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1
Kelsey, Sean. « Politics and Procedure in the Trial of Charles I ». Law and History Review 22, no 1 (2004) : 1–25. http://dx.doi.org/10.2307/4141664.
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In the autumn and winter of 1648, England descended into a domestic political crisis unparalleled at any time in the country's history before or since. At Newport on the Isle of Wight, representatives from both Houses of Parliament straggled to conclude a treaty with their king that would end years of civil war and restore some semblance of political order. But many Englishmen trembled to contemplate the consequences of negotiated settlement with a man who had caused so much chaos and bloodshed, who had contrived the violent incursion of a Scottish army onto English soil in the summer of 1648, and even now continued to pin his hopes on an invasion of Catholic forces from Ireland. The officers and men of the New Model Army and their radical supporters in the country at large called for an end to negotiations. They also demanded retributive justice on all those, “from the highest to the lowest,” who had almost drowned the nation in innocent blood, lest they seize the opportunity to finish the job. When the army placed the king himself under physical restraint, MPs proceeded regardless to declare themselves satisfied that the search for peaceful settlement ought to continue. The army now purged the House of Commons of the supporters of the Newport treaty. Many of its officers were eager enough to reach some kind of an understanding with the king themselves, but rather than negotiate, they preferred to dictate terms. When the king refused those that the earl of Denbigh purportedly took to him at Windsor Castle late in December 1648, the officers and their allies in the Rump House of Commons prepared to put Charles on trial instead. Justice would at last be done, and it would be seen to be done.
2
Irvine, R. L., S. S. Haraburda et C. Galbis-Reig. « Combining SBR systems for chemical and biological treatment : the destruction of the nerve agent VX ». Water Science and Technology 50, no 10 (1 novembre 2004) : 11–18. http://dx.doi.org/10.2166/wst.2004.0598.
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The US Army is pilot testing the neutralization of VX nerve agent stockpiled at Newport, Indiana using caustic hydrolysis in a Sequencing Batch Reactor (SBR). The resulting hydrolysate was tested at the bench-scale for treatment with activated sludge biodegradation in two distinct studies, one in the SBR and another, in the PACT® process. The feed to both biological systems was pretreated to enhance the biodegradability of the hydrolysis products. Both biodegradation studies demonstrated that the hydrolysate could easily meet the Chemical Weapons Convention treaty and US environmental regulations following pretreatment.
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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) (26 mai 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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Nefedov, B. « The critique of the Westphalian peace narrative ». International Trends / Mezhdunarodnye protsessy 20, no 3 (30 septembre 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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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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Offor, Ogbonnaya, Samuel Odoh et 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 (1 juin 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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Chukwu, Ruwhuoma. « A REVIEW OF INTERNATIONAL LAW AND TREATY RELATIONSHIP IN INTERNATIONAL RELATIONS ». International Journal of Comparative Studies in International Relations and Development 8, no 1 (12 janvier 2022) : 92–104. http://dx.doi.org/10.48028/iiprds/ijcsird.v8.i1.09.
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This work reviewed the reality of treaty relationship in International relations. As a notable tool in organization and community, law has directed and regulated relation among states especially in their pursuit of interests’ in the International arena. International law has been the rules put in place to guide these relationships. It is International law that has continued to set out principles and frame works that moderates and harmonizes State interests. International law is likened to customary law because it is a product of the conscience of State as there is a general repetition of similar acts that maintains international relations. International law has developed in accordance with the unfolding trends in International relations, notable among which is treaty relationships. A treaty is an agreement, formal or informal between States, governed by International law. The law of treaty according Umuozurike 1999, is more or less a codification of existing customary law on which International law is based upon. Treaty relationships in International law creates rights and obligations that give Parties contractual capacity in International law. To justify the importance of treaty in International relations, the work examined the element of Statehood as the major actor in International relations. The history of International relations traced back to the 1648 Peace of WestPhalia that ended the 30 years war gave States sovereign rights in International law. In the International system, the existence of sovereign authority is universally recognized as the essential qualification of its membership in the International community, where the United Nations has played very notable role. International Institution building has remained the most important transformation in the development of International relations. The establishment of the United Nations in 1945 marked a significant milestone in the history of International relations that this study made a slight analysis on. The laws governing treaty relationships was on the initiative of the United Nations in her quest to fulfil her aims and purpose to maintain International Peace and Security. States are bound by treaties duly entered into. From the definition of treaty, to the formalities in signing, to the ratification, reservation, registration and deposit, application and operations, to termination as reviewed, shows that treaties are very fundamental in the formation of International Law and International relations.
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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 (30 octobre 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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Keith, Kenneth J. « Roles of the Courts in New Zealand in Giving Effect to International Human Rights - with Some History ». Victoria University of Wellington Law Review 29, no 1 (1 janvier 1999) : 27. http://dx.doi.org/10.26686/vuwlr.v29i1.6049.
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The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation.
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STEWART, LAURA A. M. « ENGLISH FUNDING OF THE SCOTTISH ARMIES IN ENGLAND AND IRELAND, 1640–1648 ». Historical Journal 52, no 3 (4 août 2009) : 573–93. http://dx.doi.org/10.1017/s0018246x09007468.
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ABSTRACTThe rebellion against Charles I's authority that began in Edinburgh in 1637 involved the Scots in successive invasions of England and armed intervention in Ireland. Historians have almost universally taken a negative view of Scottish involvement in these wars, because it has been assumed that the Scottish political leadership sacrificed all other considerations in order to pursue an unrealistic religious crusade. This article suggests that aspects of the Anglo-Scottish relationship need to be reappraised. Using estimates of English payments to the Scots during the 1640s, it will be argued that the Scottish leadership made pragmatic political decisions based on a practical appreciation of the country's military and fiscal capacity. Substantial payouts from the English parliament enabled the Scottish parliamentary regime to engage in military and diplomatic activities that the country could not otherwise have afforded. The 1643 treaty that brought the Scots into the English Civil War on the side of parliament contrasts favourably with the 1647 Engagement in support of the king. It will be shown that, although the English parliament did not honour all of its obligations to the Scots, it does not automatically follow that the alliance was a failure in financial terms.
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KRESIN, OLEKSIY. « Ukrainian-Swedish Relations and Treaties of the XVII–XVIII Centuries ». Право України, no 2020/02 (2020) : 291. http://dx.doi.org/10.33498/louu-2020-02-291.
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It can be said that Sweden’s appeal to Ukraine during the Thirty Years War (1618–1648) and the formation of an imperial state was quite understandable: Ukraine was the enemy of Sweden’s enemies. But the peculiarities of political and economic development of Sweden and its allies caused their claims to the West Ukrainian and Belarus lands. This made it impossible to conclude a full-fledged political treaty. The like situation is with Ukrainian-Swedish relations in 1708–1709, when Sweden was a guarantor of possession of West Ukrainian lands by Polish-Lithuanian state. Ukrainian-Swedish treaties of the XVII – early XVIII centuries had only a military-tactical character and a short-lived action. Only a crisis after Swedish-Ukrainian forces defeat and prolonged living hand-by-hand in the Ottoman Empire (1709–1714) gradually brought royal Swedish protectorate as a form of military alliance to full-fledged recognition of Ukraine as the state and concluding treaty of political nature. Unfortunately, its implementation was very limited. In addition, the close encounter with foreign legal culture and other circumstances of UkrainianSwedish relations gave the impetus to reviewing the grounds of state and law of Ukraine and the emergence of the “Pacts and Resolutions of the Rights and Privileges of the Viysko Zaporozke”, known as the Constitution of Ukraine of 1710. We argue that this document together with confirmation and assecuration charters by Karl XII is not only a monument of Ukrainian constitutionalism, but also a treaty between Ukraine and its protector, the king of Sweden.
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Dietlinger, Barbara. « Musical Signposts ». Journal of Musicology 41, no 2 (2024) : 149–78. http://dx.doi.org/10.1525/jm.2024.41.2.149.
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The Peace of Münster (1648) ended the Eighty Years’ War (1568–1648) in the Low Countries. After decades of conflict, peace came to the Dutch, who for three generations had only experienced wartime. Since the lives of commoners and soldiers alike had become dependent upon and conditioned to the war, the successful peace negotiation heralded a new and uncertain future. Music played an important role in facilitating understanding of the cultural changes brought about by the peace treaty. Drawing on a representative sample of broadsheets and songs from 1609 to 1648, this article sheds light on how the Dutch dealt with their realities during the Eighty Years’ War, the Twelve Years’ Truce (1609–21), and the immediate aftermath of war. Broadsheets announced the peace and worked through divisions among the Dutch; plays staged drinking songs that alluded to controversies; Dutch chambers of rhetoric debated the peace in their publications; and geuzenliederen (beggars’ songs sung to popular tunes) memorialized soldiers’ daily lives during and after the war. Christian songs further thematized the “true” meaning of the newly negotiated peace and provided instructions on how to act peacefully. Popular songs offer a different take on the Peace of Münster than do the official peace celebrations, which have been the focus of previous scholarship. The songs discussed here functioned as an emotional outlet for commoners and soldiers. They thematized the different opinions pertaining to the peace negotiations, encouraged merry-making, and explained or helped process the reality of the battleground and the subsequent postwar experience.
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Wüstenberg, Moritz. « Back to the Future : mfn Treatment in an Era of Protectionism ». Nordic Journal of International Law 86, no 4 (8 novembre 2017) : 525–46. http://dx.doi.org/10.1163/15718107-08604004.
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Most favoured nation (mfn) clauses, extending the benefits of the most favoured nation to the treaty partner, have existed since at least the 11th century. From the 18th century on, mfn clauses were frequently included in trade agreements. The widespread use of the mfn principle has furthered the equal treatment of nations and created prosperity and peace. In the multilateral framework of the World Trade Organization (wto), the mfn principle is a cornerstone, with only few exceptions to it. This article reviews the development of the mfn clause in major trade agreements in relation to historical events from 1648 onwards. The aim of this study is to determine what the consequences of protectionism, measured by unequal treatment of trading partners and protectionist policies has been in the past.
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Nurhartanto, Gregorius Sri. « THE FUNCTIONS AND IMPORTANCE OF REPRESENTATION OF STATES IN THEIR RELATIONS WITH INTERNATIONAL ORGANIZATIONS OF A UNIVERSAL CHARACTER ». Lampung Journal of International Law 4, no 2 (14 octobre 2022) : 67–80. http://dx.doi.org/10.25041/lajil.v4i2.2666.
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The development of International relations have rapidly since the signing of Westphalia Treaty in 1648. The relationship are not only between States but also by public international organizations (Inter Governmental Organizations). After the Second World War, the establishment of the United Nations and its Specialized Agencies and Other Organs has encouraged the intensive of international cooperation and the making of treaties as a source of international law. The United Nations and its Special Agencies and Other Organs is often called as an international organization of a universal character. Both States members and non-States members establish cooperation with this universal international organization. The existence of State representation in a universal international organization with a universal character is very important for strengthening the cooperation between States and international organizations.
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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 (15 février 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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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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Kozlowski, Grzegorz. « Evolution of Political and Security Relationship between the Republic of Poland and the United States of America in the years 1999–2019 ». Journal on Baltic Security 5, no 2 (10 mai 2020) : 41–51. http://dx.doi.org/10.2478/jobs-2019-0009.
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AbstractThe article discusses the evolution of political and security cooperation between the Republic of Poland and the United States of America in the years 1999–2019. It argues that this relationship has been strengthened over the past several years to an unprecedented level, as reflected by the following: (a) permanent presence of US troops and facilities on the territory of the Republic of Poland; (b) significant reinforcement of energy cooperation that would contribute to the security of the Central and Eastern European (CEE) region; (c) development of a high-level strategic dialogue; and (d) successful widening of the mutual scope of soft security collaboration, including economic, digital and people-to-people aspects. In this article, I try to answer the following questions: what are the reasons of upgrading Poland–US political and security relations? What was the process shaping US– Poland relationship during 1999–2019? What are the priorities for both sides in this cooperation? I suggest that the past 20 years of Polish–American relationship can be divided into three stages: (a) between Poland’s accession to North Atlantic Treaty Organization (NATO) and Russian aggression towards Ukraine (1999–2014); (b) between the NATO Summit in Newport and the swearing in of Donald Trump as President of the United States (2014–2017); and (c) then onwards (2017/2018–).
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Howorth, Jolyon. « European defence policy and subsidiarity : The imperative of the EU level ». European View 18, no 1 (18 mars 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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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 (octobre 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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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 (29 décembre 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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Hazin, Volodymyr. « «On the Model of the Grand Duchy of Lithuania» : Prospects of Integration of Cossack Ukraine into Compound of the Polish-Lithuanian Commonwealth in 1658–1659 (Expectations and Realities) ». Ukraina Lithuanica. Studìï z ìstorìï Velikogo knâzìvstva Litovsʹkogo 2021, no 6 (12 octobre 2021) : 84–100. http://dx.doi.org/10.15407/ul2021.06.084.
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The article explores the discursive questions connected with the preparation and conclusion of the Ukrainian-Polish treaty of Hadiach in 1658. In particular, the content of the agreement and factors that led to the fact that the idea of the Hadiach treaty (realignment of the Commonwealth into a state of three nationalities) remained unrealised are analysed. The attention was paid to the fact that Polish-Ukrainian negotiations and the conclusion of the agreement in the set near Hadiach in 1658 were conditioned by a number of factors relating to the current Ukrainian-Polish, Ukrainian-Moscow and Polish-Moscow relations. The prime factor that made the Hetman’s government of Ivan Vyhovsky negotiate with the authorities of the Polish-Lithuanian Commonwealth was the fact that it looked for a medium of reconciliation and further state development of Ukraine because there was a growing threat from Moscow. In Warsaw, in return, having made the most from the dire situation of Ukraine, the authorities longed for solving the “Ukrainian question” by the peaceful return of the lost Ukrainian territories in 1648. They also hoped that in the context of successful development of negotiations with Chigirin, it would be possible to get an advantage over Moscow in the long-running confrontation over dominance in CEE. The content of the treaty of Hadiach that was worked out during the long negotiations mirrored the trend when the Ukrainian part, which was more interested and acted with a weak diplomatic hand, had to agree to the terms dictated by Warsaw. Although, in general, the position of Ukraine in the reformed Polish-Lithuanian Commonwealth should have resembled the position of Lithuania, Chigirin was forced to accept territorial restrictions, Warsaw's refusal to liquidate the church union, and so on. The author concluded that the prime factor, which eventually led to the collapse of the idea of Hadiach, was the reluctance of the Polish political elite to recognise equal rights for Ukraine and the Cossacks, and the fact that Warsaw sleepwalked when Moscow troops invaded Ukraine and Hetman Vyhovsky desperately needed the promised help.
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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 (11 mars 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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Gamble, John King. « Multilateral Treaty Calendar, 1648-1995. Répertoire des traités multilatéraux, 1648-1995. By Christian L. Wiktor. (The Hague, Boston, London : Martinus Nijhoff Publishers, 1998. Pp. xlvi, 1542. Index. Fl 151 ; $278 ; £175.) ». American Journal of International Law 93, no 2 (avril 1999) : 565–66. http://dx.doi.org/10.2307/2998023.
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Bayeh, Joseph N., et 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 (1 janvier 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 et 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 (1 septembre 2019) : 1–19. http://dx.doi.org/10.36805/jjih.v4i1.640.
Texte intégralRésumé :
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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Oetzel, Lena. « :Conflicting Words : The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy ». Sixteenth Century Journal 44, no 2 (1 juin 2013) : 540–41. http://dx.doi.org/10.1086/scj24245146.
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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 (17 août 2016) : 37–51. http://dx.doi.org/10.3384/de-ethica.2001-8819.163237.
Texte intégralRésumé :
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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Karky, Jant Raj. « Nepalese and Indian Foreign Policy and International Relations ». HISAN : Journal of History Association of Nepal 8, no 1 (31 décembre 2022) : 60–66. http://dx.doi.org/10.3126/hisan.v8i1.53070.
Texte intégralRésumé :
The relationship between and among the foreign political units of the world waite since the establishment of modern state system (1648 Westphalia treaty). With the development of science and technology (sophisticated arms, means of transportation and communication) international relation has been highly complex. Likewise, modernism also has dragged international relation towards vagueness. International relations is a phenomena emerged with the creation of nation states. The development of nation states itself was a logical corollary to the growth of capitalism. Capitalism created larger territories which was basically due to expanding markets. Capitalism not only to the emergence of Nation-state but to colonialism as well. Therefore, international relations, till the end of world war II, was not between sovereign equal nations but most often between colonial power which were European and their colonies. To study international relations, colonization and decolonization theory, idealist school, realist school, liberalist school and geopolitical theory etc. are commonly used. While talking about foreign policy of Nepal and India, we find similarities i.e. NAM, panchasheela, respect to international law/organization etc, but Indian foreign policy practice towards Nepal is quite different than its theories.
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Vermeir, René. « Laura Manzano Baena, Conflicting Words : The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy ». European History Quarterly 43, no 3 (juillet 2013) : 565–67. http://dx.doi.org/10.1177/0265691413493729aa.
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Osborne, T. « LAURA MANZANO BAENA. Conflicting Words : The Peace Treaty of Munster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy. » American Historical Review 118, no 1 (1 février 2013) : 263–64. http://dx.doi.org/10.1093/ahr/118.1.263.
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Arnade, Peter. « Laura Manzano Baena, Conflicting Words : The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy ». BMGN - Low Countries Historical Review 127, no 1 (21 mars 2012) : 2. http://dx.doi.org/10.18352/bmgn-lchr.1575.
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Shim, Soyeon. « Participatory democracy in the European Union as a form of distributed peerocracy ». European Constitutional Law Association 43 (31 décembre 2023) : 67–108. http://dx.doi.org/10.21592/eucj.2023.43.67.
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Europe was the first region to experiment with democracy on a supranational scale since the emergence of the modern state system with the Treaty of Westphalia in 1648. Since the Treaty of Rome in 1957 and its subsequent amendments, European integration has progressed and the supranational character of the European Union has been strengthened, while the powers and roles of the European Parliament and Member States' parliaments have been expanded.
Nevertheless, European citizens are still eager to address the democratic deficit in the EU. To quench the thirst for democratization among European citizens, several attempts have been made to develop representative as well as participatory democracy in the EU. Meanwhile, as the EU has experienced financial crises, refugee crises, pandemic crises, and energy crises through the Russia-Ukraine war, it has begun to realize that citizens' political cooperation is required for rapid crisis response. To alleviate democratic deficits and respond to crises, participatory democracy in the EU has increasingly taken the form of distributed peerocracy.
This study introduces the concept of distributed peerocracy and analyzes a legal system and a phenomenon related to participatory democracy in the European Union as an example of distributed peerocracy. It first examines how the European Citizens' Initiative, institutionalized in 2011 through EU Regulation (EU) No. 211/2011, has been developed through EU Regulation (EU) No. 2019/788, as amended in 2019. It then introduces the Conference on the Future of Europe(CoFoE), which has been running for about a year since May 2021, and assesses and forecasts whether the CoFoE can function as a new tool for the development of participatory democracy in the EU. This study also draws implications for the expansion of participatory democracy in Korea from the CoFoE and proposes a “Conference on the Future of a Unified Korea” involving people from all walks of life in Korea as a preparatory step for the formulation of sectoral policies after the reunification of the Korean Peninsula.
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Berkman, Paul Arthur. « Evolution of Science Diplomacy and Its Local-Global Applications ». European Foreign Affairs Review 24, Special Issue (1 août 2019) : 63–79. http://dx.doi.org/10.54648/eerr2019019.
Texte intégralRésumé :
The unambiguous reality of human civilization is that we now are globally interconnected. This fact is revealed by ‘world wars’, which happened for the first time in the history of humankind only in the last century. In context, global human population size has grown more than 1000% since the advent of the nation-state with the Treaty of Westphalia in 1648. During this period, the influence of Science, Technology and Innovation (STI) has been expanding, certainly since the industrial revolution around 1800 when the human population reached 1 billion, accelerating to 8 billion people as we enter the next decade during our digital revolution. The challenges are on a planetary scale, as reflected further by concern about Earth’s climate, crossing the spectrum of sub-national to international jurisdictions with the nation-state at the centre. As an example, science diplomacy from the polar regions illustrates how transatlantic science relations are embedded into a global context. With hope and inspiration from the perspective of a practitioner and observer, the evolution of science diplomacy is shared herein with local-global applications as an international, interdisciplinary and inclusive (holistic) process, involving informed decision-making to balance national interests and common interests for the benefit of all on Earth across generations.
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Michael, Abada Ifeanyichukwu, et Omeh Paul Hezekiah. « Political Economy of Imperialism in Iraq ». Journal of Social Sciences Research, no 64 (10 avril 2020) : 419–24. http://dx.doi.org/10.32861/jssr.64.419.424.
Texte intégralRésumé :
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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Stanić, Damir. « Osmansko zaposjedanje napuštenih utvrda uz Hrvatsku i Primorsku krajinu 1620-ih – 1640-ih ». Radovi Zavoda za hrvatsku povijest Filozofskoga fakulteta Sveučilišta u Zagrebu 53, no 2 (19 décembre 2021) : 69–105. http://dx.doi.org/10.17234/radovizhp.53.18.
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After more than a century of expansion, the Ottoman advance into HungarianCroatian territory was finally halted during the Long Turkish War of 1593-1606, i.e., after the conclusion of the Peace of Zsitvatorok in 1606. From that moment onward, the border zone between the Habsburg Monarchy and the Ottoman Empire became more stable and did not endure major territorial changes until the beginning of the Great Vienna War of 1683-1699. However, although no major territorial shifts occurred until the 1680s, there was still some territorial adjustments on both opposing sides. Even though such changes were not considered insurmountable problems sufficient to break the peace agreement and spark open warfare, they had great socio-political significance from the Croatian standpoint. From the 1620s to the 1640s, the Ottomans occupied a series of abandoned fortifications between opposing empires adjacent to the Croatian Military Frontier, which, according to the Zsitvatorok Treaty, had to be completely abandoned. This development caused quite a stir among the Habsburgs, heavily burdened by the conflicts of the Thirty Years War (1618-1648), and then prompted a limited Habsburg military response. In this paper I shall analyse the manner in which this Ottoman expansion unfolded and the reactions from the Habsburg side.
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Hoffman, Marci. « Multilateral Treaty Calendar/Répertoire des Traités Multilatéraux, 1648–1995. By Christian L. Wiktor. The Hague ; Boston : Martinus Nijhoff Publishers, 1998. Pp. xxv, 1616. Index. $278.00. » International Journal of Legal Information 26, no 1-3 (1998) : 274–76. http://dx.doi.org/10.1017/s0731126500000573.
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Amjad, Junaid. « Nation-state and Sovereignty in Contemporary Political Discourse ». Australian Journal of Islamic Studies 7, no 3 (31 décembre 2022) : 60–75. http://dx.doi.org/10.55831/ajis.v7i3.581.
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Sovereignty has had a fundamental importance in modern political discourse. Politically, the term ‘sovereignty’ is used as ‘absolute overlordship or complete suzerainty’. Sovereignty is associated with the rise of the modern system of sovereign states, usually dated to the Westphalia treaty (1648). “The fundamental norm of Westphalian sovereignty is that states exist in specific territories, within which domestic political authorities are the sole arbiters of legitimate behaviour”. Hence, Modern nation-states embrace sovereignty limited outside a specific territory but absolute inside the territory itself. In the Muslim world, after experiencing modern nation-states, the question arises whether sovereignty belongs to a single authority, a political body—the state’s ‘artificial person’ or sovereignty entirely belongs to God alone. This question has been discussed in the Muslim world since the twentieth century. Syed Mawdudi is branded by his intense efforts to discuss the concept of political legitimacy, authority and ‘divine sovereignty’ in the nation-state context. Mawdudi’s innovative interpretation of God’s sovereignty (Hakimiyat-ilahiya) contextualised it in modern political discourse, which implies that sovereignty belongs to God alone, the Law-giver. The idea of God’s sovereignty has been a fundamental debate in the political dialogue of the Muslim world. Therefore, focusing on God’s sovereignty, this paper sheds new light on the attribution of this idea and how it has been developed as a political concept in modern nation-states.
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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 (9 décembre 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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AL-Maaytah, Dr Khaled Salameh, et Dr Hazem Bsharah Naif Hjazeen. « State Building in Ancient and Contemporary Arab Political Thought ». Migration Letters 21, S1 (22 décembre 2023) : 476–87. http://dx.doi.org/10.59670/ml.v21is1.6116.
Texte intégralRésumé :
The study aimed to identify state-building in ancient and contemporary Arab political thought. The study dealt with the concept of the state and its elements, the statement of the state in ancient Arab political thought, and the state in contemporary Arab political thought. The study showed that the Treaty of Westphalia in 1648 formed the nucleus of building the modern national state. In Europe, the idea of the Arab state emerged after the end of the Islamic caliphate and Arab colonialism, and the Qatari Arab state appears within the framework of the concept of the modern state with all its elements. The study adopted the descriptive analytical method as it is one of the most widely used methods in studying human social phenomena, as the descriptive method is a tool and method for analyzing and describing state building in ancient and contemporary Arab political thought.
The study reached a set of recommendations and results. The study confirmed that the concept of the state was not born in the modern era, but rather appeared in ancient times. The development of the state passed through various stages, and the basis of the state was based on the existence of an authority that regulates the relationship between individuals and state institutions. The study recommended that modern Arab regimes should strengthen The values of democracy in building the state through the political participation of its people to participate in decision-making.
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Budhathoki, Hemanta. « The Influence of International Law on Foreign Policymaking ». Patan Pragya 12, no 01 (31 décembre 2023) : 36–45. http://dx.doi.org/10.3126/pragya.v12i01.61470.
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This paper has encompassed the practices of foreign policies in relation to the international law as accorded in different international organizations validated by the members of nation-states. International law is a set of rules, principles, and standards which regulate the international relations between and among states. Foreign policy making refers to the formulations of the norms, values, and guidelines of how concerned sovereign states conduct their relations with other sovereign states. It is assumed that international law has been developing since the development of human society. In modern times international law has been developed based on the Code of Hammurabi, Magna Carta (1215), the Westphalia Treaty (24 October 1648), and dozens of modern international laws. The influence of international law in the formulation of the foreign policy of sovereign states started in ancient times. However, it became influential only after the development of the concept of the modern sovereign states. This study has focused on the influence of international law in the foreign policymaking of state. The particular sovereign states have their guidelines about their foreign policy. In addition, the particular state has its distinct conception of the domestication of international laws. Therefore, the influence of international law on the foreign policy of any sovereign state depends upon the process of domestication of international law by that particular state. In the modern era, most sovereign states are also state parties to international laws. Hence, the foreign policy of most modern states has been influenced by the international law. This study has focused on the influence of international law in the foreign policymaking of a sovereign state.
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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 (1 août 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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Ropi, Ismatu. « Konstitusi dan Nomenklatur Kebebasan Beragama : Pengalaman Berbagai Negara ». ILMU USHULUDDIN 7, no 1 (14 mai 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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Andike, Wahyuni, et Siti R. Susanto. « Globalisasi Mengubah Konsep Negara, Teritori, Kedaulatan : Integrasi ALBA sebagai Sovereignty Counter-Balance ». Ganaya : Jurnal Ilmu Sosial dan Humaniora 5, no 1 (15 mars 2022) : 103–16. http://dx.doi.org/10.37329/ganaya.v5i1.1484.
Texte intégralRésumé :
Globalization as a dynamic process has contributed to change and downgrade the power of. Most state experience various development regarding cross-border interaction, such as in economy, politics, and culture. Although the Westphalia Treaty of 1648 was a turning point where loyalty of people must be given to the state, yet it is shown that the power of state does no longer exist as the only political power. Venezuela’s Populist economic policies under Nicolas Maduro considered as failed-state management which lead the country reaching equitable welfare. Regarding Venezuela from the start in the ALBA (the Bolivarian Alliance for the peoples of our America), it has been able to help a little compilation of this country to improve the crisis, asking that the ALBA here try to be seen as " Sovereignty Counter-Balance". Domestic problems that continue to make the Venezuelan exodus abroad. This national crisis and massive migration have had international implications. And the countries that have helped overcome this are Ecuador and Colombia. This paper examines the interrelationship between the causes of the Venezuelan crisis and its consequences, as well as the reactions of other countries. In this paper the author analyzes and explains the link between the Venezuelan crisis and its effects, as well as the reactions, attitudes and role of neighboring countries in this case Ecuador and Colombia. The purpose of this study was to find out how ALBA was able to maintain the harmony and position of domestic interdependence by not eliminating the existence and authority of member states. This writing uses qualitative descriptive methods with data collection using literature studies. After reviewing, analyzing some literature concluded that ALBA can be a catalyst for Latin America to strengthen relations and unite views in the face of such dynamic global problems.
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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 (12 novembre 2018) : 581–610. http://dx.doi.org/10.36311/2237-7743.2018.v7n3.07.p581.
Texte intégralRésumé :
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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Singh, Ripu Sudan. « State-Nation Dilemma and Kurdish Issue : Crisis of Governability in West Asia ». Indian Journal of Public Administration 63, no 4 (22 novembre 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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Filho, Marcílio Toscano Franca. « Westphalia : a Paradigm ? A Dialogue between Law, Art and Philosophy of Science ». German Law Journal 8, no 10 (1 octobre 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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Dauverd, Céline. « Conflicting Words : The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy. Laura Manzano Baena. Avisos de Flandes 13. Leuven : Leuven University Press, 2011. 282 pp. €39.50. » Renaissance Quarterly 69, no 1 (2016) : 316–18. http://dx.doi.org/10.1086/686397.
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van der Steen, Jasper. « Een tegenstrijdige vrede - Laura Manzano Baena, Conflicting Words. The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy (Leuven University Press ; Leuven 2011) 282 p., €39,50 ISBN 9789058678676 ». Tijdschrift voor Geschiedenis 125, no 1 (1 février 2012) : 132–33. http://dx.doi.org/10.5117/tvgesch2012.1.b13.
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Cruz, Laura. « Conflicting Words : The Peace Treaty of Münster (1648) and the Political Culture of the Dutch Republic and the Spanish Monarchy. By Laura Manzano Baena. Avisos de Flandes, volume 13. Leuven : Leuven University Press, 2011. Pp. 284. €39.50 (paper). » Journal of Modern History 85, no 3 (septembre 2013) : 667–69. http://dx.doi.org/10.1086/671717.
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Açma, Bülent, et Tekang P. Kwachuh. « TURKISH PUBLIC DIPLOMACY IN A DECADE : AN APPRAISAL AND PROSPECTS ». THEORETICAL AND APPLIED ISSUES OF ECONOMICS, no 42 (2021) : 165–87. http://dx.doi.org/10.17721/tppe.2021.42.14.
Texte intégralRésumé :
The birth of nation-states after the Westphalian Treaty of 1648 signaled the dominance of states in international relations. The end of WW1 and especially WW2 precipitated a paradigm shift in global affairs with the world driven by superpower rivalry between the U.S and USSR in what became known as the Cold War. The birth of the modern-day Republic of Turkey in 1923 as a remnant of the defunct Ottoman Empire has emerged as one of the most successful states whose geostrategic position is a huge advantage in her public diplomacy, making maximum use of her soft power rather than hard power. This paper dwells on those institutions that are pivotal in catapulting Turkish public diplomacy specifically from 2010 to mid-2021. Also, this work sought to look at recent wins within 10 years of Turkish Public Diplomacy and it pays attention to the backlashes and prospects of Turkish Public Diplomacy. This paper found out that a significant institution heralding Turkey’s Public Diplomacy is the Turkish Ministry of Foreign Affairs and the prestigious Turkish Government scholarship scheme stands out to be one of the big wins for Turkey. A huge deficit to Turkish Public Diplomacy hangs on insecurity across its borders. Lastly, an envisaged prospect can be spotted with the rising competitive nature of TRT World on the global media landscape. This paper concludes that Ankara’s public diplomacy would be more robust prior to the Centenary of its Independence in 2023 based on its institutions, recent gains and foreign policy goals. This article has penned down those institutions that are manning Turkish Public diplomacy such as YEI, TIKA, YTB etc., it made an appraisal on Turkish public diplomacy within a decade bringing to light past, contemporary gains and shortcomings as well. The paper then evolved around the prospects that await Turkish public diplomacy ahead of the 2023 Centenary Independence Celebration citing the role of TRT World as an important player in this expectation. It is pivotal to consider that for public diplomacy to be considered successful, soft power should be accompanied by economic prowess that will metamorphose into vibrant persuasive power. Within a decade, Turkish public diplomacy seems to have witnessed low and high tides however it keeps maturing as the years unfold. There is no doubt that the JDP leadership, institutions and actors in Ankara’s public diplomacy initiative from 2010 should be applauded for haven nurtured and implemented its public diplomacy after ascending power not focusing solely on the Middle East but has mapped out other regions globally, harvesting excellent results and off course thanks to the “Strategic Depth” Doctrine of Foreign Minister Davutoglu that Turkey has now mastered the public diplomacy terrain and has a great interest page in dominating global public diplomacy arena with little or no resistance from other states, particularly in an unpredictable MENA Region.