War, the State and International Law in Seventeenth-Century Europe

War, the State and International Law in Seventeenth-Century Europe
Author: Dr Peter Schröder
Publisher: Ashgate Publishing, Ltd.
Total Pages: 296
Release: 2013-06-28
Genre: History
ISBN: 1409480623

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

War, the State and International Law in Seventeenth-Century Europe

War, the State and International Law in Seventeenth-Century Europe
Author: Olaf Asbach
Publisher: Routledge
Total Pages: 303
Release: 2016-02-17
Genre: History
ISBN: 1317000366

One of the great paradoxes of post-medieval Europe, is why instead of bringing peace to a disorganised and violent world, modernity instead produced a seemingly endless string of conflicts and social upheavals. Why was it that the foundation and institutionalisation of secured peace and the rule of law seemed to go hand-in-hand with the proliferation of war and the violation of individual and collective rights? In order to try to better understand such profound questions, this volume explores the history and theories of political thought of international relations in the seventeenth century, a period in which many of the defining features and boundaries of modern Europe where fixed and codified. With the discovery of the New World, and the fundamental impact of the Reformation, the complexity of international relations increased considerably. Reactions to these upheavals resulted in a range of responses intended to address the contradictions and conflicts of the anarchical society of states. Alongside the emergence of "modern" international law, the equation of international relations with the state of nature, and the development of the "balance of power", diplomatic procedures and commercial customs arose which shaped the emerging (and current) international system of states. Employing a multidisciplinary approach to address these issues, this volume brings together political scientists, philosophers, historians of political thought, jurists and scholars of international relations. What emerges is a certain tension between the different strands of research which allows for a fruitful new synthesis. In this respect the assembled essays in this volume offer a sophisticated and fresh account of the interactions of law, conflict and the nation state in an early-modern European context.

Peace Treaties and International Law in European History

Peace Treaties and International Law in European History
Author: Randall Lesaffer
Publisher: Cambridge University Press
Total Pages: 505
Release: 2004-08-19
Genre: Law
ISBN: 1139453785

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.

The Myth of 1648

The Myth of 1648
Author: Benno Teschke
Publisher: Verso Books
Total Pages: 490
Release: 2020-05-05
Genre: Political Science
ISBN: 1789605075

Winner of the 2003 Isaac and Tamara Deutscher Memorial Prize This book rejects a commonplace of European history: that the treaties of Westphalia not only closed the Thirty Years' War but also inaugurated a new international order driven by the interaction of territorial sovereign states. Benno Teschke, through this thorough and incisive critique, argues that this is not the case. Domestic 'social property relations' shaped international relations in continental Europe down to 1789 and even beyond. The dynastic monarchies that ruled during this time differed from their medieval predecessors in degree and form of personalization, but not in underlying dynamic. 1648, therefore, is a false caesura in the history of international relations. For real change we must wait until relatively recent times and the development of modern states and true capitalism. In effect, it's not until governments are run impersonally, with no function other than the exercise of its monopoly on violence, that modern international relations are born.

Legalist Empire

Legalist Empire
Author: Benjamin Allen Coates
Publisher: Oxford University Press
Total Pages: 297
Release: 2016
Genre: History
ISBN: 0190495952

'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.

Space and Fates of International Law

Space and Fates of International Law
Author: Ekaterina Yahyaoui Krivenko
Publisher: Cambridge University Press
Total Pages: 215
Release: 2020-09-17
Genre: Law
ISBN: 1108488757

The first analysis of the influence the concept of space exercised on the emergence and continuing operation of international law.

Intervention and State Sovereignty in Central Europe, 1500-1780

Intervention and State Sovereignty in Central Europe, 1500-1780
Author: Patrick Milton
Publisher: Oxford University Press
Total Pages: 320
Release: 2022-10-20
Genre: History
ISBN: 0192698982

Interventions in other states on behalf of their subject populations is often portrayed as a novel phenomenon in state practice, one which breaches the old principle of sovereignty. But is this practice really so new? Patrick Milton argues that such interventions for the protection of other rulers' subjects occurred frequently as far back as the sixteenth, seventeenth, and eighteenth centuries. It is the first detailed study of interventions in the early modern period and focusses on central Europe, in particular the Holy Roman Empire. It therefore challenges the common view that in the period after the Peace of Westphalia (1648), the legal scope for, and occurrence of, intervention, were reduced. The book sheds new light on the geopolitical and legal interconnections between the old German Reich and Europe, while also providing comparative insights. It investigates the norms inherent in central European interventions and thereby contributes to a better understanding of the political and legal culture of the Empire, while also assessing the relative importance of geopolitical considerations in such undertakings.