Sobre el Derecho a la Paz y a la Guerra en Francisco de Vitoria. Una Cuestión Actual

Abstract

Francisco de Vitoria is considered the creator of modern international law, in addition to having set the legal conditions for justice before, during and after the wars. The political and legal philosophy of Vitoria was animated by a sincere and undeniable desire for peace as a natural and desirable state for the Republic. To that end, he proceeded to legally establish the limits of the right to war in its entirety. However, the foregoing does not mean that Vitoria built a “right to peace” in the subjective sense that this term has, since even today there is no precise legal configuration of said “right to peace”.