Among the writers upon subjects connected with international law before the days of Grotius the most prominent are Victoria ( -1550?), Ayala (1548-1584), Suarez (1548-1617), and Gentilis (1551-1611). While in many respects their contributions to the science were valuable, the work of Grotius stands out preëminent among all the early writers.
Hugo Grotius (b. Delft, Apr. 10, 1583; d. Rostock, Aug. 28, 1645). Scholar; jurist; statesman; good family; precocious; prodigious learning in many branches; at fifteen with special embassy to France; at twenty historiographer to the United Provinces; at twenty-five advocate-general of the fisc of Holland and Zealand; married next year Mary van Riegesberg, a worthy help-meet; at thirty pensionary of city of Rotterdam; same year one of deputation to England to settle maritime disputes. Grotius took active part in religious disputes, on which account in 1619 he was sentenced to imprisonment for life and confiscation of his property. Two years later, through cleverness of his wife, he escaped to Paris. Here days of adversity and study. In 1625 "De Jure Belli ac Pacis" published; brought no profit but immediate and lasting fame. Disappointed in his hope to return to permanent residence in Holland; is appointed Swedish ambassador at French Court, 1635-1645. Declines further service in 1645. Retires, honored in all lands; shipwrecked; died at Rostock, Aug. 28, 1645.[40]
Grotius's "De Jure Belli ac Pacis" (1625). An attempt to bring into a systematic treatment those principles which have since become known as international law. Touches upon many other subjects; rich in quotations; broad philosophical basis gives it permanent value. Conditions in Europe at time of appearance of work gave it immediate and powerful influence in determining course of modern political history. Upon the foundation laid by Grotius the modern science has been largely built. Of course, many of the principles expounded by Grotius are no longer applicable, and many new principles, as the doctrine of neutrality, have gained recognition.
Zouch (1590-1660), the successor of Gentilis, as professor of Roman Law at Oxford, while a follower of Grotius in matter and method, deserves mention for his distinction between jus gentium and that law to which he gives the name jus inter gentes, in the French translation called Droit entre les Gens, later Droit International, and in the English, Law of Nations, and since the latter part of the eighteenth century when Bentham led the way, International Law.
Pufendorf (1632-1694) in his voluminous works in general follows Grotius.
Toward the end of the seventeenth century a school opposing the earlier writers arose. This school, headed by Rachel (1628-1691), assigned a stronger authority to the principles of international law, and gave more attention to usage, whether tacitly admitted or plainly expressed, and to compacts.
Bynkershoek (1673-1743), limiting his work to particular subjects in international law, gave to the eighteenth century several authoritative treatises which are justly regarded as of the highest worth. He especially defined the laws of maritime commerce between neutrals and belligerents (De Dominio Maris, 1702), gave an outline of ambassadorial rights and privileges (De Foro Legatorum, 1721), besides contributing to a much clearer understanding of the general subject of international law.
Wolfe (1679-1754) published in 1749 his "Jus Gentium." This bases international law on a sort of state universal, civitas maxima, made up of the states of the world in their capacity as voluntarily recognizing a natural law.
Vattel (1714-1767), an ardent admirer of Wolf, published in 1758 his "Law of Nations," which he based upon the work of Wolf. This work of Vattel was clear and logical and gained an immediate and wide influence, far surpassing that of his master.
Moser (1701-1786) brings into the science the positive method which Rachel had hinted at in his work a hundred years before. He narrows his view to the principles underlying the cases of his own day, and would build the science on recent precedents. The method thus introduced has strongly influenced succeeding writers.