In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
• Multidisciplinary approach • Includes a modern and annotated edition of the oldest treatise on treaties by the fifteenth century canon lawyer, Martinus Garatus Laudensis
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 Paris to Versailles Heinhard Steiger; Part 11. Thinking Peace: voices from the past: 5. Vesitiga 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 early 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 organisations: the German international lawyers and the Hague Conferences Ingo Hueck; 13. Consent and caution: Lassa Oppenheim and his reaction to World War I Mathias Schmoeckel; 14. Talking peace: social science, peace negotiations and the structure 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 Peace Treaty of Versailles Christian Tomuschat; Part V. Conclusion: 19. Conclusion Randall Lesaffer; Appendix; Index.