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Vol 21 No 9 Sept/Oct 2016

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Peace Treaties and International Law in European History

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ISBN13: 9780521827249
ISBN: 0521827248
Published: February 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition , ISBN13 9780521103787

In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern the relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective.

In this edited collection, specialists from all over Europe analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. An important place is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval, concepts on modern practices. This book goes back further in time beyond the epochal Peace Treaties of Westphalia of 1648, and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.

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Legal History
Table of treaties; Notes on contributors; List of abbreviations; 1. Introduction Randall Lesaffer
Part I. Peace Treaties and International Law from Lodi to Versailles (1454-1920): 2. Peace treaties from Lodi to Westphalia Randall Lesaffer; 3. Peace treaties from Westphalia to the Revolutionary Era Heinz Duchhardt; 4. Peace treaties from Vienna to Versailles Heinhard Steiger
PART II. THINKING PEACE: VOICES FROM THE PAST: 5. Vestigia pacis. The Roman peace treaty: structure or event? Christian Baldus; 6. The influence of medieval Roman law on peace treaties Karl-Heinz Ziegler; 7. The kiss of peace Hanna Vollrath; 8. Martinus Garatus Laudensis on treaties Alain Wijffels; 9. The importance of medieval canon law and the scholastic tradition for the emergence of the modern international legal order Dominique Bauer; 10. The Peace Treaties of Westphalia as an instance of the reception of Roman law Laurens Winkel
Part III. Thinking Peace: Towards a Better Future: 11. Peace treaties, bonne foi and European civility in the Enlightenment Marc Belissa; 12. Peace, security and international organizations: the German international lawyers and the Hague conferences Ingo Hueck; 13. Consent and caution: Lassa Oppenheim and his reaction to World War I Matthias Schmoeckel; 14. Talking peace: social science, peace negotiations and the structures of politics Andreas Osiander
Part IV. Making Peace: Aspects of Treaty Practice: 15. The ius foederis re-examined: The Peace of Westphalia and the Constitution of the Holy Roman Empire Ronald G. Asch; 16. The peace treaties of the Ottoman Empire with European Christian powers Karl-Heinz Ziegler; 17. Peace and prosperity: commercial aspects of peacemaking Stephen Neff; 18. The 1871 Peace Treaty between France and Germany and the 1919 Versailles Peace Treaty Christian Tomuschat
Part V. Conclusion: 19. Conclusion Randall Lesaffer; APPENDIX: Tractatus de confederatione, pace, & conventionibus Principum Martinus Garatus Laudensis, ed. Alain Wijffels; Index.