Reciprocity in International Law: Some Historical Aspects

The purpose of this chapter is to provide a general overview of the history and the idea of reciprocity, with particular focus on international relations and law. It begins with a description of the origins of the term, in order to discuss further the etymology and the definitions that lend the notion of reciprocity a universal dimension. The introduction notes that the history of reciprocity is rooted in the writings of philosophers and jurisconsults that start in antiquity, as well as in religious traditions. The concept encompasses the principle of equivalence of exchange and mutual respect for conventions. The second part discusses etymology and definitions, supported by examples to showcase their diversity. The etymologies establish ideas of distance and displacement that are appropriate to international relations. The Latin reciprocatio describes an alternating movement that refers to exchanges. In Greek, the words ἀντιστρέφον and παλίντονος contain an idea of mobility, i.e. a movement towards combat. In order to define the principle, the legal directories also list synonyms whose meaning is close to the word, without fully rendering the meaning, since they also belong to the fields of relations and justice. Then come the opposites that give the definitions further clarity. Dictionaries cite the terms “particularisms” or “blends” that make reciprocity impossible. The third part of this chapter is devoted to the means and ends of reciprocity as a principle with a universal dimension, which has become the golden mean which contains a purpose of goodness and justice. There is a general and doctrinal agreement on the symmetry of this concept which must be applied in times of peace or war (the latter with greater difficulty). In happy times, the treaties establish contracts of friendship drafted in terms that seal the reciprocity of the bonds. The idea can lead to φιλία, with mutual friendship between states. Yet this can also be reflected in enmity, with the limits brought about by the law of retaliation and the theories of just war, as well as the modern concept of civilised nations. The final part of the chapter synthetises the considerations within it through a set of observations, linked to other disciplines, including in particular the views of Charles Valy Tuho, Rector of the University of Abidjan. He reiterates the universal nature of reciprocity, which leads to prosperity and reconciliation between nations.