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Project

The Medieval Foundations of International Law : Baldus de Ubaldis (1327-1400), doctrine and practice of the ius gentium.

In order to understand the concepts and principles from which early-modern international law was developed and present-day international law is ultimately derived, an insight into the Medieval Western civil law tradition is essential. So far, a general and systematic study of Medieval legal scholarship on issues of international law has not been attempted. The project will provide a substantial contribution to that long-term aim through a comprehensive study of a key-figure of late-Medieval legal scholarship: Baldus de Ubaldis (1327-1400). Baldus’ work encompassed both Roman law, canon law and feudal law, and it reflected most of the acquis of earlier scholarship on issues of international law up to his time. In addition, Baldus’ work (in particular his consultations) was also steeped in legal practice. Both his doctrinal commentaries and his consultations exercised a profound influence on later legal scholarship. A study of the concepts and principles relating to international law in Baldus’ work is therefore essential both for a provisional synthesis, in the present state of the art, of Medieval international law scholarship and for any assessment of how international law was developed as a distinctive branch of legal scholarship by early-modern writers. The project will give a full picture of the international law doctrines elaborated by one of the most important Medieval jurists, and contribute to our understanding of the foundations of present-day international law.

Date:1 Jan 2015 →  31 Dec 2018
Keywords:Baldus de Ubaldis
Disciplines:Law, Other law and legal studies