CSS International Law Solved Paper 2018 Question 2 Page: 2 of Question No. 2

Main Proponents of the Naturalist School of Thought

Some of the main proponents of the Naturalist School of Thought include Grotius, Starke, Vattel and Pufendorf. In the beginning of international law, law of nature was associated with religion. However, Grotius gave a secularized concept to the law of nature. He argued that natural law was a 'dictate of right reason' rather than the teachings of religion. Grotius followers applied the law of nature as an ideal law which was founded on the nature of man as a reasonable being.

Starke too opined on the basis of international law and said, "States submitted to international law because their relations were regulated by a higher law, the law of nature, of which international was but a part". The scholars after Starke, Vattel and Pufendorf, also subscribed to the view that international law was a part of greater law, the law of nature.

Criticism on the Naturalist School of Thought

The main criticism on the Naturalist School of Thought is that the term 'nature' is ambiguous. Some people relate nature with religion while other related it to reason, justice and utility. Therefore, the meaning of nature is very vague and uncertain.

Influence of Naturalist School of Thought

Despite criticism, this school of thought was the dominant view in the 16th and 17th Centuries. It greatly influenced the growth and understanding of international law in its early stages. In fact, traces of natural law theories survive even today in state practice. Machine generated alternative text:

Arguments Sounding the Death-Knell of Positivism

Article 2(6) of the UN Charter

The Positivist school of thought maintains that the basis of international law is state practices and treaties. It. implies that a state cannot be forced to do anything under international law, without its consent.

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