Holy See.
At that time the concept of a just war emerged in accordance with Christian teachings, which aimed to take action that was not contrary to the teachings of the church. In addition, some of the works of legal experts include issues of war, such as Bartolo who wrote about reprisal actions, Honore de Bonet produced The Tree of Battles in 1380. [6]
Although in medieval international law did not experience significant development, as a result of the great influence of the teachings of the church, but countries outside the reach of the church such as in England, France, Venice, Sweden, Portugal, the seeds of the development of international law began to emerge. The treaties made by the state are more regulating wars, peace, ceasefire and alliances.
The weakening of the power of the church is characterized by secularisation efforts, such as that carried out by Martin Luther as a reformist figure in the church, and along with the formation of modern states. For example, Jean Bodin in Book Six Livers De la Republique 1576, argues that sovereignty or power for the formation of law is an absolute right for the birth of a state entity.
In the fifteenth and sixteenth centuries, there was a new world discovery, a time of scientific enlightenment and reformation which was a religious revolution which had shattered the shackles of political and spiritual unity in Europe and shook up the fundamentals of Christians in the Middle Ages.
Some international legal issues that often arise in international relations include claims for compensation that befall citizens of a country in another country, acceptance and expulsion of foreigners by a country, nationality issues, extraterritorial enforcement of several national laws, interpretation of international treaties, and the enactment of a complicated agreement that most countries apply in the fields of trade, finance, transportation, aviation, nuclear energy.
Violations of international law that result in war, disarmament and illegal arms trade. (Ibid: 18). The various problems above show that international law is still needed to overcome various problems that occur in international relations International law is expected to be able to regulate and provide legal solutions that are appropriate and fair so that they can be recognized and accepted by countries or parties to the conflict, not in conflict with national laws of a country, in an international legal system that is global in nature.
Individual
Individuals as International Law Subjects Individuals as international law subjects have been known since the outbreak of World War I on the basis of peace treaties, as chaired by Chairul Anwar as follows:
Individuals are usually involved indirectly in international law. Individual relations with international law are usually made through the country in which the individual is a citizen. Individuals are given the right to file claims arising out of the World War I Peace Treaty, at various courts established on the basis of such peace agreements. [1]
Looking at Chairul Anwar's description above shows that the individual as the subject of international law is the development of the country as the subject of international law. This is evident from the phrase "individual relations in international law usually take place through the country in which the individual is a citizen". As individuals have the right to file claims arising out of peace agreements in courts established on the basis of international treaties. The position of the individual as the subject of international law is a further development of the country as the subject of international law.