Fra diritto dei contratti e nascita di una nuova scienza: i trattati internazionali della prima età moderna

The thesis will analyze the influence of contract law on theories regarding international treaties, developed in the XVI-XVII century by Pietrino Belli, Balthasar Ayala, Alberico Gentili and Ugo Grozio. Particular attention will be given to the traditional argument, which tends to diminish the contribution made by the precursors of international law, due to their excessive attachment to civil law and their alleged inability to view ius gentium as an autonomous science. Prima facie, the doctrinal works of the early modern period concerning international treaties appear deeply anchored in civil law- However, more in-dept study reveals the problems encountered by jurists in their attempt to govern interstate relations referring only to civil law, and their awareness of the intrinsic differences between the iuris gentium framework and the context in which individuals acted. The idea thus began to emerge that, although the norms of ius civile continued to represent an essential point of reference for the development of the principles of international law, they could not be transformed into interstate law in a purely mechanical way. They must instead be adapted to meet the specific necessities of peoples’ law and applied only if compatible with the general spirit of the latter. This laid the foundations for the consideration of the ius gentium not as a mere appendix of civil law, but as an independent discipline with its own specific principles and institutions.