Download Peace Treaties and International Law in European History. by Randall Lesaffer PDF

By Randall Lesaffer

Experts from each ecu nation examine peace treaty perform from the past due 15th century to the 1919 Peace of Versailles during this assortment. Emphasizing the doctrinal debate approximately peace treaties and the impact of older, Roman and medieval, suggestions on smooth practices, the e-book recollects the reader to earlier than the epochal Peace Treaties of Westphalia of 1648. Its broader viewpoint permits a reassessment of the position of the sovereign nation within the smooth overseas felony order.

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Extra resources for Peace Treaties and International Law in European History. From the Late Middle Ages to World War One

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194– 218; J. H. M. Salmon, ‘Catholic Resistance Theory, Ultramontanism, and the Royalist Response, 1580–1620’ in Burns, Cambridge History of Political Thought, pp. 219–53; Quentin Skinner, The Foundations of Modern Political Thought (Cambridge, 1978), vol. II, pp. 302–48. On the political context of the Treaty of P´eronne see Jean-Marie Cauchies, Louis XI et Charles le Hardi: de P´eronne a` Nancy (1468–1477): le conflit (Brussels, 1996), pp. 15–33. 19 By the second half of the sixteenth century, this had changed in France.

17 Anyhow, these quite extensive justifications show that, whereas the ius contrahendi of the vassals was as yet not put in jeopardy halfway through the fifteenth century, their right to wage war upon their suzerains or their ius ad bellum was less evident. The relative position of the parties involved and the right expressly or silently attributed to the rebellious vassals differed according to the political situation and positions. 18 The Treaty of Sabl´e of 20 August 1488 between the king of France and the duke of Brittany ended a war in which the king had been victorious.

In his 1995 article on the Peace Treaty of Cr´epy of 1544, Heinhard Steiger pointed out that at least from around 1500 onwards a distinction was made between written ratification and confirmation by oath. According to Steiger, the Treaty of Cr´epy was ratified through sealed documents and thereby became binding under the rules of V¨olkerrecht, while the swearing of an oath amounted to an additional personal obligation and led to the submission of the parties to ecclesiastical jurisdiction. 43 Steiger is correct in asserting that written ratification and the taking of an oath were two distinct acts in the early sixteenth century.

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