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1
Krivokapić, Boris. "Significance of the Peace of Westphalia (1648) for international law." Revija Kopaonicke skole prirodnog prava 5, no. 1 (2023): 47–70. http://dx.doi.org/10.5937/rkspp2301047k.
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The Peace of Westphalia (1648) is often cited as a turning point in the development of international law, with some believing that this law was born there, others claiming that it was then that modern or at least universal law was born, while others, giving the periodization of the development of international law, rely on Westphalian conference as an important event. The author gives a critical review of those views, proving that international law was created parallel to the emergence of the first states, that it was rather developed even before the Peace of Westphalia, that the solutions of that peace were essentially nothing really new, that these solutions were not of importance for countries outside the circle of Western European states, etc. However, he also notes that in the last few years, the essence of what is known as the so-called Westphalian system, and especially the understanding that states are sovereign and therefore equal and that intervention in the affairs of other states is prohibited. The author points out that such attitudes are often a function of the policy of demolishing the existing one and establishing some kind of new, significantly different order, in which the vast majority of states would not be sovereign and in which all power would be concentrated in only one center. He concludes that a sober criticism of the attitude that "everything started" from the Congress of Westphalia seems justified and necessary, but that one should not go to the other extreme, especially not if it is motivated by political reasons.
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Borshch, Irina Valer'evna. "The peace of Westphalia and religion in the context of the evolution of public law in Europe." Contemporary Europe, no. 1 (February 15, 2023): 173–83. http://dx.doi.org/10.31857/s020170832301014x.
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The article describes the consequences of the «post-secular turn» in social sciences, in particular, in the history of law and the theory of international relations as applied to the study of the Congress of Westphalia and the Peace Treaty of 1648. The author shows how new approaches in the international theory (from realism to constructivism and neorealism) contributed to the criticism of the «secular myth of Westphalia». The author considers new perspectives on the religious issue at the Westphalian Peace Congress in terms of the evolution of public law in Europe. Westphalia is seen as a set of religion ideas, which caused a revolution in the concept and practice of sovereignty and Westphalia as the last Christian Peace. The article discusses the role of the legal principles of religious freedom and the confessional truce of the XVII century in the formation of the Westphalian system of security guarantees in Europe. The changes in the role of the Pope in international law during and after the Westphalian negotiations and the consequences of the Treaty for protestant and catholic conditions are indicated. The study reveals how various Christian denominations participated (ideologically and politically) in the Westphalian negotiations, while discussing the «special case» of Orthodoxy, taking into account the diplomatic rapprochement of Moscow, Stockholm and Paris before the Westphalian Peace Congress.
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Topić, Marko, Zrinka Erent-Sunko, and Miran Marelja. "Legal Duality of the Peace of Westphalia." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 44, no. 2 (2023): 335–55. http://dx.doi.org/10.30925/zpfsr.44.2.2.
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Westfalski mir vratio je stabilnost Europi, okončavši Tridesetogodišnji rat (1618. - 1648.), koji se odvijao pretežno na području Svetog Rimskog Carstva te Nizozemski ustanak, poznat i kao Osamdesetogodišnji rat (1566. - 1648.) između Španjolske i Nizozemske. Nakon uvodnog razmatranja Westfalskoga kongresa, u radu se analiziraju najbitnije odredbe mirovnih ugovora koje im pridaju važnost ustavnopravnog akta Carstva, poput odredbi o vjerskim pitanjima, opće amnestije i prava zemalja Carstva. Na ove ustavnopravne odrednice nadovezuje se pitanje jamstva i zaštite izvršenja sadržanih prava i sloboda. Pritom se vanjske implikacije mirovnog ugovora zaokružuju raščlambom te kritikom koncepta westfalske suverenosti. Upravo će očuvanje krhke ravnoteže proizašle iz političke slabosti Carstva omogućiti razvoj novoga međunarodnog političkog (i pravnog) okvira u Europi.
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Nefedov, B. "The critique of the Westphalian peace narrative." International Trends / Mezhdunarodnye protsessy 20, no. 3 (September 30, 2022): 6–27. http://dx.doi.org/10.17994/it.2022.20.3.70.3.
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The article studies perceptions of the Peace of Westphalia that were formed in the fields of international relations history and the general theory of international law as a result of conflicting doctrines, with some claiming the Westphalian treaties of 1648 are of universal significance for these scientific fields, and others, conversely, denying that these treaties had any sort of influence on the formation of a modern system of international relations and the formation of international law as a legal system. The article concludes that the treaties of the Peace of Westphalia does not actually contain many of the provisions attributed to them. These norms often arise only from their interpretation. However, the critics of the treaties’ significance for the history of international relations and their international legal regulationwho focused their attention only on the verbatim text of these documents while ignoring the historical conditions surrounding their development and adoption, failed to properly assess their impact. The Westphalian Congress was the first congress in world history that was pan-European in character. Its widely representative nature, the lengthy period of time during which it was held, the content of the treaties and the universally binding nature of their provisions, as well as the protocol rules, allow us to claim that the states of this world region started to identify themselves as part of a single pan-European international community. Moreover, the Congress also saw the creation, in a relatively short time, not only of treaties, but also of customary norms of general international law that were of fundamental importance for the formation of a new system of international relations. Despite the fact that most of the provisions of the Peace Treaty of Westphalia of 1648 havean applied nature, it is by no means an insignificant medieval treaty, the only virtue of which lies in it ending the Thirty Years' War. The Peace of Westphalia is an example of the first pan-European international treaty in world historywhich formulated a number of binding norms for all states of this part of the world. To sum up, the Westphalian Peace Treaty was, a historic breakthrough the creation of treaty norms of general international law, and therefore the it should be deemed a historical milestone in the creation of international law as a legal system.
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Belyayev, Michail. "THE REPUBLIC OF THE UNITED PROVINCES POLICY AT THE PEACE OF WESTPHALIA CONGRESS AND THE PEACE OF MÜNSTER CONCLUSION." Izvestia of Smolensk State University, no. 1 (49) (May 26, 2020): 211–26. http://dx.doi.org/10.35785/2072-9464-2020-49-1-211-226.
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The Northern Netherlands fought for liberation from Spanish rule for 80 years. The country needed peace and confirmation of sovereignty. Spain, weakened by the war, was also interested in a peace treaty conclusion. Dutch-Spanish negotiations at the Peace of Westphalia Congress had not been held until January, 1646. The parties relatively quickly agreed on the basic terms of
the agreement. They managed to resolve the issues of colonial conquest, trade, and the closure of the Scheldt. The contradictions, remained unresolved, concerned the position of the Catholic religion on the Lands of the Generality. However, there was no unity regarding the conclusion of peace in the republic itself. The province of Zeeland opposed the conclusion of the treaty. Despite this fact, in January 1647 a preliminary
peace agreement was signed. It should come into force in case of signing the same Franco-Spanish agreement. In accordance with the Franco-Dutch Union Treaty, its parties undertook not to conclude a separate peace. However, France and Spain could not come to an agreement. As a result of the internal political struggle in the republic, the victory was won by the supporters of the separate peace conclusion.
On January 30, 1648 the Peace of Münster was concluded between Spain and the Republic of the United Provinces. On May 15, 1648 the parties exchanged instruments of ratification. At the end of May, 1648 the province of Zeeland agreed to the peace concluded.
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Pickering, Steve. "Divide and Conquer: The Impact of “Political” Maps on International Relations." Peace Economics, Peace Science and Public Policy 20, no. 3 (August 1, 2014): 461–78. http://dx.doi.org/10.1515/peps-2014-0012.
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AbstractFor researchers and students of International Relations (IR), one date looms larger than all others: 1648. The end of the Thirty Years War, formalized by the signing of the Treaties of Osnabrück and Münster, led to a period known as the “Peace of Westphalia.” Westphalia represented a fundamental change in the power balance of European politics: instead of the Holy Roman Empire holding supreme authority, power would now rest with states themselves, manifested in terms of sovereignty, territory and equality. One of the chief ways in which these “Westphalian” states would cement this authority was through the use of maps. Before 1648, there was little on a European map to indicate where one country ended and another one began. But after 1648, this all changes: these new Westphalian states are represented with bright colors and clearly marked boundaries, defining borders and becoming an important part in creating the state and justifying its sovereignty. The role which maps have played in the spread of the Westphalian state is only just beginning to be researched. Yet the limited efforts to date have all focussed on Europe. This is unfortunate, as today, while Europe has, according to some observers, moved into a stage in which Westphalia is no longer a useful model with which to understand the state and the ways in which it relates to sovereignty, government, power and the individual, the old Westphalian model of the state has more recently been exported all around the world. This paper presents the first part of a project which aims to look at this expansion. The European angle will be presented in this paper; future research will be carried out in China, Japan and Taiwan.
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Ivonina, Liudmila. "Iconography of Peace Сongresses during the Formation of the Westphallian System." Eikon / Imago 10 (February 8, 2021): 349–54. http://dx.doi.org/10.5209/eiko.74157.
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The formation of the first state system in Europe took place from the conclusion of the Peace of Westphalia in 1648, as a result of the Thirty Years’ War (1618-1648), to the Utrecht (1713), Rastatt-Baden (1714) and Nystad Congresses (1721) which finished the end of the war of the Spanish Succession and the Northern war. The legal fixation of the Westphallian system was accompanied by its public perception and acceptance. First of all, this was demonstrated by International Congresses, which were not only a common negotiation process, but also a place of representation of the significance and culture of each state. In fact, the European Congress was a carefully designed triumph of Рeace within the continent, which required considerable funds, was widely covered in the press and glorified in celebrations, paintings, plastic art, release of commemorative medals, poetry and even fashion. The article presents the most striking examples of iconography of Peace Congresses. The author believes that their performative nature and iconography, emphasizing the European character of Peace and the protopatriotic moods that it evoked, made a significant contribution to the civilization heritage of Europe.
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Filho, Marcílio Toscano Franca. "Westphalia: a Paradigm? A Dialogue between Law, Art and Philosophy of Science." German Law Journal 8, no. 10 (October 1, 2007): 955–75. http://dx.doi.org/10.1017/s2071832200006118.
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On 23rd June 2007, after three years of uncertainty, European Union leaders agreed on relaunching the old idea of a Magna Charta for Europe (now called “the Reform Treaty”), a normative structure based on the old ideas of deference to national identities, sovereignty and equality. To many authors, the first time that juridical equality between states was solemnly stated was in the aftermath of the Thirty Years’ War (1618-1648), in the Westphalia Peace Treaties, representing the beginning of modern international society established in a system of states, and at the same time, “the plain affirmation of the statement of absolute independence of the different state orders.” In fact, under an Eurocentric conception of political ideas (which envisages England as an isolated island and Iberia as Maghreb, north of Africa), the modern state emerges with the Westphalia Peace Treaties. However, under a broader conception, the modern nation-state (under the form of absolute monarchy) emerged long before the Westphalia Peace Treaties, in Iberia and England. Nevertheless, it is in these documents which lies the “birth certificate” of the modern sovereignty nation-state, base of the present democratic state, and “founding moment” of the international political system. Far beyond this merely formal aspect, the importance of the Westphalia Peace Treaties is so great to the understanding of the notion of state that Roland Mousnier, in describing the 16th and 17th centuries in the General History of the Civilizations, organized by Maurice Crouzet, asserts that those treaties symbolized a real “constitution of the new Europe,” a multifarious Europe, plural and very distant from the religious unit of Christianity, from the political unit of the Holy Roman Empire, and from the economical unit of the feudal system. Constitutions are especially important because they establish the rules for the political authority, they determine who governs and how they govern: “[I]n codifying and legitimating the principle of sovereign statehood, the Westphalian constitution gave birth to the modern states-system.”
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Osiander, Andreas. "Sovereignty, International Relations, and the Westphalian Myth." International Organization 55, no. 2 (2001): 251–87. http://dx.doi.org/10.1162/00208180151140577.
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The 350th anniversary of the Peace of Westphalia in 1998 was largely ignored by the discipline of international relations (IR), despite the fact that it regards that event as the beginning of the international system with which it has traditionally dealt. By contrast, there has recently been much debate about whether the “Westphalian system” is about to end. This debate necessitates, or at least implies, historical comparisons. I contend that IR, unwittingly, in fact judges current trends against the backdrop of a past that is largely imaginary, a product of the nineteenth- and twentieth-century fixation on the concept of sovereignty. I discuss how what I call the ideology of sovereignty has hampered the development of IR theory. I suggest that the historical phenomena I analyze in this article—the Thirty Years' War and the 1648 peace treaties as well as the post–1648 Holy Roman Empire and the European system in which it was embedded—may help us to gain a better understanding of contemporary international politics.
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Krasner, Stephen D. "Rethinking the sovereign state model." Review of International Studies 27, no. 5 (December 2001): 17–42. http://dx.doi.org/10.1017/s0260210501008014.
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The Peace of Westphalia, which ended the Thirty Years' War in 1648, is generally understood as a critical moment in the development of the modern international system composed of sovereign states each with exclusive authority within its own geographic boundaries. The Westphalian sovereign state model, based on the principles of autonomy, territory, mutual recognition and control, offers a simple, arresting, and elegant image. It orders the minds of policymakers. It is an analytic assumption for neo-realism and neo-liberal institutionalism. It is an empirical regularity for various sociological and constructivist theories of international politics. It is a benchmark for observers who claim an erosion of sovereignty in the contemporary world.
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Ivonina, Liudmila. "The Triumph of Peace: International Congresses and European Society in the Time of Courts and Alliances." ISTORIYA 13, no. 1 (111) (2022): 0. http://dx.doi.org/10.18254/s207987840018801-0.
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The formation of the first state system in Europe took place from the conclusion of the Peace of Westphalia in 1648, as a result of the Thirty Years' War (1618-1648), to the Utrecht (1713) and Rastatt-Baden (1714) Congresses which finished the end of the war of the Spanish Succession. The legal fixation of the Westphallian system was accompanied by its public perception and acceptance. First of all, this was demonstrated by International Congresses, which were not only a common negotiation process, but also a place of representation of the significance and culture of each state. In fact, the European Congress was a carefully designed triumph of peace within the continent, which required considerable funds, was widely covered in the press and glorified in celebrations, paintings, the release of commemorative medals, poetry and even fashion. The article presents the most striking examples of the analysis of the representation forms of Peace Congresses. The author believes that negotiations between states and the conclusion of peace made a significant contribution to the civilization heritage of Europe. The factor of transition from war to peace was the strongest stimulus for the transformation of the government structure in line with the monopolization of power, the development of trade, the banking system, productive forces and culture, which changed people's attitude to their own personality and environment. The publicity of International Congresses can also be considered as incentive for the development of the Law of Nations and as an act of humanitarian diplomacy. Peace Congresses were designed to minimize the heavy legacy of military conflicts in the historical memory.
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Nazari, Mohammad Jawad, Mohammad Ali Amini, and Shirali Samimi. "Study of Historical wars during the thirty years in Europe (1618-1648)." Sprin Journal of Arts, Humanities and Social Sciences 3, no. 2 (February 3, 2024): 16–20. http://dx.doi.org/10.55559/sjahss.v3i2.201.
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This paper investigates the emergence of Protestantism in the 16th century, leading to a profound rift with Catholicism and culminating in the Thirty Years' War triggered by the Defenestration of Prague in 1618. Examining the complexities of this conflict, the paper explores why nations such as France, Sweden, and Denmark supported the Protestants, contrasting with Spain and the Holy Roman Empire's alignment with Catholics. The narrative extends to the Peace of Westphalia in 1648, a transformative agreement reshaping Europe's political and religious landscape. Analyzing the social events surrounding the war, the paper highlights its role in separating religious institutions from politics. Adopting an analytical and descriptive approach, the research draws insights from historians, presenting a comprehensive understanding of the war's impact on the relationship between religion and politics.
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Croxton, Derek. "The Peace of Westphalia of 1648 and the Origins of Sovereignty." International History Review 21, no. 3 (September 1999): 569–91. http://dx.doi.org/10.1080/07075332.1999.9640869.
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Vasetsky, V. Y. "The influence of socio-political events in Europe in the XVI-XVII centuries on the development of legal doctrine of Modern history." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 136–41. http://dx.doi.org/10.33663/2524-017x-2021-12-23.
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In the history of the country’s development there are periods in which significant changes in social, political and economic life take place. These undoubtedly include the period of the European Reformation of the XVI-XVII centuries. Socio-political events in critical periods are at the same time the source of development in the legal sphere, when often in the struggle crystallize new, necessary for the development of the state, legal provisions of a doctrinal nature. The aim of this paper is to analyze the socio-political events in Europe in the XVI-XVII centuries, the results of the Thirty Years’ War and the significance of the Peace of Westphalia in 1648 in terms of influencing the development of legal doctrine of Modern history, and also to provide a comparison with the peculiarities of the socio-political situation that took place in the Ukrainian lands of that time. It is noted that since the beginning of the XVI century. almost the entire world of that time was covered by the Reformation. First of all, it was a broad socio-political movement that took the form of a struggle with the Catholic Church. Against this backdrop of socio-political and economic change, Protestantism has become widespread throughout Europe, associated with the names of Martin Luther, Jean Calvin, and Ulrich Zwingli. At the same time, the Catholic Church and the Jesuits opposed the Reformation and led the Counter-Reformation. The result of this confrontation was the Thirty Years’ War - the first pan-European war of 1618 – 1648 between the Catholic Union and the coalition of Protestant states. In European history, this war has remained one of the most terrible European conflicts. Historians estimate that more than 2 million military and more than 6 million civilians were killed. Thirty Years’ War in Europe in the XVII century. ended with the signing in 1648 at the same time in Münster and Osnabrück peace treaty, which was called the Peace of Westphalia in 1648. It is emphasized that the Peace of Westphalia contains a number of provisions of a doctrinal nature. It is made conclusion that this treaty was the source of modern international law and had a long-term impact on the development of relations between states. Among the most important principles of doctrinal nature are the following: state sovereignty has become a universally recognized legal category; the principle of freedom of conscience is recognized with certain restrictions; the idea of sovereignty and independence of each state was opposed to the idea of a single Christian community; proclaimed the idea of ensuring certain human rights, especially the principle according to which private property and the rights of citizens of a hostile state could not be changed by war. Ukrainian ties with European events of that era also took place. This was reflected in the text of the Treaty of Osnabrück, where Ukrainians are noted as allies of Sweden, and the Treaty determined the relevant international legal status of Transylvania at that time. It is noted that the period of the Reformation coincides with the events in Ukraine, as a result of which the Ukrainian Liberation War began, led by Bohdan Khmelnytsky. Keywords: European Reformation, Peace of Westphalia, legal doctrine, origins of law, the Revolution of Bohdan Khmelnytsky.
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Lazareva, Arina. "“Great Atlant”: Emperor Ferdinand III (1637—1657) as a German National Hero." ISTORIYA 14, no. 7 (129) (2023): 0. http://dx.doi.org/10.18254/s207987840027473-9.
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The article deals with the appearance of the image of the Holy Roman Emperor Ferdinand III as a national hero in German journalism. There are still not many works devoted to Ferdinand III in historiography. The discussion surrounding his reign continues to highlight the weakness of imperial power during the Congress of Westphalia. The traditions of glorification of rulers were acquired in German printed publications of the middle of the 17th century pronounced national connotation. The Peace of Westphalia gave a new impetus to the development of the German national idea. Despite the emperor’s loss of some important prerogatives during the Congress of Westphalia, Ferdinand III turned on the pages of printed matter into a “German hero” who ended the Thirty Years’ War (1618—1648), who recreated the unity of the Empire and became its full head. The emperor is presented in the writings of the era as the defender of the German nation, thanks to whom the Empire was not only able to withstand thirty years of military chaos, but proved its viability and even reached a new peak. Constructing the image of a national hero, the authors addressed both the real political possibilities of the imperial power after the conclusion of the Peace of Westphalia, and the moral arsenal of virtues, which the emperor had. The ideas of his inherent patriotism and his desire to care for the Fatherland constituted the main components of the image of the ideal ruler and national hero and firmly entered the national discourse. During his lifetime, publicists turned Ferdinand III into a symbol of the German nation and laid the foundation for similar writings in subsequent eras.
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Montcher, Fabien. "The Portable Archives of the Westphalian Negotiations: From Archival Arsenals to Archival Absolutism (France, Portugal, and Spain)." Journal of Early Modern History 22, no. 5 (October 2, 2018): 348–70. http://dx.doi.org/10.1163/15700658-12342598.
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Abstract This article analyzes the formation of scholar-jurists’ archives during Late Renaissance conflicts and their use by individuals and state powers. Departing from the case of the French scholar, Théodore Godefroy (1580-1649), and his role in the Peace of Westphalia (1643-1648), this article shows how scholars’ portable archives were used as archival arsenals during diplomatic negotiations, eventually leading to the adoption of a system of “archival absolutism” in France. This archival absolutism was a reaction to the fragmentation of archives that had previously fostered trans-imperial exchanges among scholars. This article also demonstrates, through the case of Godefroy’s portable archive and correspondence, how the search for political legitimacy by a “restored” monarchy—like Portugal—during a period of conflict between the chief hegemonic powers in western Europe—Spain and France—contributed to the distinct development of those states’ uses of legal experts and their archives over the course of the seventeenth century.
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Skorobogatov, Andrey. "Peace of Westphalia 1648 and the Formation of Sovereign Statehood in Western Europe." Journal of Foreign Legislation and Comparative Law 18, no. 5 (January 2, 2023): 1. http://dx.doi.org/10.12737/jflcl.2022.059.
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Mayes, David. "Divided by Toleration: Paradoxical Effects of the 1648 Peace of Westphalia and Multiconfessionalism." Archiv für Reformationsgeschichte - Archive for Reformation History 106, no. 1 (October 1, 2015): 290–313. http://dx.doi.org/10.14315/arg-2015-0111.
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Régibeau, Julien. "Beyond Protest." Quellen und Forschungen aus italienischen Archiven und Bibliotheken 103, no. 1 (November 1, 2023): 289–308. http://dx.doi.org/10.1515/qufiab-2023-0016.
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Abstract The systematic protests by the nuncio Fabio Chigi against the peace treaties negotiated during the Congress of Westphalia (1643–1649) have long been interpreted as a papal diplomatic failure, at a time when the ideal of Christianity was definitively giving way to a Europe made up of states. This paper seeks to move away from this categorical interpretation of the phenomenon. By studying the correspondence of the nuncios stationed in Madrid, Paris, Brussels and Vienna, the aim is to analyse how the peace of Westphalia was received, and determine whether this reception differs from the protest politics pursued by Fabio Chigi in Münster. It emerges that the nunciatures had varied reactions to the negotiations and the treaties, within fragmented contexts where the peace in Germany was just one of many current events, which were dominated by ongoing conflicts. The primary characteristic of these reactions is that they result from the local activities of each nuncio. By focusing on the variety of reactions, this study offers a polycentric and interconnected understanding of papal diplomacy at the time of the Congress of Westphalia. It aims to provide a better comprehension of the ‚agency‘ of the apostolic nuncios in redefining the diplomatic culture of the Holy See, through their differing receptions, practices and uses of the notion of peace.
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Maass, Matthias. "The International States Systems Since 1648 and Small States 'Systemic Resilience'." International Studies Review 10, no. 2 (October 15, 2009): 31–51. http://dx.doi.org/10.1163/2667078x-01002002.
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Since 1648, the number of small states has varied significantly. There have been more than one "rise and fall" in the number of small states. This study begins a broader analysis into causality by investigating this phenomenon. By setting out the changes in the composition of the international states system since its inception in its modem form with the Peace of Westphalia, the study intends to discuss the proliferation of small states over time as a significant phenomenon in the history of international relations. The study then continues by linking the changes in the number of small states to major systemic changes, arguing that different types of states system correspond to different levels of "systemic resilience" of small states.
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Belyaev, Mikhail. "Acts of the Westphalian Congress in the Published Documents of the Posolsky Prikaz." ISTORIYA 13, no. 12-1 (122) (2022): 0. http://dx.doi.org/10.18254/s207987840020933-5.
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This article is devoted to the analysis of some published documents of the Posol’sky Prikaz concerning the Peace of Westphalia. Among these documents, the translation of the text of the preliminary agreement of August 6, 1648. As far as Russian translation correctly reflects the actual content of the document, the use of the text in Latin will help. In general, the translation of the agreement correctly reflects the content of the Latin text. In addition to the “chiming clock”, the Posol’sky Prikaz used other sources of information: “article lists”, interrogation speeches, and so on.
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Lesaffer, Randall. "The Westphalia Peace Treaties and the Development of the Tradition of Great European Peace Settlements prior to 1648." Grotiana 18, no. 1 (1997): 71–95. http://dx.doi.org/10.1163/187607597x00064.
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Whaley, J. "Book Review: La Paix de Westphalie (1648). Une histoire sociale, XVIIe-XVIIIe siecles; The Peace of Westphalia. A Historical Dictionary." German History 22, no. 2 (January 1, 2004): 121–22. http://dx.doi.org/10.1177/026635540402200107.
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Milton, Patrick. "The Mutual Guarantee of the Peace of Westphalia in the Law of Nations and Its Impact on European Diplomacy." Journal of the History of International Law / Revue d’histoire du droit international 22, no. 1 (March 11, 2020): 101–25. http://dx.doi.org/10.1163/15718050-12340132.
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Abstract This paper seeks to investigate how the mutual guarantee clauses of the treaties of Westphalia, which ended the Thirty Years War in 1648, affected European diplomacy until the late eighteenth century. It will first analyse the reception and impact of the guarantee of the Peace of Westphalia in the European Law of Nations and in subsequent treaty law. Secondly, it will assess the practical impact of this feature of the Law of Nations on European diplomacy, and how this influence changed over time. This will also include an analysis of how diplomacy and shifting power-political currents altered the content of the guarantee in the Law of Nations. In analysing the guarantee’s influence on diplomacy, the paper places a particular emphasis on Franco-Imperial and Swedish-Imperial relations, as well as the perception of the guarantee among diplomats and other political actors during political, constitutional and confessional conflicts within the Holy Roman Empire.
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Ivonina, L. I. "Sacralization of Peace by the Choice of Dates for Conclusion of International Treaties within Westphalian System." MGIMO Review of International Relations 14, no. 6 (December 29, 2021): 140–52. http://dx.doi.org/10.24833/2071-8160-2021-6-81-140-152.
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The issues of peace have always been important for historical science. However, in recent years, international historiography began to pay attention to Peace congresses' symbolism and socio-cultural design. The symbolic power of "special days" whether it is a Christian holiday or an event of exceptional significance allowed people of early Modernity to express their attitude to reality and power. An analysis of the choice of the dates for the conclusion of Peace by adversary states within the Westphalian system demonstrates three persistent variants of the dates. The first is signing a peace treaty on Saturday, Sunday, or a Christian holiday. The most striking example of this option is the signing of the Peace of Westphalia itself (treaties in Münster and Osnabrück on October 24, 1648), on Saturday the day before the second Sunday after Trinity. The second option involves a reference to an important event in the past. For example, the Peace in Passarovitz between the Holy Roman Empire and Porta (1718) and the Russian-Turkish Peace in Kuchuk-Kaynardzhi (1774) were signed on the same date July 21, the date when Istanbul and Peter the Great signed the Prut Peace Treaty in 1711. Since the age of the Enlightenment, when the "Right of Peace" began to compete with the "Right of War" in political theories, the date of Peace could be directly determined by the end of negotiations. Sometimes the conclusion of the Peace became a Christian holiday. Peter the Great decided to consecrate the day of the conclusion of the Nystad Peace Treaty by transferring the relics of the Holy Grand Duke Alexander Nevsky from Vladimir to the new Russian capital St. Petersburg. Conclusion of the Peace was used as a tool of social constructivism, implemented through modeling. The political idea was symbolically grounded in significant historical or religious dates. Combining the historical precedent, the Christian holiday and the end of the war emphasized the sacred nature of Peace as the highest social value.
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Scott, T. "Germany and the Holy Roman Empire, Volume I: Maximilian I to the Peace of Westphalia, 1493-1648; Volume II: The Peace of Westphalia to the Dissolution of the Reich, 1648-1806, by Joachim Whaley." English Historical Review 127, no. 527 (August 1, 2012): 984–87. http://dx.doi.org/10.1093/ehr/ces175.
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Meron, Theodor. "Common Rights of Mankind in Gentili, Grotius and Suárez." American Journal of International Law 85, no. 1 (January 1991): 110–16. http://dx.doi.org/10.2307/2203563.
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Students of the concept of erga omnes trace its antecedents to the early recognition of the right of humanitarian intervention, which they often attribute to Grotius. Professor Hersch Lauterpacht asserted that Grotius’s writings contained “the first authoritative statement of the principle of humanitarian intervention— the principle that exclusiveness of domestic jurisdiction stops when outrage upon humanity begins.” However, some of the other principal works on international law before the Peace of Westphalia (1648) reveal that the concept of community interests, and the modern right of humanitarian intervention it spawned, is pre-Grotian, that it appeared in the writings of Suárez and figured prominently in those of its true progenitor, the earlier Gentili.
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McCOY, REBECCA. "Religious Accommodation and Political Authority in an Alsatian Community, 1648–1715." Journal of Ecclesiastical History 52, no. 2 (April 2001): 244–81. http://dx.doi.org/10.1017/s0022046901005954.
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This case study of the Alsatian community of Sainte-Marie-aux-Mines argues that although negotiating religious differences at the local level was essential to defining community, the political context was essential in setting the framework. Straddling the Lorraine/Alsace border, Sainte-Marie was divided among Catholics, Lutherans, Calvinists, Zwinglians and Anabaptists as well as between French- and German-speakers. After the Thirty Years' War, the changing demographic balance among the confessional groups, especially the immigration of Catholics necessitated a re-evaluation of Catholic/Protestant coexistence. The Peace of Westphalia established a legal framework in the imperial territories based on cuius regio eius religio. France's 1648 annexation of most of Alsace, meant that French centralising authority collided with this seigneurial territorial system. The French crown could not, however, govern without the co-operation of the local authorities: religious groups at Sainte-Marie exploited the resulting ambiguities. In uneasy coexistence Catholics enjoyed royal favour and Protestants had the protection of the local seigneurs. This local outcome mirrored the imperfect process by which the French monarchy imposed itself on the imperial system of Alsace.
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Tsivatyi, V. "Diplomatic Receptions and Dilemmas of the New Diplomacy during the Thirty Years War (1618-1648): the Institutional Discourse." Problems of World History, no. 6 (October 30, 2018): 53–65. http://dx.doi.org/10.46869/2707-6776-2018-6-4.
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The article analyzes the events and consequences of the Thirty Years War (1618-1648) for new European diplomacy and political and institutional development of Europe. Attention is focused on thediplomatic tools, national specifics and features of the negotiation process of European states during and as a result of the Thirty Years War. The outcome of the Westphalian Congress was an importantstimulus for further European socio-economic, security, political and diplomatic development. The practical achievements of the Westphalian Congress and the experience acquired by Europeandiplomacy in the first half of the 17th century determined the future institutional development of world diplomacy and international law, which has not lost its relevance so far. The article describes theevents of the Thirty Years War of 1618-1648, the struggle for national sovereignty and the formation of national states, the signing of a peace treaty, the formation of a new permanent diplomacy and a system of international relations.
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Tischer, Anuschka. "Claude de Mesmes, Count d'Avaux (1595–1650): The Perfect Ambassador of the Early 17th Century." International Negotiation 13, no. 2 (2008): 197–209. http://dx.doi.org/10.1163/157180608x320207.
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AbstractIn the 17th century there was no professional diplomacy: a mission as envoy or ambassador was part of a broader political or administrative career. Many politicians still neglected the importance of permanent diplomacy. Thus, there was no training, and few ambassadors had solid experience in foreign traditions and languages or in methods of diplomatic negotiations. It was rather accidental when a man from a well established Parisian family, like Claude de Mesmes, Count d'Avaux (1595–1650), served France abroad for more than 20 years. At the climax of his career, at the Congress of Westphalia, he was in many ways what we today think a good diplomat should be: open minded, smooth, compromising. In the 17th century, however, these were no criteria for the choice of an ambassador. Moreover, French governments prior to Louis XIV allowed their ambassadors to influence foreign affairs, and d'Avaux could even establish a network of his confidents in the diplomatic service. The Peace of Westphalia of 1648 was thus a result not only of governmental orders, but of a competition between d'Avaux and his rival and coambassador Abel Servien.
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Vasetsky, Viacheslav. "Changes in the legal sphere as a result of large historical Events." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 129–38. http://dx.doi.org/10.33663/1563-3349-2023-34-129-138.
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The paper presents the results of a study of the impact of large-scale historical events on significant changes in the legal field. Today, an event of such a scale is the war waged by the Russian Federation against Ukraine, which, after the undoubted defeat of the Russian Federation in many spheres, will have significant consequences, including in the legal sphere. The war in Ukraine has all the signs of an event of aglobal scale. Socio-political events in the turning points of history are at the same timethe source of development in the legal sphere. This trend can be observed at almost all historical stages, and therefore research in this direction is an urgent problem. The purpose of the paper is to study the impact of significant events in certain turning points in Modern and Recent history that took place on the European continent, which were the origin of changes in the legal sphere and had a long-term eff ect. Sinceit is currently impossible to predict exactly what changes will occur after the defeat of the Russian Federation, which legal institutions and in what direction they will apply, what consequences such changes will lead to in interstate relations and within the country, the above consideration is limited only to some historical events, which can be considered as an example of the origins of significant changes in the legal sphere of a doctrinal nature. The socio-political events in Europe in the XVII centuries, the results of the Thirty Years' War and the significance of the Peace of Westphalia in 1648 in terms of influencing the development of legal doctrine of New history is analyzed. Thirty Years 'War in Europe in the XVII century ended with the signing in 1648 at the same time in Münster and Osnabrück peace treaty, which was called the Peace of Westphalia in1648. It is emphasized that the Peace of Westphalia contains a number of provisions of a doctrinal nature. This treaty was the source of modern international law and had along-term impact on the development of relations between states. Large-scale historical events of the late 18th - early 19th centuries in Europe are undoubtedly associated with France. This is the Great French Revolution of 1789-1794, this is also the period of the Napoleonic Wars, finally, this includes the Vienna Congress of 1814-1815, at which, after the defeat of Napoleonic France, the winners under the slogan of returning to the continent of peace and tranquility and the desire to restore monarchies redrawn the continental political map of Europe. The lawmaking activity of Napoleon is noted, on whose initiative and under his leadership alarge volume of codification works was carried out. Civil (1804), Commercial (1807), Criminal Procedure (1808) and Criminal (1810) codes were adopted. It is noted that French civil law and the principles implemented by it significantly influenced civil-lawrelations in Europe. In modern history during the 20th century events took place, the result of which were changes aimed at preventing the horrors of the First and Second World Wars in the future. But the creation of the relevant institutions, organizations, legal framework and other factors was not enough to prevent the threat of a new world conflict, to guarantee danger not only for Ukraine, but also for the whole world. In the light of the events in Ukraine, based on historical analogies, a conclusion is made about the expectation of significant changes in the legal sphere for future security in the world and in our country. Key words: Aggression of the Russian Federation against Ukraine, origins of law,historical analogies, Peace of Westphalia, French Civil Code.
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SCHRÖDER, PETER. "THE CONSTITUTION OF THE HOLY ROMAN EMPIRE AFTER 1648: SAMUEL PUFENDORF'S ASSESSMENT IN HIS MONZAMBANO." Historical Journal 42, no. 4 (December 1999): 961–83. http://dx.doi.org/10.1017/s0018246x99008754.
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The examination of Pufendorf's Monzambano shows that he was strongly interested in the question of sovereignty, and that the complex reality of the Holy Roman Empire demanded a completely new approach to the question of where sovereignty within the Empire lay. Pufendorf developed his account of the Empire as an irregular political system by using essential aspects of Hobbes's theory and thus departed from all previous writers on the forma imperii. But Pufendorf's writing on the Empire has not only to be linked with political and philosophical discussion about sovereignty within the Empire but also with his own main writings where he developed a more detailed theory regarding the issue of sovereignty in general. The peace of Westphalia was not only an international settlement but it also shaped the constitution of the Empire to a considerable degree, and this is of crucial significance for the history of political thought during the seventeenth century.
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Shumskiy, I. "THE SIGNIFICANCE OF THE PEACE OF WESTPHALIA IN 1648 IN THE FORMATION OF THE SYSTEM OF INTERNATIONAL RELATIONS." International Law Almanac, no. 26 (2021): 10–18. http://dx.doi.org/10.32841/ila.2021.26.02.
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Schvéd, Brigitta Kinga. "The Concepts of Universal Monarchy and Balance of Power in Charles Davenant’s An Essay Upon The Ballance of Power (1701)." Specimina Nova Pars Prima Sectio Medaevalis 10 (April 27, 2022): 251–63. http://dx.doi.org/10.15170/spmnnv.2019.10.13.
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In the 17th century – especially in the period after the Peace of Westphalia (1648) – more and more treatises were published about the European balance of power, which clearly appeared against the concept of universal monarchy (monarchia universalis) by this time. The balance of power principle became a prominent element of 18th-century state politics and political journalism, as well as one of the key concepts of the emerging theory of interstate relations. The term became part of the official language of diplomacy with the Peace of Utrecht (1713), becoming part not only of political thought, but also of the official political practice, and developed into one of the fundamental milestones of English foreign policy and political thought in the 18th centuries. This paper analyses the contemporary incorporation of the balance of power concept into English political thought with the analysis of English economist and political writér Charles Davenant’s (1656–1714) An Essay Upon The Ballance of Power (1701). The analysis is trying to point out how the principle of balance of power began to play an increasingly important role in European great power politics as well as in English domestic and foreign policy in the decades before the Peace of Utrecht (1713), and how Charles Davenant’s political pamphlet can fit in this context.
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Midelfort, H. C. Erik. ":Germany and the Holy Roman Empire, vol. 1, Maximilian I to the Peace of Westphalia, 1493–1648." Sixteenth Century Journal 43, no. 4 (December 1, 2012): 1225–27. http://dx.doi.org/10.1086/scj24245045.
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Qureshi, Faisal Ahmad. "Islam and Statism: At the intersection of the State of Medina, Modern Statism and the Islamic State." Advances in Social Sciences Research Journal 7, no. 11 (December 2, 2020): 349–53. http://dx.doi.org/10.14738/assrj.711.9356.
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Since the Arab Spring and the rise of Islamic State, it has become a topic of discussion whether there can be a state based on Islamic principles or values. This paper argues that in modern times there cannot be a state claiming to be Islamic. So the Islamic State of Iraq and Levant or the Islamic State of Iraq and Syria or simply the Islamic State were all misnomers. After the Hijra in 7th century CE, the short lived State of Medina incorporated some of the Islamic principles and it too did not last long enough so as to appreciate the feasibility of a State that was Islamic. However, this paper doesn’t deny the fact that the States cannot espouse Islam as a directive principle in their state policy or declaration of Islam as the state religion. Nonetheless, it is argued that no state can be Islamic post the peace of Westphalia (1648). Therefore, in the 21st century there cannot be any actualization of any Islamic State unless the postcolonial history is normatively challenged. The so-called Islamic state that emerged in Syria & Iraq was a coalition of rebel forces and Mujahideen groups that tried to form a caliphate based on Islamic socio-politico and economic principles, however a futile attempt. For any new Islamic State or a caliphate to emerge, the notion of Westphalian demarcation of boundaries stands as the greatest challenge against it.
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Spalding, Paul. "Noble Patrons and Religious Innovators in 18th-Century Germany: The Case of Johann Lorenz Schmidt." Church History 65, no. 3 (September 1996): 376–88. http://dx.doi.org/10.2307/3169936.
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Imperial law strictly prohibited religious novelty in eighteenth-century Germany. The Westphalian Peace accords of 1648, which served as the constitutional framework for the German empire until Napoleon, banned all public expression objectionable to the three sanctioned churches: the Roman Catholic, Lutheran, and Calvinist or Reformed. Various ordinances applied the Westphalian definitions broadly, but the jurisdictional quilt of the empire frustrated implementation. In particular, noble patrons could enable a writer accused of spreading heterodox, antichurch, or even anti-Christian views to remain active and influential.
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Bayeh, Joseph N., and Georgios C. Baltos. "From a Culture of Borders to Borders of Cultures: Nationalism and the “Clash of Civilizations” in International Relations Theory." Journal of Educational and Social Research 9, no. 1 (January 1, 2019): 9–20. http://dx.doi.org/10.2478/jesr-2019-0001.
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Abstract The Peace of Westphalia signed in 1648 signaled the beginning of the modern international system of states. International relations (IR) theory identifies this treaty as the founder of the principle of political sovereignty whereby each nation-state has full control over its territory and domestic affairs, thus it is the beginning of an international system of states. The latter is based on the sanctity and inviolability of interstate borders as its main defining feature. This paper investigates the recent developments in international relations and their significance to the concept of borders in IR theory; on the one hand, a “clash of civilizations” thesis assumes that new “fault lines” borders among civilizations of, mainly, different religions are taking precedence over traditional territorial borders of nation-states, while, on the other hand, a rise in conservative nationalism and, possibly, protectionism, over the traditionally liberal West reasserts the primacy of territorial borders in IR. In particular, this study examines whether such developments signal a paradigm shift in IR theory that may necessitate revisiting certain fundamentals of mainstream respective theories.
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Milton, Patrick. "The Early Eighteenth-Century German Confessional Crisis: The Juridification of Religious Conflict in the Reconfessionalized Politics of the Holy Roman Empire." Central European History 49, no. 1 (March 2016): 39–68. http://dx.doi.org/10.1017/s0008938916000042.
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AbstractThe success of the treaties of Westphalia in preserving the religious peace in the Holy Roman Empire after 1648 has been a popular scholarly theme. Many historians also realize, however, that confessional tensions and confrontations persisted well into the eighteenth century. Exploring an early eighteenth-century German confessional crisis centered in the Palatinate, this article focuses on the degree to which judicial, political, and diplomatic mechanisms successfully regulated and deescalated confessional strife. In short, it looks at the “juridification” of confessional conflict in the Empire. In so doing, it addresses a number of underresearched themes, such as the reactions of the Catholic princes and the Emperor, the internal dynamics within theCorpus Evangelicorum, as well as the international dimension of European great power politics. This not only provides a multiangle analysis of a crisis that saw the emergence of a new regime in the politics of religion, but also offers greater insight into the relationship between the powerful, militarized Protestant territorial-states of northern Germany and the Habsburg emperorship, specifically with regard to the judicial authority of the latter.
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Cerny, Philip G. "Capitalism, Democracy and World Politics in the 21st Century." European Review of International Studies 10, no. 2 (October 20, 2023): 205–13. http://dx.doi.org/10.1163/21967415-10020016.
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Abstract World Politics is undergoing a range of crucial structural changes in the 21st century. The relationship between the states system that evolved since the Peace of Westphalia in 1648 and became predominant in the 19th and 20th centuries is being increasingly challenged in a number of complex ways. The core problématique, as addressed in different ways in these books, is whether states are still predominant hierarchical structures in an anarchical world system – “nodes” or building blocks – as argued in particular by realist and neo-realist theorists exemplified by Kenneth Waltz, or whether they are increasingly criss-crossed and undercut by what are sometimes called “heterarchical” structure and processes. These include macro-, meso-, and mini-hierarchies that are turning states from “proactive” institutions and processes to “reactive” or even or even “residual” ones. The core of these analyses is whether and how states are still the main independent variables in what has been called International Relations or whether and how far they are increasingly dependent variables in a changing World Politics. These books all make interesting and useful contributions to this question.
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Kleophas Narzary, Anjima Narzary. "Analysing The Diverse Perspectives On Balance Of Power." Tuijin Jishu/Journal of Propulsion Technology 44, no. 4 (October 28, 2023): 2665–70. http://dx.doi.org/10.52783/tjjpt.v44.i4.1334.
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The concept of the Balance of Power has long been a significant factor in the realm of international politics. This article examines the evolution of power dynamics across time, starting with its inception in the early modern European state system and extending to its expansion on the global scale. The study delves further into the intricate dynamics of power equilibrium by examining the impact of various perspectives on its implementation and perception. The Peace of Westphalia, which was created in 1648 after the end of the Thirty Years' War, introduced a framework whereby governments aimed to prevent the dominance of a single power and maintain peace via the formation of alliances and the division of power. This event served as the foundational ground for the concept of the balance of power in historical context. The notion, which was originally centred in Europe, ultimately evolved into a fundamental principle of international law. The article also investigates several perspectives on power dynamics, with a specific emphasis on the realism paradigm that prioritizes state-centred evaluations of power and self-interest. The examination also includes an analysis of the liberal perspective, which prioritizes international institutions and collaborative endeavors aimed at maintaining stability. Furthermore, it engages with the constructivist paradigm, which emphasizes the significance of ideas, identities, and norms in shaping international power dynamics and conduct.
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Offor, Ogbonnaya, Samuel Odoh, and Pedro Iwuozor. "Denunciation of Treaty in International Politics: A Critical Analysis of US’ Renunciation from the Paris Climate Change Agreement." African Journal of Politics and Administrative Studies 16, no. 1 (June 1, 2023): 111–34. http://dx.doi.org/10.4314/ajpas.v16i1.7.
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Since the wake of the Westphalia Peace (or Treaty) in 1648, the idea of treaty has become handy and instrumental to the conditioning of the globe and maintenance of peace in the international arena. One of such treaties is the Paris Climate Agreement entered by states to forestall global warming and other climatic issues. It is however, problematic to note that states now willingly opt out of agreements entered in the international arena. This study sets out to interrogate why states denounce treaties, focusing on President Donald Trump’s choice to pull US out of Paris Climate Agreement. The study is anchored on the theory of Rational Actor Model, causal research design, documentary method of data collection, and content analytical method of data inquiry and analysis. The study argued that the concern of reduced economic competitiveness, conditional commitments, and nationalistic thinking are to be considered as US reasons for Paris Climate Treaty denunciation. The study deciphered that US’ choice to pull out of the Paris Climate agreement under Donald Trump’s presidency is not unconnected to Trump’s rationalistic choice or idea to put US first and make her great through nationalistic economic policies devoid of global influences, and global economic bazar, which he saw as wasteful venture. The study recommended that humanity needs all hands (states) on deck to combat the common enemy of global warming occasioned by climate change. Hence, the treaty through a more accommodating and friendly protocol should be sustained by all parties.
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Kampmann, Christoph. "Ein Bruch mit der Tradition und eine Gefahr für den Reichsfrieden? Die Errichtung der Neunten Kur im Urteil des Reichshofratsconclusums vom April 1693." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 140, no. 1 (June 1, 2023): 422–35. http://dx.doi.org/10.1515/zrgg-2023-0012.
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Summary The resurgence of the Holy Roman Emperorship in the decades after the Peace of Westphalia (1648) has received considerable attention in recent historiography. In this respect the particular importance of the Imperial Court of Justice (Imperial Aulic Council, Reichshofrat) has been stressed: It is assumed that it played a key role within the Imperial government, that it had helped to secure the imperial loyalty to the postwestphalian constitutional order and that it contributed to the skillful use of the Imperial prerogatives by the Vienna Government. Against this backdrop, the position of the Aulic Council regarding the creation of the Ninth (Hannoverian) electorship by Emperor Leopold in 1692, which hitherto has not been examined in detail, reveals a different historical picture. On the one hand, the Imperial Aulic Council was not included in the decision processes concerning the electorship, it was not even officially informed and rebuked for accepting a remonstration against the electorship. On the other hand, the Aulic Council in return criticised the creation of the Ninth electorship quite frankly in its self justification in April 1693 with regard to the procedures and its possible dangerous political consequences.
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Baala, Gawuga Thompson, and Tamunobelema Victory Jaja. "Good Offices and Mediation as Mechanisms for International Dispute Settlement." JOURNAL OF LAW AND GLOBAL POLICY 8, no. 1 (October 16, 2023): 1–11. http://dx.doi.org/10.56201/jlgp.v8.no1.2023.pg1.11.
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The international system prior and after Westphalia (1648) has been characterized by conflicting interests, that if not managed timeously could result in full blown crisis fought at the expense of human lives and infrastructure. Some of these crises when resolved at arbitration have not produced lasting peace because of the awarding nature of result that may not accommodate the parties in the process of arriving at final decisions. Thus, Good offices and mediation stand out as diplomatic methods of traditional dispute settlement endorsed in the Charter of the United Nations (1945). The study is saddled with the quest of unraveling the reasons for the irregular adoption and prioritization of good offices and mediation by conflict parties in international relations. The study combined the realist theory of Jurisprudence and the Constructivist theory of international relations to arrive at some findings which border on the similarities and differences between Good offices and mediation and its relevance as mechanisms for international dispute settlement. The study adopts the doctrinal legal research methodology and recommends that Good offices and mediation should be prioritized. It concludes that a good offices provider should know when negotiation is ripe for transition from good offices to mediation in other not to dampen the enthusiasm of the parties to reach final decision themselves.
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Vasetsky, Viacheslav. "Ukrainian National Revolution as a factor in the development of the law of Ukraine-Rus in the XVII century." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 198–204. http://dx.doi.org/10.33663/1563-3349-2022-33-198-204.
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The paper examines the impact of signifi cant historical events associated with the Ukrainian National Revolution of the 17th century to changes in the legal sphere, which were the origins of legal norms that have a long-term eff ect. In Ukraine, the jump in interest in the history of socio-cultural and state-legal institutions in our country and on the European continent is largely due to the events of the late XX –early XXI century, formation of Ukraine as an independent state. The problem became even more relevant in connection with the events in Ukraine in 2013-2014, as well as the temporary loss of Crimea and the occupation of some eastern territories, the desire to rewrite the history of development and achievements of our country. In the history of Ukraine and many other European countries highlights the events of the midseventeenth century in terms of their then signifi cance and long-term impact on the development of social and legal institutions in the future: the Peace of Westphalia in 1648, which was the source of modern international law; The English Revolution led by O. Cromwell; Ukrainian National Revolution led by B. Khmelnytsky. The aim of the paper is to study the impact of signifi cant historical events related to the B. Khmelnytsky Revolution on changes in the legal sphere, which were a source of legal norms that had long-term eff ect, as well as to compare the consequences of large-scale historical events in Ukraine and Europe to the development of the legal doctrine of the New Time. At the beginning of the XVII century in the Ukrainian-Russian lands there was a situation that can be called “revolutionary”. Legal sources related to the rule of Polish magnates, the Polish nobility and the Catholic Church in the Polish-Lithuanian Commonwealth ceased to exist. “Cossack law” became widespread, which meant the system of customary law, which was formed in the Zaporozhian Sich and was integrated into public relations during the Ukrainian National Revolution. Zaporozhian customary law was perceived not only as local, but also as purely national. Deep religiosity was one of the hallmarks of the Cossacks, and the protection of the Orthodox faith of ancestors and the church was the basis of their lives. The National Revolution in Ukraine in 1648–1676 was related to large-scale sociopolitica movements in a number of Central and Western European countries. Its signifi cance lay in the restoration of state life, the formation of the Ukrainian state idea, and the development of national consciousness. As a result of the turbulent events of the Ukrainian National Revolution, the development of legal institutions took a diff erent path than the development of legal institutions in European countries associated with the end of the Thirty Years’ War and the adoption of the Peace of Westphalia in 1648. Unlike the transformations in European countries, the events in Ukraine have not become a direct source in the legal sphere; in this regard there are not yet suffi cient conditions for signifi cant changes. Considering the further historical development of Ukraine, these events were only a necessary impetus for such changes in the future. Key words: Ukrainian National Revolution, necessary and suffi cient conditions for changes in the legal sphere, the origins of law.
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Davis, Milton. "THE HISTORICAL AND THEORETICAL EVOLUTION OF COLLECTIVE SECURITY (INCLUDING IN THE BALTIC SEA REGION) FROM THE 1648 WESTPHALIA PEACE TO WOODROW WILSON’S1920 LEAGUE OF NATIONS." Security and Defence Quarterly 10, no. 1 (March 31, 2016): 75–98. http://dx.doi.org/10.5604/23008741.1215420.
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Wallace, Peter G. "Die Grenzen im Kopf: Imagining walls, borders, frontiers, and national identity in Alsace/Elsaß." Konturen 4 (November 18, 2012): 7. http://dx.doi.org/10.5399/uo/konturen.4.0.2381.
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Political geographers draw distinctions in English between borders, usually conceived of as lines on a map, and frontiers, which are seen as zones. In German, Grenze, a word borrowed from Slavic, and reflecting ethnic differences is often used for both. In French frontière with its roots in medieval warfare, covers both concepts. Beginning with some considerations of Alsace/Elsaß as a frontier zone between Germany and France, this paper will review ongoing debates among historians of nationalism on the definitions of nations, states, and frontiers. It will then trace the historical development in Europe of these concepts from antiquity into the early modern period. It was during the dynastic power struggles of the sixteenth and seventeenth centuries that the concepts of nation and state took on fundamental political significance as rulers made claims to sovereignty in the name of historical nations and borders became enshrined in “international” law as the result of the peace treaties signed in Westphalia in 1648. The essay questions both the historical depth of nations, states, and borders and the teleological assumption of their inevitability and permanence in human political relations. Nations, states, and borders are mental constructs. They were imagined and can be reimagined. A close examination of Alsatian history shows the bloody historical effects of applying these concepts arbitrarily in a cultural borderland and the potential for a different political future for Europe by reimagining borders.
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ŞENER, Bülent. "The Topology of Nation-State: Borders, Territoriality, Sovereignty and War." Gazi Akademik Bakış 16, no. 32 (June 20, 2023): 315–37. http://dx.doi.org/10.19060/gav.1315212.
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Borders have been embraced as a clear and unquestionable fact from the perspective of nation-states, which are the fundamental components of the modern international system that emerged with the Peace of Westphalia (1648). From the state’s perspective, borders shaped based on territoriality along with the advent of the modern state are among the leading causes of war in international relations as areas of uncertainty, risk, and opportunity. When the states make their shared goals and problems in different periods be somehow linked to territoriality and/or borders, these problems make the states more prone to war. The findings from empirical research on this issue prove that particularly territorial contiguity (borders) is an essential factor at every stage of the use of force between states. One of the aims of this study is to reveal the relation between the concepts of “border” and “territoriality” with the modern state phenomenon. The second aim of the study is to shed light on the relationship between wars between states and the phenomena of “border” and “territoriality”. For these purposes, first of all, in this study, addressing the phenomenon of territoriality and border in international politics from a historical and sociological perspective, this study examines the emergence of the phenomenon of the nation-state in the international system and the importance and relationship of the concept of “sovereignty,” “territoriality,” and “border” in the determination of the internal and external topology of the state; and accordingly, the relationality between the phenomena of territoriality and borders will be analyzed as the leading cause of inter-state wars.
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Zarisnov Arafat and Muhammad Gary Gagarin Akbar. "POLITIK HUKUM DALAM PEMBAHARUAN PERATURAN EKSTRADISI DI INDONESIA DIHUBUNGKAN DENGAN UNITED NATIONS MODEL TREATY ON EXTRADITION OF 1990." Justisi Jurnal Ilmu Hukum 4, no. 1 (September 1, 2019): 1–19. http://dx.doi.org/10.36805/jjih.v4i1.640.
Full textAbstract:
Ekstradisi secara universal hingga saat ini mengalami perubahan yang semakin baik, terutama setelah kehidupan bernegara sudah mulai tampak lebih maju sampai abad 20 ini. Hubungan dan pergaulan internasional menemukan bentuk dan substansinya yang baru dan berbeda dengan zaman sebelum Perjanjian Perdamaian Westphalia tahun 1648. Negara-negara yang berdasarkan atas prinsip kemerdekaan kedaulatan dan kedudukan sederajat mulai menata dirinya masing-masing terutama masalah domestik dengan membentuk dan mengembangkan hukum nasionalnya, yang salah satunya di bidang hukum pidana nasional. Hukum pidana nasional masing-masing negara, terutama jenis-jenis kejahatan atau tindak pidananya, disamping pula ada kesamaan dan perbedaannya. Semakin menguat batas wilayah dan kedaulatan teritorial masing-masing negara, semakin menguat pula penerapan hukum nasionalnya di dalam batas wilayah negara masing-masing. Semakin banyaknya perjanjian-perjanjian yang dibuat oleh negara-negara baik bilateral ataupun multilateral untuk mengatur suatu masalah tertentu yang sudah, sedang, dan akan dihadapi. Dalam pembuatan perjanjian tersebut mulai dilakukan pengkhususan atas substansinya, jadi tidak lagi satu perjanjian mencakup berbagai macam substansi yang berbeda-beda. Di Indonesia peraturan mengenai Ekstradisi dibuat pada tahun 1979, mengingat hingga saat ini belum terjadi perubahan di dalam Undang-Undang Nomor 1 Tahun 1979 padahal PBB telah membuat suatu model pembuatan perjanjian ekstradisi pada tahun 1990, sehingga sudah selayaknya peraturan mengenai ekstradisi di Indonesia harus mengalami pembaharuan ke depan yang lebih baik.
Kata Kunci: Ekstradisi, Politik Hukum, Hukum Pidana.
Abstract
Extradition is universally up to now experiencing increasingly good changes, especially after the state of life has begun to appear more advanced until the 20th century. International relations and relationships find new and different forms and substance from the times before the Treaty of Peace of Westphalia in 1648. Countries that are based on the principle of freedom of sovereignty and equal position begin to organize themselves, especially domestic problems by forming and developing national laws, which one of them is in the field of national criminal law. The national criminal law of each country, especially the types of crime or criminal acts, besides there are similarities and differences. The stronger regional boundaries and territorial sovereignty of each country, the stronger the application of national laws within the borders of each country. The increasing number of agreements made by countries both bilaterally and multilaterally to regulate a particular problem that has been, is being, and will be faced. In making these agreements, specialization of the substance began to be carried out, so no more than one agreement covers a variety of different substances. In Indonesia, the Extradition regulation was made in 1979, considering that until now there had been no changes in Law Number 1 of 1979 even though the United Nations had made a model for making an extradition treaty in 1990, so that proper regulations on extradition in Indonesia must undergo reform better future.
Keyword: Extradition, Politics of Law, The Criminal Law.
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Wilson, Peter H. "Germany and the Holy Roman Empire 1493–1806. By Joachim Whaley. Oxford: Oxford University Press. 2012. 2 vols. Vol. I: Maximilian I to the Peace of Westphalia 1493–1648. Pp. xxi + 722. Cloth $160.00. ISBN 978-0-19-873101-6. Vol. II: The Peace of Westphalia to the Dissolution of the Reich 1648–1806. Pp. xxi + 747. Cloth $160.00. ISBN 978-0-19-969307-8." Central European History 46, no. 2 (June 2013): 407–13. http://dx.doi.org/10.1017/s0008938913000678.
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