Peace Treaties And International Law In European History

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.

A Guide for Diplomats Published at the End of the First World War. While writing this book in 1917, Phillimore anticipated the difficulties that would face diplomats at the conclusion of the First World War. Their task would be, he thought, "a Congress of Vienna, a Hague Conference, and a Geneva Conference rolled into one." Three Centuries of Treaties of Peace and Their Teaching, a historical analysis of treaties enacted from 1582 to 1913, was intended to provide the diplomatic community with "some guidance for the future, that we should thereby acquire some explanation of the condition of Europe on the threshold of the present war, and see the position to which previous diplomatic settlements had brought us" (xii). "The work as a broad, scholarly but condense revue of the peace treaties of three centuries has undoubted interest and value." --CHARLES NOBLE GREGORY, American Journal of International Law 12 (1918) 679. SIR WALTER GEORGE FRANK PHILLIMORE [1845-1929] was a Judge of the High Court Justice from 1897 to 1913, a Lord Justice of Appeal from 1913 to 1916, and in 1918 was raised to the peerage. As an authority on ecclesiastical law and international law Lord Phillimore carried on the tradition of his family. He edited the Second Edition of The Ecclesiastical Law of the Church of England and the Third Edition of Vol. IV of International Law, both by his father, Sir Robert Phillimore. He was President of the International Law Association from 1905-1908. In 1918 he was appointed chairman of the naval prize tribunal. He was the English representative on the commission which sat at The Hague (1920) to prepare the scheme of a permanent Court of International Justice, and was also chairman of the Foreign Office committee on the League of Nations. CONTENTS Preface List of Authorities I. Conditions of a Just, Lasting, and Effective Treaty of Peace II. Lessons Supplied by Treaties of Peace from Westphalia, 1648, to the Congress of Vienna, 1815 III. The Congress of Vienna and its Legacies IV. The Making of Italy and the Remaking of Germany V. The Treaty History of Eastern Europe VI. Extra-European Treaties of Peace VII. Treaties Concerning the Laws of War VIII. How Treaties are Brought to an End IX. Conclusions Chronological List of Treaties Index

The Oxford Handbook of the History of International Law provides an authoritative and original overview of the origins, concepts, and core issues of international law. The first comprehensive Handbook on the history of international law, it is a truly unique contribution to the literature of international law and relations. Pursuing both a global and an interdisciplinary approach, the Handbook brings together some sixty eminent scholars of international law, legal history, and global history from all parts of the world. Covering international legal developments from the 15th century until the end of World War II, the Handbook consists of over sixty individual chapters which are arranged in six parts. The book opens with an analysis of the principal actors in the history of international law, namely states, peoples and nations, international organisations and courts, and civil society actors. Part Two is devoted to a number of key themes of the history of international law, such as peace and war, the sovereignty of states, hegemony, religion, and the protection of the individual person. Part Three addresses the history of international law in the different regions of the world (Africa and Arabia, Asia, the Americas and the Caribbean, Europe), as well as 'encounters' between non-European legal cultures (like those of China, Japan, and India) and Europe which had a lasting impact on the body of international law. Part Four examines certain forms of 'interaction or imposition' in international law, such as diplomacy (as an example of interaction) or colonization and domination (as an example of imposition of law). The classical juxtaposition of the civilized and the uncivilized is also critically studied. Part Five is concerned with problems of the method and theory of history writing in international law, for instance the periodisation of international law, or Eurocentrism in the traditional historiography of international law. The Handbook concludes with a Part Six, entitled "People in Portrait", which explores the life and work of twenty prominent scholars and thinkers of international law, ranging from Muhammad al-Shaybani to Sir Hersch Lauterpacht. The Handbook will be an invaluable resource for students and scholars of international law. It provides historians with new perspectives on international law, and increases the historical and cultural awareness of scholars of international law. It is the standard reference work for the global history of international law.

“The 1713 Peace of Utrecht and its Enduring Effects,” edited by Alfred H.A. Soons, presents an interdisciplinary collection of contributions marking the occasion of the tercentenary of the Peace of Utrecht.

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.

With the benefit of hindsight, presenting the Treaty of Versailles as an example of 'peace through law' might seem like a provocation. And yet, the extreme variety and innovativeness of international procedural and substantial 'experiments' attempted as a result of the Treaty of Versailles and the other Paris Peace Treaties of 1919-1920 remain striking even today. While many of these 'experiments' had a lasting impact on international law and dispute settlement after the Second World War, and considerably broadened the very idea of 'peace through law', they have often disappeared from collective memories. Relying on both legal and historical research, this book provides a global overview of how the Paris Peace Treaties impacted on dispute resolution in the interwar period, both substantially and procedurally. The book's accounts of several all-but-forgotten international tribunals and their case law include references to archival records and photographic illustrations.

This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911). CONTENTS PART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and Subjugation I. Termination of War by Reciprocal Intermission of Hostilities II. Termination of War by Conquest and Subjugation III. Premature Annexation. Views as to Validity of Conquests IV. Main Effects of Conquest and Subjugation with Regard to State Succession Part II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their Effects I. Armistice Conventions II. Interposition of Third Powers III. Preliminaries of Peace IV. Constitution and Procedure of the Peace Conference. General Principles V. Peace Negotiations. Notable Examples from Previous Wars VI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation. VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring Performance VIII. The Treaty of Peace. Main Clauses and Effects IX. The Treaty of Peace. Main Clauses and Effects (continued) X. The Treaty of Peace. Main Clauses and Effects (continued) XI. Effect of Cession. State Succession: Nationality XII. Effect of Cession. State Succession: Treaties. Public Law and Administration XIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private Rights APPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the Work INDEX of Subject-Matter INDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses