Author(s): Benjamin J Parsalaw

Abstract: This paper interrogates the philosophical underpinnings of international law through the lens of juridical science, tracing its evolution from its theological genesis to its present-day secular configuration. Originating in Christian doctrines that sanctified sovereignty as divinely conferred, early international legal thought furnished a moral-legal rationale for empire, conquest, and domination. The Westphalian shift in 1648 marked a pivotal turn toward secularism, anchoring state sovereignty as the cardinal principle of international law and relations; yet within a Eurocentric paradigm that entrenched Western hegemony. Legal constructs such as terra nullius and the Doctrine of Discovery exemplified how the prevailing jurisprudence was employed to justify dispossession, slavery, and colonialism under the guise of legality and moral obligation. Through natural law theories, religious dogma, and economic utilitarianism, international law has long embodied a dialectic between moral aspiration and state interest. This inquiry contends that what is often presented as a neutral and universal system is, in fact, contingent apparatus of domination, sustained by asymmetrical power relations and selective compliance. The ongoing tension between natural law and positive law, between ethics and consent; reveals the internal contradictions embedded in the framework of international law. Critical legal theory challenges this foundation, exposing the structural biases of the international legal order and calling for a redefinition of sovereignty based on equality rather than exclusion. Ultimately, this paper contends that international law must confront its philosophical and moral contradictions if it is to serve as a truly just and universal legal order.

DOI: 10.22271/2790-0673.2025.v5.i2a.214

Pages: 26-39 | Views: 1990 | Downloads: 1404

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