Journal articles: 'Westphalia, Treaty of, 1648'

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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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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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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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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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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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Munkh-Erdene, Lhamsuren. "The 1640 Great Code: an Inner Asian parallel to the Treaty of Westphalia." Central Asian Survey 29, no. 3 (September 2010): 269–88. http://dx.doi.org/10.1080/02634937.2010.526824.

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Deng, Francis. "From 'Sovereignty as Responsibility' to the 'Responsibility to Protect'." Global Responsibility to Protect 2, no. 4 (2010): 353–70. http://dx.doi.org/10.1163/187598410x519534.

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AbstractThis essay examines the origins and evolution of the concepts of 'sovereignty as responsibility' and the 'responsibility to protect'. In particular, it considers the role and duty of states and how ideas of sovereignty have evolved since the modern nation-state was conceived by the European Treaty of Westphalia of 1648. It then examines the responsibility of states towards their own citizens and traces the development of the R2P norm in Africa as it has related to conflict prevention, management, and resolution since the end of the Cold War. The essay further considers the responsibilities of national democratic governments in Africa and beyond. Recent developments that have widened the scope and helped the acceptance and application of the concept of 'sovereignty as responsibility' are discussed, and the essay concludes with an examination of the accountability and enforcement challenges faced by R2P.

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NEAL, LARRY. "How it all began: the monetary and financial architecture of Europe during the first global capital markets, 1648–1815." Financial History Review 7, no. 2 (October 2000): 117–40. http://dx.doi.org/10.1017/s0968565000000081.

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Larry Neal, How it all began: the monetary and financial architecture of Europe during the first global capital markets, 1648–1815The Treaty of Westphalia created the modern nation-state system of Europe and set the stage for the long-term success of financial capitalism. The new sovereign states experimented with competing monetary regimes during their wars over the next century and two-thirds while they extended and perfected the financial innovations in war finance developed during the Thirty Years War. The Dutch maintained fixed exchange rates, the French insisted on exercising monetary independence, while the English placed priority on free movement of international capital. In struggling with the trilemma of choosing among the goals of maintaining fixed exchange rates, monetary independence and free movement of capital, the governments of early modern Europe learned many valuable lessons. By the time of the Napoleonic wars, the innovations that emphasised reliance on financial markets rather than on financial institutions proved their superiority.

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Howorth, Jolyon. "European defence policy and subsidiarity: The imperative of the EU level." European View 18, no. 1 (March 18, 2019): 62–70. http://dx.doi.org/10.1177/1781685819838431.

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Since the Treaty of Westphalia in 1648, defence policy, across Europe, has traditionally been the preserve of the nation state. That remains the default situation today, despite over two decades of movement towards a common EU security and defence policy. European leaders, ever since the 1980s, have insisted that the EU level is the most appropriate for this policy area, and public opinion appears to agree with them. Yet, despite many developments in the direction of a ‘European army’, and despite the launch of dozens of EU overseas missions, defence planning and procurement, as well as the deployment of forces, remain the preserve of the EU’s national governments. Since 2016 we have witnessed an intensification of the move towards the EU level. This article argues that it is still too soon to determine whether a genuine shift away from the nation-state level is now in progress.

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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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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.

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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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Bagot, Matthew. "Catholicism and Cosmopolitanism: the Confluence of Three Catholic Scholars and the Cosmopolitan Democrats on State Sovereignty and the Future of Global Governance." De Ethica 3, no. 2 (August 17, 2016): 37–51. http://dx.doi.org/10.3384/de-ethica.2001-8819.163237.

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One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.

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Michael, Abada Ifeanyichukwu, and Omeh Paul Hezekiah. "Political Economy of Imperialism in Iraq." Journal of Social Sciences Research, no. 64 (April 10, 2020): 419–24. http://dx.doi.org/10.32861/jssr.64.419.424.

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The growing influence of America in the global economy coupled with her protectionist policies in the recent time have put pressure to comity of transitional states especially African and Middle East. The invasion of Iraq by America is the driven factor of former’s oil deposits that had been a source of interest to America. Meanwhile, Americans had over the years accused Iraq of harboring Weapons of Mass Destruction, an antic for her imperialist expedition. However, it is against this backdrop that the study geared toward appreciating co-factor variables of imperialism that had influenced American’s interest on Iraq and the attendant implication to the economies of two actors. The paper utilized mixed method approach and analyzed using analytic induction. The theoretical framework of analysis was anchored on the economic radical theory, a strand of Marxian theory of economic structuralism. The finding of the study reveals that despite the established Westphalia Treaty of 1648 on the sovereignty of nation states, Americans had devoid odds and invaded, plundered the economy of Iraq. The paper strongly recommends among others; sanctioning of America for neglecting the world standing order on sovereignty of states. Also, Iraq needs to be compensated by America through reconstruction and rehabilitation.

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Ropi, Ismatu. "Konstitusi dan Nomenklatur Kebebasan Beragama: Pengalaman Berbagai Negara." ILMU USHULUDDIN 7, no. 1 (May 14, 2020): 57–82. http://dx.doi.org/10.15408/iu.v7i1.14411.

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This article examines the idea of religious freedom as the constitutional rights of some countries. In the beginning, the principles of freedom of religion (liberty of religion) was deeply rooted and strongly associated with the concept of 'freedom of thought and conscience', a phrase that first appeared in the Westphalia Treaty of 1648 which ended a long war in the name of religion in Europe. In this context, religious freedom was understood as freedom to believe (or not believe), adhere (or not adhere) to a religious proposition, belief or doctrine on the basis of individual experience or reasoning. It also contained the freedom to change that belief at any time if desired for the reason that basically human being through out his/her life continues to carry out what to be called as the process of preference and selection from the 'better' life. Nevertheless, religious freedom is not merely a natural right belonging to every individual but in turn also a given right granted by the state as a political authority manifested later in the respective Constitution. For this reason, the state as the holder of the people's mandate has the right to take actions in maintaining this order which in turn may in principle be possible to limit the rights of the community itself, including those relating to religion. Hence this article discusses several important matters on the issue. First, how and to what extent international law guarantees religious freedom normatively; second, how do the general portrait of various state constitutions when discussing religious freedom, and third, to what extent freedom is practically influenced by conditions such as the concept of the public sphere and the existence of a dominant majority group.

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Reeh, Niels. "Inter-religious Conflict, Translation, and the Usage of the Early Modern Notion of ‘Religion’ from the Fall of Constantinople to the Westphalian Peace Treaty in 1648." Journal of Religion in Europe 13, no. 1-2 (December 9, 2020): 96–120. http://dx.doi.org/10.1163/18748929-13010003.

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Abstract The article attempts to show that the modern notion of ‘religion’ is a construction that emerged in the context of inter-religious encounters following the fall of Constantinople and especially in the years around the Reformation. Hereby, the article argues that the modern notion of ‘religion’ emerged earlier than found by most previous studies, and that it was used in the legislation of the new Protestant states as well as in the modern (Westphalian) state-system, both of which it has been a part of ever since. The notion of ‘religion’ is, thus, not a scholarly invention (J.Z. Smith) or tied to colonialism (Timothy Fitzgerald) but rather a product of complex historical processes in which religious conflicts and the attempt to overcome these played a key role.

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Singh, Ripu Sudan. "State-Nation Dilemma and Kurdish Issue: Crisis of Governability in West Asia." Indian Journal of Public Administration 63, no. 4 (November 22, 2017): 672–84. http://dx.doi.org/10.1177/0019556117726845.

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Ever since the signing of the Treaty of Westphalia in 1648, the process of state and nation making in modern times is going on. The collapse of the Soviet Union in December 1991 and post-Cold War period saw the emergence of fifteen new states and several other sovereign states from the ruins of Yugoslavia and Czechoslovakia in Eastern Europe. The problems of governance and political legitimacy are directly linked with the demand for new nation-states globally. The threats unleashed by interstate Islamic State of Iraq and Levant (ISIL) in Syria and Iraq have substantially posed problems of governance and legitimacy threatening the survival of several states in the Middle East. The question of nation-state was almost accepted as resolved and settled in the region but the end of Cold War and Soviet collapse again brought the issue on the global forefront and the political structure of several states have been challenged. The state-centred, faith-centred and ethnicity-centred forces are confronting each other and the nation-state dilemma has got more pronounced and complicated, as states are not in a position to manage the nations within. This article tries to probe the issues of governance, political legitimacy and gross violation of basic human rights of the ethno-national groups, minority ethnic groups and weaker sections of society. It also makes an attempt to look for and devise certain alternatives and methods to resolve the dilemma of nation-state in the Middle East in general and drawing lessons for the rest of the globe. The Kurdish issue may be taken as a case study which has once again become a matter of deep concern and its timely resolution has drawn worldwide attention and concern. The survival of a large number of people is at stake as a result of the nation-state dilemma, and if this is not properly taken care of, it will spread globally and affect world peace and order.

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Paulino, Luís Antonio. "Hegemonia ou Governança Global Compartilhada. O que a China pensa?" Brazilian Journal of International Relations 7, no. 3 (November 12, 2018): 581–610. http://dx.doi.org/10.36311/2237-7743.2018.v7n3.07.p581.

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Frente à experiência histórica do Ocidente, na qual o ciclo de hegemonia, competição, guerra e nova hegemonia tem se repetido desde que o Tratado de Vestfália, em 1648, criou o atual sistema de estados-nação independentes, a ascensão recente da China à condição de grande potência e o concomitante declínio do “soft power” e do “hard power” dos Estados Unidos tem levado muitos a prever um inevitável confronto entre os dois países na disputa pela hegemonia mundial. Mesmo nos Estados Unidos, a preocupação de que a China possa vir a tomar seu lugar como potência hegemônica global tem gerado reações fortes, com a China sendo apresentada para a opinião pública como o inimigo a ser contido e derrotado. Os chineses, por seu turno, alegam que a lógica poder-hegemonia está baseada na experiência histórica dos países ocidentais e que a mesma não se aplica ao caso da China. Afirmam que não é da natureza da China buscar a hegemonia, que a China pode alcançar o desenvolvimento sem buscar a hegemonia e que a busca da hegemonia seria um convite para sua própria destruição. Para os chineses, o atual sistema de governança global pelo Ocidente está em desacordo com o atual balanço de poder mundial e, por isso, advogam um novo modelo de governança compartilhada entre o Ocidente e o Oriente. Abstract: In the face of Western historical experience in which the cycle of hegemony, competition, war and new hegemony has been repeated since the Treaty of Westphalia in 1648 created the present system of independent nation-states, China's recent rise to the condition of great power and the concomitant decline of soft power and hard power in the United States has led many to foresee an inevitable confrontation between the two countries in the struggle for world hegemony. Even in the United States, concern that China may take its place as a global hegemonic power has generated strong reactions, with China being presented to public opinion as the enemy to be restrained and defeated. The Chinese, for their part, claim that the logic of power-hegemony is based on the historical experience of Western countries and that it does not apply to the case of China. They assert that it is not China's nature to seek hegemony, that China can achieve development without seeking hegemony and that the pursuit of hegemony would be an invitation to its own destruction. For the Chinese, the current system of global governance by the West is at odds with the current balance of world power and therefore advocate a new model of shared governance between the West and the East. Key-words: China, United States, Hegemony. Recebido em: Agosto/2018. Aprovado em: Outubro/2018.

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Croxton, Derek. "The Historical Context of “A Westphalia for the Middle East?”." Journal of Applied History 2, no. 1-2 (June 16, 2020): 85–97. http://dx.doi.org/10.1163/25895893-bja10004.

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Abstract This article considers the fit of the “Westphalia for the Middle East” project with the historical Peace of Westphalia. It takes as its point of departure Proudhon’s distinction between the “judgment” and “reasons” of a treaty. The “reasons” behind the Peace of Westphalia include broad participation of interested parties, religious compromise, involvement of external powers in Imperial government, and ending a war. Of these, the involvement of external powers in another state’s government presents the greatest problem mapping to the Middle East, chiefly because the project proposes to treat the Middle East as a whole like the Holy Roman Empire in the Peace of Westphalia.

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Brunn, Stanley D. "A treaty of Silicon for the treaty of Westphalia? New territorial dimensions of modern statehood." Geopolitics 3, no. 1 (June 1998): 106–31. http://dx.doi.org/10.1080/14650049808407610.

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Nimwegen, O. van. "D. Onnekink (ed.), War and Religion after Westphalia, 1648-1713." BMGN - Low Countries Historical Review 126, no. 1 (January 1, 2011): 99. http://dx.doi.org/10.18352/bmgn-lchr.7239.

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Wilson, P. H. "War and Religion after Westphalia, 1648-1713, ed. David Onnekink." English Historical Review CXXVI, no. 519 (January 31, 2011): 438–40. http://dx.doi.org/10.1093/ehr/ceq404.

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Wieland, Christian. "War and Religion after Westphalia, 1648-1713 (review)." Catholic Historical Review 97, no. 4 (2011): 816–18. http://dx.doi.org/10.1353/cat.2011.0162.

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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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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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Al - Mousawi, Abdul Hamid Al Eid. "Henry Kissinger's book World order: Reflections on the beginnings of nations and the course of history." Tikrit Journal For Political Science 3, no. 6 (February 26, 2019): 165. http://dx.doi.org/10.25130/poltic.v3i6.62.

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The central idea of Henry Kissinger's latest book, The Global System, is that the world desperately needs a new world order, otherwise geopolitical chaos threatens the world, and perhaps chaos will prevail and settle in the world. According to Kissinger, the world order was not really there at all, but what was closest to the system was the Treaty of Westphalia, which included about twenty Western European states for almost four centuries.

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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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Ross, George. "Functionalism vs Westphalia: the looking glass of employment policy." Transfer: European Review of Labour and Research 15, no. 1 (January 1, 2009): 93–110. http://dx.doi.org/10.1177/102425890901500108.

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Many key ideas in the Lisbon strategy can be traced back to the Delors Commission's 1993 White Paper on Growth, Competitiveness and Employment, arguably the EU's first major effort to confront the economic and social realities of globalisation. At the time the White Paper failed to achieve the results it sought. However, the core of the White Paper's labour market issues were taken up by the Amsterdam Treaty which initiated the European Employment Strategy and its innovative methodology, the open method of coordination (OMC). The Lisbon strategy, which followed soon thereafter, broadened this approach into a new mission to enhance the competitiveness of the EU which used the OMC extensively. However, EU Member States, zealous of their prerogatives in economic, labour market and social policies, were unwilling to grant the EU level significant roles for transnational coordination and implementation in these areas. The results have not matched the outpouring of support for Lisbon from progressive intellectuals and centre-left politicians. In the critical policy areas that the 1993 White Paper, the EES and the Lisbon strategy have addressed, contradictions between intergovernmentalism and the need for European coordination have led to suboptimal results.

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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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Kim, Woosang. "Power Transitions and Great Power War from Westphalia to Waterloo." World Politics 45, no. 1 (October 1992): 153–72. http://dx.doi.org/10.2307/2010522.

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This study extends recent research on the power transition and hegemonic stability theory to the preindustrial era. It improves on the original power transition theory by relaxing an assumption and by extending the empirical domain. Unlike the original power transition theory, the revised version is not restricted to the period after the industrial revolution and can therefore be applied to the preindustrial era. This study examines the empirical record prior to the industrial revolution to see whether the power transition and hegemonic stability theory holds for that period. The data for 1648 to 1815 indicate strong support for the power transition contention that a rough equality of power between rival sides increases the likelihood of war. That is, when the challenging great power, with its allies' support, catches up with the dominant power, great power war is most likely.

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Martin, Ronald, and Derek Croxton. "Peacemaking in Early Modern Europe: Cardinal Mazarin and the Congress of Westphalia, 1643-1648." Journal of Military History 64, no. 1 (January 2000): 189. http://dx.doi.org/10.2307/120799.

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Boyd-Rush, Dorothy A. "Peacemaking in Early Modern Europe: Cardinal Mazarin and the Congress of Westphalia, 1643–1648." History: Reviews of New Books 28, no. 3 (January 2000): 125. http://dx.doi.org/10.1080/03612759.2000.10525501.

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Ivonin, Yuri, and William P. Guthrie. "The Later Thirty Years' War: From the Battle of Wittstock to the Treaty of Westphalia." Sixteenth Century Journal 36, no. 4 (December 1, 2005): 1168. http://dx.doi.org/10.2307/20477640.

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Showalter, Dennis, and William P. Guthrie. "The Later Thirty Years War. From the Battle of Wittstock to the Treaty of Westphalia." German Studies Review 27, no. 2 (May 2004): 370. http://dx.doi.org/10.2307/1433094.

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Wilson, Peter H. (Peter Hamish). "The Later Thirty Years War: From the Battle of Wittstock to the Treaty of Westphalia (review)." Journal of Military History 68, no. 2 (2004): 586–87. http://dx.doi.org/10.1353/jmh.2004.0082.

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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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Souza, Aline Almeida Coutinho, and Aline Schraier de Quadros. "Comentários do direito internacional moderno: existência, busca pela universalidade e a escolha da igualdade formal entre estados e povos." Revista da Faculdade de Direito, Universidade de São Paulo 114 (October 26, 2019): 547–60. http://dx.doi.org/10.11606/issn.2318-8235.v114p547-560.

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Neste estudo apresentamos reflexões de temas referentes ao Direito Internacional Público no tempo moderno, período compreendido entre a Paz de Westphalia (1648) e o Concerto Europeu (1815). Sabendo que ao estudioso do direito internacional é essencial o conhecimento de sua história para melhor compreensão, decidimos, para tanto, nos debruçar sobre a contextualização histórica e política, que culminou no colapso do poder temporal e no advento da modernidade. Seguiremos com discussões referentes à existência e ao conteúdo do direito internacional e também pela busca da universalidade. E, ao final, apresentamos considerações sobre o princípio da igualdade entre Estados.

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Wagnsson, Charlotte. "NATO’s role in the Strategic Concept debate: Watchdog, fire-fighter, neighbour or seminar leader?" Cooperation and Conflict 46, no. 4 (December 2011): 482–501. http://dx.doi.org/10.1177/0010836711422470.

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This article argues that traditional Westphalian powers are increasingly pressured to move beyond Westphalia towards institutionalization of security cooperation and a broader definition of referent objects of security. Focusing on the case of the North Atlantic Treaty Organization (NATO), it notes that the Alliance is severely torn between traditional constructions of ‘the self’ and a need for change. Exploring how NATO handles this dilemma, the article examines how the Alliance articulated its constitutive story during the strategic concept process of 2009–10. Four roles are crystallized from the reading of the narrative: the fire-fighter, the watchdog, the good neighbour and the seminar leader. It is argued that NATO will be able to meet the exigencies of the post-Westphalian world more or less effectively depending on how it develops in each of these roles. The article concludes that NATO largely remains Westphalian in its four roles, but the launching of the seminar leader role indicates that it may be preparing a farewell to Westphalia. NATO is a composite actor and tensions between academic, global reformist and traditionalist regional story-lines will prevail. Nevertheless, the globalized threat environment is likely eventually to force NATO to fully recognize the need for a more post-Westphalian approach to security.

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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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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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Parrott, David. "Book Review: Peacemaking in Early Modern Europe: Cardinal Mazarin and the Congress of Westphalia, 1643-1648." War in History 8, no. 2 (April 2001): 235–37. http://dx.doi.org/10.1177/096834450100800207.

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HAVERCROFT, JONATHAN. "Was Westphalia ‘all that’? Hobbes, Bellarmine, and the norm of non-intervention." Global Constitutionalism 1, no. 1 (March 2012): 120–40. http://dx.doi.org/10.1017/s2045381711000104.

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AbstractRecently, historians of the international system have called into question the significance of the Treaties of Westphalia in 1648 as the moment when the international system formed. One of their primary arguments is that the non-intervention norm typically associated with Westphalian notions of sovereignty developed much later. This paper will examine the early 17th-century debates over the right of the Pope to depose monarchs in the defense of spiritual matters. I read Part III and Part IV of Hobbes’Leviathanin its intellectual context to see how his theory of sovereignty was partially developed to support a theory of non-intervention. This reading leads to two important contributions to current political science debates. First, it refutes the growing consensus that non-intervention developed as an aspect of sovereignty only in the late 18th and early 19th century. Second, the paper addresses current attempts to assert a right of humanitarian intervention. By exploring similarities between these recent debates and those between Bellarmine and Hobbes in the 17th century, I offer a fresh perspective on what is at stake in current claims to international community.

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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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Patnaik, Prabhat. "The ideology of India’s corporate-financial oligarchy—A note." Studies in People's History 6, no. 2 (November 29, 2019): 193–201. http://dx.doi.org/10.1177/2348448919875288.

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Nationalism in India arose out of resistance to colonialism and thus had a different character than the bourgeois nationalism of European countries after the treaty of Westphalia. The inclusive nature of Indian nationalism has been eroded, however, as a big corporate sector has grown in the economy and the Hindutva ideology has grown alongside it. What has now happened is an alliance between the two forces, the ‘neo-liberal’ regime in the economy having its counterpart in a ruling semi-fascist ideology. The latter presents the Hindus as a homogenous whole, whose dominance, it aims at establishing. In reality, it serves the interests of the corporate-financial oligarchy, and so is adverse to the well-being of the vast majority of India’s population.

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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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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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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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Nilsson, Marco. "The Magnitude of Warfare Revisited – System Polarity and War Duration." Journal of Strategic Security 14, no. 2 (June 2021): 25–46. http://dx.doi.org/10.5038/1944-0472.14.2.1885.

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One of the intractable debates in the study of international conflict is the linkage between polarity and magnitude of interstate warfare. Speculations about the effects of the structure of the international system can be traced back to the Treaty of Westphalia. This article revisits this debate with a focus on war duration, which has received little attention in the literature, and presents the first theoretical discussion of the connection between polarity and war duration. It also uses a hazards model to statistically test whether five different measures of polarity are associated with war duration (1816-1992). The results provide initial support for the hypothesis that an increase in the number of poles in the state system is associated with longer wars on average. The empirical analysis and the theoretical discussion are important for understanding the consequences of the declining U.S. hegemony.

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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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Lückerath, Carl August. "The Struggle for German Unity and Church Renewal. From Maximilian I. to the Treaties of Westphalia 1490-1648." Philosophy and History 18, no. 2 (1985): 167–69. http://dx.doi.org/10.5840/philhist1985182100.

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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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Journal articles on the topic 'Westphalia, Treaty of, 1648'

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