API tools faq
paste
Advertisement
jonstond2

Early 19th Century, 1789-1870

jonstond2
Feb 25th, 2017
401
0
Never
Add comment
Not a member of Pastebin yet? Sign Up, it unlocks many cool features!
text 131.17 KB | None | 0 0
raw download clone embed print report
  1. Introduction
  2.  
  3. This article provides a bibliography with reading suggestions for anyone interested in international law in thought and practice throughout the early 19th century, which is stretched slightly to cover the period from the escalation of political events in Paris in 1789 to the unification of Germany in 1870. These were the decades during which European public law was transformed into international law with a global potential, in which rationalism was challenged by historicism, and in which natural law was pushed aside by positivism. It opens with the decades during which the French Revolution disrupted the 18th-century order, eventually resulting in the settlement reached at Vienna under which the five great powers strove to maintain a Europe-wide order in concert. It continues with the decades during which liberalism and nationalism confronted that Vienna order, when industrialization and democracy produced a drastic transformation of societies, when Britain struggled to suppress the slave trade, and when the great powers intervened regularly either to uphold legitimate government or to protect the Christian populations of the Ottoman Empire. Finally, it concerns the decades during which Bentham introduced the term international law into the English language and the phrase began to replace droit des gens or droit public de l’Europe. At this time, the law of nations gradually evolved into a distinct academic discipline with textbooks on that law being published all over Europe and across the Atlantic, and, while Austin denied its law-like character, Kant and Hegel redefined its philosophical background. This period also witnessed the emergence of various independent states in the Americas and their gradual integration into the diplomatic system. And it is the age of imperialism in which the British Empire reached its zenith, China and Japan were forced to engage with modern international law, and Africa was divided among Western powers following the rise of the New Imperialism. However, since imperialism and colonialism and their relationship with international law are covered by other articles, this article adheres to a traditional, Europe-centered approach. As with any historical research, a study of the19th-century law of nations should start with acquiring a familiarity with the wider historical context to gain a true understanding of contemporary law. Therefore, this article begins with some suggestions for readings in 19th-century history and with references to 19th-century sources, such as treaty collections and diplomatic archives. The best way to begin to approach the study of developments in the international legal order in the 19th century is to consult general textbooks of international legal history. This article contains references to more specific works. It consists of three parts. The first part treats state practice in addressing historical events such as the Wars of the French Revolution and the Napoleonic Wars, the Vienna conference, and the Crimean War. This is the story of the law of nations in practice and, especially, of the structure and culture of the international order and the historical context in which the early-19th-century law of nations operated and evolved. The section on international legal scholarship contains references to the most significant 19th-century textbooks, arranged by country or geographical region, and 19th-century works on international legal theory as well as later studies on 19th-century authors and international legal scholarship. The third part deals with subjects of the law of nations, more specifically nationalism, the 19th-century notion of the state, and the concept of civilization. In this article, the “law of nations” is used to refer to the wider phenomenon of normativity, or law, in relations among autonomous political entities, whereas “international law” is employed to refer to the modern, 19th-century manifestation of this phenomenon.
  4.  
  5. General Overviews
  6.  
  7. The period covered by this article is one of the most dynamic ones in European history. Whether in respect to politics or economics, culture, technology, or social relations, it witnessed drastic changes, which are often joined together in being termed the process of modernization. The era is epitomized by the French Revolution for political and social changes and the Industrial Revolution for economic, social, and technological ones. The direct living environment and the world at large of 1870 would probably have been unrecognizable to any man or woman living in 1780. This is the background of an age that might best be characterized as the struggle between the conservative forces of the Restoration that had redrawn the map of Europe, on the one hand, and the forces of liberalism and nationalism on the other. While the former managed to control European affairs until about the mid-century, the Crimean War (1853–1856) launched a period of conflicts from which Germany and Italy would arise as unified nation-states in 1870. The 19th-century law of nations and international relations cannot be understood without some knowledge of this historical context. Hobsbawm 1962, Hobsbawm 1975, Ford 1989, Hearder 1966, Sperber 2000, Burleigh 2005, and Jones and Claeys 2011 provide excellent general surveys to grasp the spirit of the age.
  8.  
  9. Burleigh, Michael. Earthly Powers: The Clash of Religion and Politics in Europe from the French Revolution to the Great War. New York: HarperCollins, 2005.
  10. Save Citation »Export Citation »E-mail Citation »
  11. In this book, Michael Burleigh provides an image of 19th-century politics in Europe from the French Revolution to World War I from the perspective of the clash, or interaction, of politics and religion. It addresses ideas of Enlightenment philosophers, and church-state relations as well as the rise of the great political ideologies and the welfare state.
  12. Find this resource:
  13. Ford, Franklin L. Europe, 1780–1830. London: Longman, 1989.
  14. Save Citation »Export Citation »E-mail Citation »
  15. This book is one of the most often quoted books on European history of the late 18th and early 19th centuries. American historian and expert on ancien régime France Franklin Ford provides a narrative of the social, cultural, and political transition from the ancien régime to the Vienna order both within and between countries.
  16. Find this resource:
  17. Hearder, Harry. Europe in the Nineteenth Century, 1830–1880. London: Longman, 1966.
  18. Save Citation »Export Citation »E-mail Citation »
  19. One of the best general overviews of European history in the mid-19th century that addresses social, economic, and political events, developments, and changes in Europe. Hearder discusses the clashes between parties and classes within countries and the interactions between countries against the background of the institutional structure of society.
  20. Find this resource:
  21. Hobsbawm, Eric. The Age of Revolution: Europe, 1789–1848. London: Weidenfeld and Nicolson, 1962.
  22. Save Citation »Export Citation »E-mail Citation »
  23. In this book—the first volume in a trilogy on the “long 19th century”—renowned Marxist historian Eric Hobsbawm discusses the modernization of Europe as a result of the Industrial Revolution, on the one hand, and the French Revolution, on the other. It centers on the developments that were part of this twin revolution that ended with the revolutions of 1848 and how it transformed Europe and, through colonialism and imperialism, the rest of the world.
  24. Find this resource:
  25. Hobsbawm, Eric. The Age of Capital, 1848–1875. London: Weidenfeld and Nicolson, 1975.
  26. Save Citation »Export Citation »E-mail Citation »
  27. In the second volume of his trilogy on the “long 19th century,” Hobsbawm focuses on the years after the 1848 revolutions and, specifically, on the dominance of capitalism.
  28. Find this resource:
  29. Jones, Gareth Stedman, and Gregory Claeys, eds. The Cambridge History of Nineteenth-Century Political Thought. Cambridge, UK: Cambridge University Press, 2011.
  30. DOI: 10.1017/CHOL9780521430562Save Citation »Export Citation »E-mail Citation »
  31. This volume consists of contributions by various esteemed scholars that together offer a comprehensive overview of 19th-century political thought. The volume includes both thematic chapters on the major ideologies or general themes, such as political economy or religion, and chapters on the leading political philosophers of the period. The volume also includes an extensive bibliography.
  32. Find this resource:
  33. Sperber, Jonathan. Revolutionary Europe, 1780–1850. London: Longman, 2000.
  34. Save Citation »Export Citation »E-mail Citation »
  35. This book by American historian Jonathan Sperber addresses the major political events of the seven decades of revolution in European history. Sperber focuses on social and economic developments, such as the consequences of swift population growth, the transition from ancien régime society to bourgeois civil society, the growth of state power, and the struggle for participation in politics.
  36. Find this resource:
  37. Data Archives
  38.  
  39. Despite the richness of scholarship on the 19th century, secondary literature might not suffice to answers questions a reader may have on the 19th century. It may be necessary to turn to primary sources. Fortunately, most treaties are available in printed form. In addition to the collection by the 19th-century jurist Georg Friedrich von Martens (Martens 1808–1842), several treaty collections are easily accessible (e.g., Parry 1961–1986 and Kerautret 2002). Other documents may not have been published (yet). To access these, archival research is necessary. To find proper diplomatic sources, a basic knowledge of a country’s political system at the time under investigation is essential in order to know what government institutions were involved in foreign policy and external relations. The researcher will find basic overviews and extensive bibliographies per country in various books on political, constitutional, or administrative history (e.g., van Caenegem 1995, Raadschelders 2000), although guides to archives and inventories often also provide basic information. Some general guides to diplomatic archives (e.g. Thomas and Case 1975) are available, however, researchers are fortunate today to be able to directly access inventories on the websites of the various archives. In most countries diplomatic archives (including the original versions of treaties) are kept either in the national state archives or in separate archives of the foreign office. In countries such as Germany and Italy, which included several independent powers throughout most of the 19th century, diplomatic archives of these powers might be found in regional archives. In other cases, such as the former Habsburg monarchy, parts of the diplomatic archives might have been taken to the archives of states formed in the wake of the breakup of that the Habsburg Empire.
  40.  
  41. Kerautret, Michel, ed. Les grands traités du Consulat, 1799–1804. Paris: Nouveau Monde: Fondation Napoléon, 2002.
  42. Save Citation »Export Citation »E-mail Citation »
  43. Continued with Les grands traités de l’Empire, 2 vols. (1804–1810 and 1810–1815), Paris: Nouveau Monde: Fondation Napoléon, 2004. Selections of partly annotated treaties concluded by France with other powers at the time of the First Republic and the First Empire. The three volumes contain the French texts of the treaties with the first volume starting with the Franco-Prussian Treaty of Basel (5 April 1795) and the third volume ending with the Quadruple Alliance of 20 November 1815. In addition to treaties the volumes also contain relevant French laws and decrees as well as declarations of war and some diplomatic documents.
  44. Find this resource:
  45. Martens, Georg Friedrich von. Nouveau recueil de traités. 16 vols. Göttingen, Germany: Dieterich, 1808–1842.
  46. Save Citation »Export Citation »E-mail Citation »
  47. German jurist and diplomat Georg Friedrich von Martens embarked on a project to assemble a collection of treaties. In 1761, he started his Recueil de traités. In 1808, the work on a new collection started. The first four volumes were delivered by Martens himself. The project was continued by Karl von Martens, his nephew, and by Friedrich Saalfeld and Friedrich Murhard.
  48. Find this resource:
  49. Parry, Clive, ed. The Consolidated Treaty Series. Dobbs Ferry, NY: Oceana, 1961–1986.
  50. Save Citation »Export Citation »E-mail Citation »
  51. Clive Parry has edited what probably constitutes the greatest collection of treaties to date containing virtually every known treaty concluded from the 1648 Westphalian peace treaties to 1919. The treaties are mostly incorporated in the original language(s) and include a translation into English and/or French, if available. Volumes 50 to 142 contain treaties from 1789 to 1870. The series can be accessed by a chronological index or an index on treaty parties.
  52. Find this resource:
  53. Raadschelders, Jos. Handbook of Administrative History. New Brunswick, NJ: Transaction, 2000.
  54. Save Citation »Export Citation »E-mail Citation »
  55. Dutch-American administrative historian Jos Raadschelders offers a general introduction to administrative history. The book contains discussions of general trends in the development of public administration. For our purposes, however, the bibliography in the back is to be recommended. It provides an elaborate list of available books organized by country or geographical region.
  56. Find this resource:
  57. Thomas, Daniel H., and Lynn M. Case, eds. The New Guide to the Diplomatic Archives of Western Europe. Philadelphia: University of Pennsylvania Press, 1975.
  58. Save Citation »Export Citation »E-mail Citation »
  59. This work is one of the most comprehensive guides to diplomatic archives available, although it has become somewhat obsolete due to the introduction of archive websites.
  60. Find this resource:
  61. van Caenegem, Raoul C. An Historical Introduction to Western Constitutional Law. Cambridge, UK: Cambridge University Press, 1995.
  62. DOI: 10.1017/CBO9781139170871Save Citation »Export Citation »E-mail Citation »
  63. This book by Belgian legal historian van Caenegem offers a general historical survey of Western constitutional history with an extensive bibliography containing works on virtually every European country and the United States.
  64. Find this resource:
  65. Individual Countries
  66.  
  67. The following sections list national archives of individual countries.
  68.  
  69. Austria, France, Prussia, Russia, and the United Kingdom
  70.  
  71. Included in this section are archives for the five 19th-century great powers; Austria (Austrian State Archives/Österreichisches Staatsarchiv), France (Archives Nationales and the Archives et Patrimoine-France-Ministère des Affaires Étrangères), Prussia (Geheimes Staatsarchiv Preussischer Kulturbesitz), Russia (International Institute for Social History), and the United Kingdom (British National Archives).
  72.  
  73. ArcheoBiblioBase: Archives in Russia.
  74. Save Citation »Export Citation »E-mail Citation »
  75. This website in English of the International Institute for Social History provides information on archives in Russia.
  76. Find this resource:
  77. Archives et Patrimoine-France-Ministère des Affaires Étrangères.
  78. Save Citation »Export Citation »E-mail Citation »
  79. The archives of the French Ministry of Foreign Affairs are held by the ministry’s own archives division located in La Courneuve (just north of Paris) and Nantes.
  80. Find this resource:
  81. Archives Nationales.
  82. Save Citation »Export Citation »E-mail Citation »
  83. Documents of the French executive and legislature are to be found in the Archives Nationales (Paris).
  84. Find this resource:
  85. Austrian State Archives/Österreichisches Staatsarchiv.
  86. Save Citation »Export Citation »E-mail Citation »
  87. The governmental and diplomatic archives of Austria and the House of Habsburg can be found in the Austrian State Archives in Vienna.
  88. Find this resource:
  89. British National Archives.
  90. Save Citation »Export Citation »E-mail Citation »
  91. This website provides information on the British National Archives in Kew holding archival documents on foreign and Commonwealth correspondence and records from 1782 to 1905, including treaties and diplomatic relations with foreign countries, and other documents.
  92. Find this resource:
  93. Geheimes Staatsarchiv Preussischer Kulturbesitz.
  94. Save Citation »Export Citation »E-mail Citation »
  95. Archive for Prussia.
  96. Find this resource:
  97. Germany
  98.  
  99. Since Germany was not unified until 1870, the country encompassed several independent powers involved in international relations throughout the period covered by this article. Germany has a federal archive (the Bundesarchiv) and archives at the level of the Länder. Diplomatic archives of a 19th-century German state such as Bavaria (Die Staatlichen Archive in Bayern), Saxony (Sächsisches Staatsarchiv), Hanover (Niedersächsisches Landesarchiv), Hessen (Hessisches Staatsarchiv Marburg), Bremen (Staatsarchiv Bremen), and Baden and Württemberg (Landsarchiv Baden-Württemberg) are most likely to be found in the regional archive of the Land coinciding with that state’s territory.
  100.  
  101. Bundesarchiv.
  102. Save Citation »Export Citation »E-mail Citation »
  103. The federal archive of Germany.
  104. Find this resource:
  105. Die Staatlichen Archive in Bayern.
  106. Save Citation »Export Citation »E-mail Citation »
  107. Archive for Bavaria.
  108. Find this resource:
  109. Hessisches Staatsarchiv Marburg.
  110. Save Citation »Export Citation »E-mail Citation »
  111. Archive for Hessen.
  112. Find this resource:
  113. Landsarchiv Baden-Württemberg.
  114. Save Citation »Export Citation »E-mail Citation »
  115. Archive for Baden and Württemberg.
  116. Find this resource:
  117. Niedersächsisches Landesarchiv.
  118. Save Citation »Export Citation »E-mail Citation »
  119. Archive for Hanover.
  120. Find this resource:
  121. Sächsisches Staatsarchiv.
  122. Save Citation »Export Citation »E-mail Citation »
  123. Archive for Saxony.
  124. Find this resource:
  125. Staatsarchiv Bremen.
  126. Save Citation »Export Citation »E-mail Citation »
  127. Archive for Bremen.
  128. Find this resource:
  129. Staatsarchiv Stadt Hamburg.
  130. Save Citation »Export Citation »E-mail Citation »
  131. Archive for Hamburg.
  132. Find this resource:
  133. Italy
  134.  
  135. Since Italy was not unified until 1870, the peninsula featured several independent powers involved in international relations throughout the period covered by this article. The Italian State Archives have branches in all major cities. Diplomatic archives of a 19th-century Italian state are most likely to be found in the former capital of that state. For instance, the governmental and diplomatic archives of the Napoleonic Cisalpine and Italian Republics are held by the Archivio di Stato in Milan. Available archives include the Central State Archives (Archivio Centrale dello Stato), Genoa (Archivio di Stato di Genova), Milan (Archivio di Stato di Milano), Naples-Sicily (Archivio di Stato di Napoli), Piedmont (Archivio di Stato di Torino), Tuscany (Archivio di Stato di Firenze), the Vatican (the Holy See: Archive), and Venice (Archivio di Stato di Venezia).
  136.  
  137. Archivio Centrale dello Stato.
  138. Save Citation »Export Citation »E-mail Citation »
  139. Directory of documents within the Central State Archives of Italy.
  140. Find this resource:
  141. Archivio di Stato di Firenze.
  142. Save Citation »Export Citation »E-mail Citation »
  143. Archive for Tuscany.
  144. Find this resource:
  145. Archivio di Stato di Genova.
  146. Save Citation »Export Citation »E-mail Citation »
  147. Archive for Genoa.
  148. Find this resource:
  149. Archivio di Stato di Milano.
  150. Save Citation »Export Citation »E-mail Citation »
  151. Archive for Milan.
  152. Find this resource:
  153. Archivio di Stato di Napoli.
  154. Save Citation »Export Citation »E-mail Citation »
  155. Archive for Naples-Sicily.
  156. Find this resource:
  157. Archivio di Stato di Torino.
  158. Save Citation »Export Citation »E-mail Citation »
  159. Archive for Piedmont.
  160. Find this resource:
  161. Archivio di Stato di Venezia.
  162. Save Citation »Export Citation »E-mail Citation »
  163. Archive for Venice.
  164. Find this resource:
  165. The Holy See: Archive.
  166. Save Citation »Export Citation »E-mail Citation »
  167. Archive for Vatican.
  168. Find this resource:
  169. Additional Countries
  170.  
  171. Included in this section are archives for Belgium (Het Algemeen Rijksarchief – Archives générales du Royaume), Denmark (Statens Arkiver), Greece (General State Archives), the Netherlands (Nationaal Archief), Portugal (Arquivo Nacional da Torre do Tombo), Spain (Archivos y Centros Estatales gestionados por la Secretaría de Estado de Cultura), Sweden (Riksarkivet), Switzerland (Schweizerisches Bundesarchiv), Turkey (Devlet Arşivleri), and the United States (US Federal Archives).
  172.  
  173. Archivos y Centros Estatales gestionados por la Secretaría de Estado de Cultura.
  174. Save Citation »Export Citation »E-mail Citation »
  175. This website (in Spanish only) provides information on the Archivos y Centros Estatales gestionados por la Secretaría de Estado de Cultura, that is, all major archives in Spain holding public records.
  176. Find this resource:
  177. Arquivo Nacional da Torre do Tombo.
  178. Save Citation »Export Citation »E-mail Citation »
  179. The governmental and diplomatic archives of Portugal can be found in the Arquivo Nacional da Torre do Tombo (website not available in English) in Lisbon.
  180. Find this resource:
  181. Devlet Arşivleri.
  182. Save Citation »Export Citation »E-mail Citation »
  183. This website in Turkish provides information on archives in Turkey and could be very helpful in accessing, for example, the governmental and diplomatic archives of the Ottoman Empire.
  184. Find this resource:
  185. General State Archives.
  186. Save Citation »Export Citation »E-mail Citation »
  187. The governmental and diplomatic archives of Greece, formally independent since 1832, can be found in the Αρχείων του Κράτους (General State Archives) in Psychiko Athens.
  188. Find this resource:
  189. Het Algemeen Rijksarchief—Archives générales du Royaume.
  190. Save Citation »Export Citation »E-mail Citation »
  191. The governmental and diplomatic archives of Belgium can be found in the Belgian National Archives in Brussels.
  192. Find this resource:
  193. Nationaal Archief.
  194. Save Citation »Export Citation »E-mail Citation »
  195. The governmental and diplomatic archives of the Kingdom of the Netherlands can be found in the Nationaal Archief (Dutch National Archives) in The Hague.
  196. Find this resource:
  197. Riksarkivet.
  198. Save Citation »Export Citation »E-mail Citation »
  199. The Riksarkivet (Swedish National Archives) in Stockholm holds the governmental and diplomatic archives of Sweden. This website also provides access to the military archives and to regional state archives in Sweden.
  200. Find this resource:
  201. Schweizerisches Bundesarchiv.
  202. Save Citation »Export Citation »E-mail Citation »
  203. The governmental and diplomatic archives of Switzerland are held by the Schweizerisches Bundesarchiv (Swiss Federal Archives) in Bern.
  204. Find this resource:
  205. Statens Arkiver.
  206. Save Citation »Export Citation »E-mail Citation »
  207. The governmental and diplomatic archives of Denmark can be found in the Danish National Archives in Copenhagen.
  208. Find this resource:
  209. US Federal Archives.
  210. Save Citation »Export Citation »E-mail Citation »
  211. The archives of the US federal government and US diplomatic archives can be found in the National Archives in Washington, DC, and several other locations. This website provides information on what records are held where and how the archives can be accessed.
  212. Find this resource:
  213. Historical Overviews
  214.  
  215. For many reasons it seems illogical to have the 19th century start in 1800 as far as the law of nations is concerned. By the end of the War of the Spanish Succession (1701–1714), the European states system had come to be seen as consisting of a plurality of autonomous powers. However, as yet the equality of Europe’s powers was not recognized, nor had the European states system abandoned its heterogeneity in favor of a single unit type. With the rise of Britain, Russia, and Prussia, the pentarchy of great powers that would control European politics throughout the 19th century was in place by the middle of the 18th. The rivalry between France and the House of Habsburg that had dominated Europe for centuries ended when France and Austria recognized the new geopolitical situation and allied in 1756. Emer de Vattel’s (b. 1714–d. 1767) Le droit des gens ou principes de la loi naturelle (1758), with its stress on “liberty and independence,” marks the acknowledgment of the new situation in international legal doctrine. Moreover, scholars and practitioners came to recognize the great peace treaties as the core of a body of rules governing the European society of princes, the droit public de l’Europe or jus publicum europaeum. The year 1800 found Europe in the midst of an epochal war. Revolutionary and Napoleonic France challenged the existing territorial and political order. And yet, after Napoleon had been defeated, the European order came closer than ever before to the “Westphalian order” in consisting exclusively of sovereign and equal states. The 19th century is the truly Westphalian era in the history of the law of nations. It was then that modern international law reached its zenith. At the same time it is an age of turmoil in which the European order was continuously challenged by liberal revolutionary movements in many countries as well as by nationalist separation and unification movements, which resulted in a series of diplomatic incidents and crises. This section starts with several works on general 19th-century diplomatic history or histories of the European states system (Anderson 2000, Bridge and Bullen 2005, Kissinger 1994, Schroeder 1996) and some short general accounts of the law of nations and international legal thought and scholarship in the 19th century that focus either on trends at the level of ideas (Kennedy 1996, Koskenniemi 2009, Lev 2011, Orakhelashvili 2011) or on the impact of economic, social, and technological developments on the law of nations (Klump and Vec 2010 and Vec 2006). Subsequent subsections cover the main events in 19th-century diplomatic history in a chronological order.
  216.  
  217. Anderson, Matthew S. The Ascendancy of Europe, 1815–1914. Harlow, UK: Pearson Longman, 2000.
  218. Save Citation »Export Citation »E-mail Citation »
  219. Second edition of the book by British international history scholar M. S. Anderson in which he endeavors to grasp the drastic transformation of Europe throughout the 19th century. The book focuses on the political and economic balance of power; the mechanics of government, economic, and social change; nationalism; Europe’s relations with the rest of the world; changes in warfare; and the intellectual background, with particular attention paid to Romanticism and evolutionary thought.
  220. Find this resource:
  221. Bridge, Roy, and Roger Bullen. The Great Powers and the European States System, 1814–1914. 2d ed. Harlow, UK: Pearson Longman, 2005.
  222. Save Citation »Export Citation »E-mail Citation »
  223. This chronological narrative of international relations in Europe between 1814 and 1914 provides one of the best overviews available. Bridge and Bullen analyze how the European states system functioned. The authors focus on diplomatic crises and on the main statesmen, their views and aims, mutual relations, and what determined their decisions.
  224. Find this resource:
  225. Kennedy, David. “International Law and the Nineteenth Century: History of an Illusion.” Nordic Journal of International Law 65.3 (1996): 385–420.
  226. DOI: 10.1163/15718109620294933Save Citation »Export Citation »E-mail Citation »
  227. Paper in which American legal scholar David Kennedy reflects on, and assesses how, present-day international lawyers view the place the 19th century holds in the tradition of international law. Kennedy observes that international lawyers suffer from a flawed memory and critically examines the tendency of using the 19th century as a counterpoint to contrast the alleged maturity of the discipline now and as constituting a phase that international law has moved beyond and today rejects.
  228. Find this resource:
  229. Kissinger, Henry. Diplomacy. New York: Simon & Schuster, 1994.
  230. Save Citation »Export Citation »E-mail Citation »
  231. In this seminal work, Kissinger provides a narrative of diplomatic history from the early 17th century to the end of the Cold War from a realist perspective. The book contains an extensive chapter on the Concert of Europe and one on the interplay and confrontation between Napoleon III and Otto von Bismarck.
  232. Find this resource:
  233. Klump, Rainer, and Miloš Vec, eds. Völkerrecht und Weltwirtschaft im 19. Jahrhundert. Studien zur Geschichte des Völkerrechts 26. Baden-Baden, Germany: Nomos, 2010.
  234. Save Citation »Export Citation »E-mail Citation »
  235. The papers in this volume edited by German economist Rainer Klump and German international legal historian Miloš Vec examine the influence of the emergence of a global economy throughout the 19th century both from an economic and from an international law perspective with great attention to the legal frameworks within which economic globalization took place and how they related to the existing European law of nations.
  236. Find this resource:
  237. Koskenniemi, Martti. “The Legacy of the Nineteenth Century.” In Routledge Handbook of International Law. Edited by David Armstrong, 141–153. New York: Routledge, 2009.
  238. Save Citation »Export Citation »E-mail Citation »
  239. Finnish international legal scholar Martti Koskenniemi considers to what extent the 19th century laid the foundations for 20th-century and current debates and trends in international law. While focusing on the “short 19th century,” he does address several developments earlier in the 19th century, such as the reaction of jurists to the dominance of balance of power policies, the turn in legal doctrine away from naturalism and toward positivism, and the issue of reconciling state sovereignty with a binding law of nations.
  240. Find this resource:
  241. Lev, Amnon. “The Transformation of International Law in the 19th Century.” In Research Handbook on the Theory and History of International Law. Edited by Alexander Orakhelashvili, 111–142. Cheltenham, UK: Edward Elgar, 2011.
  242. Save Citation »Export Citation »E-mail Citation »
  243. Amnon Lev argues that a scientific discourse on international law became possible in the second half of the 19th century because the way the international sphere was conceived in Europe changed throughout the century from one of opposition between sovereign powers to one in which sovereign states are not deemed to be opponents by necessity but members of a community
  244. Find this resource:
  245. Orakhelashvili, Alexander. “The 19th Century Life of International Law.” In Research Handbook on the Theory and History of International Law. Edited by Alexander Orakhelashvili, 441–455. Cheltenham, UK: Edward Elgar, 2011.
  246. Save Citation »Export Citation »E-mail Citation »
  247. Alexander Orakhelashvili portrays the 19th century as an era in which states increasingly acknowledged that the law of nations constitutes part and parcel of diplomacy and foreign affairs. He discusses three patterns in depth: (1) the culture of multilateralism and collective approach to threats, (2) the role of treaties in international politics, and (3) the role of international law in colonial policies.
  248. Find this resource:
  249. Schroeder, Paul W. The Transformation of European Politics, 1763–1848. Oxford: Oxford University Press, 1996.
  250. Save Citation »Export Citation »E-mail Citation »
  251. American historian Paul W. Schroeder argues that the years between 1763 and 1848 witnessed a dramatic transformation in European international politics. The book provides an in-depth narrative of European politics from the end of the Seven Years’ War to the 1848 revolutions that reflects this transformation. With his thesis of undisrupted transformation, Schroeder contests earlier views that portray the period after 1815 as one of restoration.
  252. Find this resource:
  253. Vec, Miloš. Recht und Normierung in der industriellen Revolution: Neue Strukturen der Normierung in Völkerrecht, staatlicher Gesetzgebung und gesellschaftlicher Gesetzgebung und gesellschaftlicher Selbstnormierung. Frankfurt: Vittorio Klostermann, 2006.
  254. Save Citation »Export Citation »E-mail Citation »
  255. Miloš Vec examines the interplay between technological developments of the Industrial Revolution and law. He argues that the major changes in society brought by industrialization resulted in new structures of regulation, new legal sources, and normative pluralism. With respect to the international level, Vec discusses how the international community acted as legislator through treaties and new international institutions resulting in a transformation of the law of nations into a law of cooperation.
  256. Find this resource:
  257. The French Revolution and the Revolutionary Wars, 1789–1802
  258.  
  259. By the end of the 1780s, all eyes were focused on the East where tension among Austria, Russia, and Prussia simmered. In the West, Britain was isolated and France bankrupt. The political crisis of 1787–1789 seemed to weaken France even more. Nonetheless, by 1792–1793 France was at the center of a European-wide conflict again as a series of system disrupting wars commenced in which geopolitics was augmented by ideological oppositions (for general accounts, see Armstrong 1993, Sorel 1885–1904). In 1792, French forces barely managed to push back invading Austrian and Prussian forces. Deeming imperial Austria the main threat, the French Republic aimed for hegemony in western Europe. After 1794, successes in war gained for the French control of the Low Countries, the Rhineland, northern Italy, and Switzerland. France annexed most of the lands west of the Alps and the Rhine River, and most of these territories were turned into “sister republics” that adopted republican constitutions and that were closely allied with France (see Palmer 1959–1964 and Godechot 1956 for the relationship of France with its sister republics in general, and Kubben 2011 for a case study of the Batavian Republic). Simultaneously, the ideological character of the war receded into the background and France made peace with its monarchical foes one by one. War on the Continent concluded with the Treaty of Campo Formio (1797) and again the Treaty of Lunéville (1801). The 1802 Peace of Amiens with Britain initiated a short period of general peace. The approach to the law of nations taken by the French revolutionaries and their supporters was ambiguous (see Belissa 1998). Natural law was invoked to revoke treaties and voices were raised in support of cosmopolitan solidarity. On the other hand, revolutionary discourse stressing the popular will as the sole source of legitimacy to authority and law supported positivist and nationalist tendencies. Initially French revolutionaries rejected intervention and war for the sake of conquest and stressed the importance of good faith in keeping treaties. However, as France gained the upper hand in the wars of the French Revolution, views justifying war had to be formulated (for the laws of war, see Basdevant 1901). Moreover, the revolutionaries purported to establish popular control of foreign policies, an approach that, by extension, upheld the general notion that monarchy was intrinsically bellicose, which launched a debate on whether or not Europe could ever be peaceful and the French Republic ever secure as long as monarchs remained in power elsewhere in Europe (see Belissa 2006).
  260.  
  261. Armstrong, David. Revolution and World Order: The Revolutionary State in International Society. Oxford: Clarendon, 1993.
  262. DOI: 10.1093/0198275285.001.0001Save Citation »Export Citation »E-mail Citation »
  263. In this book, David Armstrong addresses the impact of the emergence of a revolutionary state on the states system and the law of nations. Armstrong examines how, inter alia, the French Revolution related to what he calls the Westphalian conception of international society. By analyzing the foreign policies, practices, and leading principles of the regimes of the French Revolution, he shows how the French Revolution challenged the existing international society while revolutionary France was “socialized” in the end.
  264. Find this resource:
  265. Basdevant, Jules. La Révolution française et le droit de la guerre continentale. Paris: L. Larose, 1901.
  266. Save Citation »Export Citation »E-mail Citation »
  267. In this book, French jurist Jules Basdevant examines the implications of revolutionary ideas and ideals for the laws of war and how things turned out in practice. Basdevant discusses the nature of the wars of the French Revolution and rules that were instituted to decrease the vices of war. Finally, Basdevant elaborates on the consequences of the tension between monarchical and national conceptions of sovereignty for the character and conduct of war.
  268. Find this resource:
  269. Belissa, Marc. Fraternité universelle et intérêt national, 1713–1795: Les cosmopolitiques du droit des gens. Paris: Kimé, 1998.
  270. Save Citation »Export Citation »E-mail Citation »
  271. French historian Marc Belissa first examines theoretical positions on the European legal order of the Enlightenment centering on the dilemma between the universality of a society of mankind and the emphasis on state interests in practice. Belissa then assesses how the American and French revolutionaries viewed international relations and discusses the debate on the European order and the foundations of the law of nations in the early years of the revolutionary period.
  272. Find this resource:
  273. Belissa, Marc. Répenser l´orde européen, 1795–1802: De la société des rois aux droits des nations. Paris: Kimé, 2006.
  274. Save Citation »Export Citation »E-mail Citation »
  275. Marc Belissa assesses how contemporaries handled the shared awareness of transition and redefined the European order. The first part of the book offers a thorough scrutiny of the debate on the future of Europe and France’s place therein. In the second part of the book, Belissa discusses various issues regarding the search for a stable territorial division of power as well as new juridical forms to regulate the new order.
  276. Find this resource:
  277. Godechot, Jacques. La grande nation: L’expansion révolutionnaire de la France dans le monde de 1789 à 1799. Paris: Aubier Montaigne, 1956.
  278. Save Citation »Export Citation »E-mail Citation »
  279. This book stands out as one of the classics among works on the external aspects of the French Revolution. French historian Jacques Godechot claims that, while revolutionary movements were first a Western phenomenon, France gained a leading and dominant role as a great nation. He describes the military and ideological expansion of the Revolution, that is, the emulation and exportation of French revolutionary ideas and institutions. He also studies the conditions of expansion, the means through which it occurred, and the problems encountered with the exportation of ideas and institutions.
  280. Find this resource:
  281. Kubben, Raymond. Regeneration and Hegemony: Franco-Batavian Relations in the Revolutionary Era, 1795–1803. Leiden, The Netherlands: Martinus Nijhoff, 2011.
  282. Save Citation »Export Citation »E-mail Citation »
  283. Dutch international legal historian Raymond Kubben provides a study of relations between the French Republic and one of its sister republics, the Batavian Republic, in which he analyzes the formation, substance, and execution of the Franco-Batavian alliance treaty and the Batavian Republic’s role in the European theater, mainly its involvement with the major peace treaties.
  284. Find this resource:
  285. Palmer, Robert. The Age of the Democratic Revolution: A Political History of Europe and America, 1769–1800. 2 vols. Princeton, NJ: Princeton University Press, 1959–1964.
  286. Save Citation »Export Citation »E-mail Citation »
  287. Robert Palmer argues that the French Revolution was part of a movement that spread over the urbanized areas of western Europe and North America. He discusses how democratic movements across Europe held common views but also adapted their programs to the situation within each country and to the problems particular to each country. As such, the book offers one of the major statements in opposition to the view that revolution in western Europe was imposed by France.
  288. Find this resource:
  289. Sorel, Albert. L’Europe et la Révolution française. 8 vols. Paris: Plon, 1885–1904.
  290. Save Citation »Export Citation »E-mail Citation »
  291. The late-19th-century French historian Albert Sorel has written one of the most comprehensive and elaborate accounts of the diplomatic history of the French Revolution and Napoleonic years. Sorel offers a well written narrative that pays great attention to the psychology behind foreign policies. Although Sorel has been criticized in past decades for interpreting the Revolutionary and Napoleonic Wars as a continuation of 18th-century geopolitics and traditional French foreign policy, these books are still worth reading.
  292. Find this resource:
  293. The Napoleonic Wars, 1802–1814
  294.  
  295. In December 1799, Napoleon Bonaparte (b. 1769–d. 1821) assumed power in Paris. Under his rule France adopted an increasingly dominant posture in Europe and gradually abandoned its reluctance to make its hegemony manifest (see Broers 1996, Erbe 2004, Kagan 2006). In 1804, Napoleon had the imperial title imposed on him by the French Senate and people. Some months earlier, the Napoleonic Wars (1803–1815) had started. The Austrian-Russian defeat at Austerlitz (1805) and the Prussian defeats at Jena and Auerstädt (1806) rendered Napoleon master of the Continent. The two German powers found themselves on the brink of losing great power status and forced into alliances with France. Napoleon now embarked on a radical territorial reshaping of Europe (on Napoleon’s “European policy,” see the various contributions in Lentz 2005). Portions of northern Italy were annexed to France and other portions turned into a kingdom that was linked to France by a personal union of the crowns. Several other countries became vassal kingdoms ruled by Napoleon’s brothers or brothers-in-law (see Connelly 1966 and Woolf 2002), while Napoleon annexed more and more territory to France itself, especially coastal regions, to bring these areas under his direct control as part of an effort to enforce the Continental Blockade of Britain. Most remarkable was the reordering of Germany. The incumbent Holy Roman Emperor, Francis II (b. 1768–d. 1835), abdicated and adopted the title emperor of Austria in 1806, effectively putting an end to the Holy Roman Empire. The secondary and minor powers of Germany were linked to France through alliance structures and closely connected to Napoleon personally through family bonds. Throughout the wars ecclesiastical territories were secularized and mainly annexed to the territories of German princes who were allied with France. The crowning glory was the formation of the Confederation of the Rhine, a configuration within which the smaller German powers were united under Napoleonic leadership. Meanwhile, Napoleon initiated political, legal, and social reforms in France and imposed similar reforms on the states within his sphere of imperial control (see Bruun 1965, Woolf 2002). The French emperorship itself seems to have been gradually evolving into a supranational institution. Both from a structural and from a geographic point of view, the Napoleonic Empire was, however, still in flux and in need of consolidation by the time Napoleon made his biggest strategic mistake: the 1812 invasion of Russia.
  296.  
  297. Broers, Michael. Europe under Napoleon, 1799–1815. London: Arnold, 1996.
  298. Save Citation »Export Citation »E-mail Citation »
  299. The British military historian Michael Broers offers a general account of the Napoleonic reorganization of the European order. Broers elaborates on the military side of Napoleonic imperialism—the wars, campaigns, revolts, and military reforms—together with Napoleon’s attempts to consolidate the French Empire, collaboration with and resistance against these attempts by the populations of subjected territories, and the consequences of the Continental Blockade for the structure of the French Empire, among other issues.
  300. Find this resource:
  301. Bruun, Geoffrey. Europe and the French Imperium, 1799–1814. New York: Harper & Row, 1965.
  302. Save Citation »Export Citation »E-mail Citation »
  303. Before offering a straightforward account of Napoleon’s subjugation of Europe, the organization of his empire, and his confrontation with Britain, Geoffrey Bruun provides a convincing argument asserting that Napoleon’s reign marked a continuation of enlightened despotism after the short deviation of the revolutionary years. Bruun portrays the Consulate and the First Empire as the realization of Enlightenment prospects of a rational, centralized state after the French Revolution had done away with the obstacles that had prevented Europe’s monarchs from instituting the necessary reforms.
  304. Find this resource:
  305. Connelly, Owen. Napoleon’s Satellite Kingdoms. New York: Free Press, 1966.
  306. Save Citation »Export Citation »E-mail Citation »
  307. In this book, the American military historian Owen Connelly examines each of the Napoleonic vassal kingdoms and their precursors in the forms of “sister republics” both from a perspective of their international position and from a perspective of internal politics and constitutional changes.
  308. Find this resource:
  309. Erbe, Michael. Revolutionäre Erschütterung und erneuertes Gleichgewicht: Internationale Beziehungen, 1785–1830. Handbuch der Geschichte der internationalen Beziehungen 5. Paderborn, Germany: Schöningh, 2004.
  310. Save Citation »Export Citation »E-mail Citation »
  311. The German historian Michael Erbe provides an account of (European) international relations across the familiar break of 1815. Erbe embeds the Napoleonic Wars in a longer period of time that allows him to assess the historical significance of these wars and where Napoleon went wrong. Erbe discusses how. starting with the increased tension of the 1780s, the European states system was disrupted by the wars of the French Revolution and Napoleon and how Vienna brought new stability.
  312. Find this resource:
  313. Kagan, Frederick W. Napoleon and Europe: The End of the Old Order, 1801–1805. Cambridge, MA: Da Capo Press, 2006.
  314. Save Citation »Export Citation »E-mail Citation »
  315. In this work, the American military historian Frederick W. Kagan sets out to present the history of the Napoleonic Wars in centering the narrative not only on the Emperor, but also on the perspective provided by the other key figures. Kagan builds his narrative on the interplay of war, domestic politics, and international relations. Three more volumes covering the years from 1805 to 1815 have been announced.
  316. Find this resource:
  317. Lentz, Thierry, ed. Napoléon et l’Europe: Regards sur une politique. Paris: Fayard, 2005.
  318. Save Citation »Export Citation »E-mail Citation »
  319. This volume, edited by the French historian Thierry Lentz, includes contributions from the proceedings of a conference on Napoleon and Europe hosted by the Fondation Napoléon and the French foreign office in Paris in November 2004. Scholars, mainly historians, from all over Europe discuss Napoleon’s views on the European order and his relations with specific areas of the world, aspects of French foreign policy throughout the Napoleonic years, and the impact of the French Revolution on the European order, among other topics.
  320. Find this resource:
  321. Woolf, Stuart. Napoleon’s Integration of Europe. London: Routledge, 2002.
  322. Save Citation »Export Citation »E-mail Citation »
  323. The British historian Stuart Woolf addresses the spread across Europe of the modern state and the modernization of administration based on the uniform model defined by French revolutionaries throughout the years that Napoleon Bonaparte ruled France. He discusses the ways that France attempted to integrate Europe in this way as well as the ways in which the inhabitants of conquered territories responded to French modernization attempts.
  324. Find this resource:
  325. The Vienna Conference, 1814–1815
  326.  
  327. While the Russian winter worked to defeat Napoleon’s Grande Armée, Prussia and Austria turned on the emperor. Early in 1814, the powers allied against the French emperor agreed to deal with France collectively to prevent Napoleon from once again exploiting divisions among them. This marked the start of the great power directorate that would control European politics in concert for almost half a century. Peace was made with France in Paris. Napoleon was exiled to Elba, the House of Bourbon was reinstated, and France was forced to return to its 1792 borders. In October of the same year, the powers of Europe assembled in Vienna to create a new order under the guiding principle of “restoration” (for the files and general accounts of the conference, see Klüber 1815–1835, Klüber 1816, and Zamoyski 2008). What that new order was to look like had already been largely fixed in wartime agreements and the Paris settlements (for a discussion of these and other 19th-century peace treaties, see Steiger 2004). But the issues of the reorganization of Germany and of the fate of Poland-Saxony were still open and threatened to drive the allied powers apart. All the powers did agree that the imbroglio of the preceding period could be blamed on the spirit of revolution and on the incapacity of the great powers to respond jointly and quickly, and their aim to redress that failure marked the quintessence of Restoration diplomacy. Austrian chancellor Klemens von Metternich (b. 1773–d. 1859) most especially personified this spirit. He emerged as the architect of the Vienna order based on the principle of legitimacy. Negotiations took place among the five major powers. Representatives of the other powers worked at the margins of the conference. Diplomats from the lesser states had to wait to be called upon, and many spent their time dancing the new Vienna waltz. The fate of Germany and Poland soon turned out to be unsolvable and negotiations entered a deadlock. But Napoleon’s return to power provoked a compromise. The Final Act was adopted several days before the Battle of Waterloo (18 June 1815). The Vienna peace settlement, besides positing the principle of legitimacy (see Osiander 2003), consisted to a large extent of a territorial reorganization of Europe in order to put in place an organized balance of power. In the course of the century to come, jurists would increasingly distance themselves from the balance of power principle on which the Vienna order was based, regarding it as part of the politics from which they wished to purge the law of nations (see Vec 2011).
  328.  
  329. Klüber, Johann Ludwig. Acten des Wiener Congresses in den Jahren 1814 und 1815. 9 vols. Erlangen, Germany: J. J. Palmer & E. Enke, 1815–1835.
  330. Save Citation »Export Citation »E-mail Citation »
  331. German law professor Johann Ludwig Klüber resided in Vienna at the time of the Vienna conference. In the years after the conference, he published a collection of documents relating to the conference covering nine volumes. This collection includes the Final Act of the Vienna conference and the founding act of the German Confederation, among other documents.
  332. Find this resource:
  333. Klüber, Johann Ludwig. Übersicht der diplomatischen Verhandlungen des Wiener Congresses. Frankfurt: Andreae, 1816.
  334. Save Citation »Export Citation »E-mail Citation »
  335. In addition to the collection of documents relating to the Vienna conference, German law professor Johann Ludwig Klüber published a book in which he provides an overview of diplomatic negotiations at the conference.
  336. Find this resource:
  337. Osiander, Andreas. The States System of Europe, 1640–1990: Peacemaking and the Conditions of International Stability. Oxford: Oxford University Press, 2003.
  338. Save Citation »Export Citation »E-mail Citation »
  339. German international relations scholar Andreas Osiander challenges material structuralism in international relations theory by arguing that a stable international order is premised on general adherence to structural principles, procedural rules, and other assumptions on how the states system works and actors behave. In chapter 4, Osiander analyzes in detail the 1815 Vienna conference and the Vienna settlement from this perspective with an emphasis on the right of conquest, dynastic legitimacy, the balance of power, and the great power principle.
  340. Find this resource:
  341. Steiger, Heinhard. “Peace Treaties from Paris to Versailles.” In Peace Treaties and International Law in European History: From the Late Middle Ages to World War One. Edited by Randall Lesaffer, 59–99. Cambridge, UK: Cambridge University Press, 2004.
  342. DOI: 10.1017/CBO9780511494239Save Citation »Export Citation »E-mail Citation »
  343. In this chapter to a volume on peace treaties, German international lawyer and legal historian Heinhard Steiger presents a general overview of 19th-century treaty practice in which he connects peace treaties to general political, economic, intellectual, and cultural developments. Steiger discusses the procedural sides of the conclusion of peace treaties, the character of treaty partners, and the internal structure of treaties and standardized clauses.
  344. Find this resource:
  345. Vec, Miloš. “De-juridifying ‘Balance of Power’: A Principle in 19th Century International Legal Doctrine.” Paper presented at the Tallinn Research Forum, 26–28 May 2011. European Society of International Law (ESIL) Conference Paper Series 1.1.
  346. Save Citation »Export Citation »E-mail Citation »
  347. Miloš Vec shows how the principle of the balance of power turned from one of the leading ideas behind the early modern states system into a principle that was eschewed by most lawyers due to the positivist distinction between law and politics and since the balance of power principle came to be regarded as part of the conservative Vienna order.
  348. Find this resource:
  349. Zamoyski, Adam. Rites of Peace: The Fall of Napoleon and the Congress of Vienna. New York: Harper Perennial, 2008.
  350. Save Citation »Export Citation »E-mail Citation »
  351. American-British historian Adam Zamoyski offers a thorough account of the territorial reordering of Europe after the defeat of Napoleon at Leipzig, including a description of the military campaigns preceding the emperor’s exile to Elba and an elaborate discussion of both the official diplomacy and the peripheral social events—and how the two influenced each other—of the Vienna conference.
  352. Find this resource:
  353. The Concert of Europe, 1815–1848
  354.  
  355. The Vienna conference instituted the “Concert of Europe.” Issues of European concern were dealt with by the great powers collectively through mechanisms of concert diplomacy. The 18th-century pentarchy had survived the epochal war, but its position within the states system drastically changed. Both at the conference and thereafter, the five powers claimed a leading role and matching special rights and obligations. This role was accepted by most other powers and legally sanctioned (see Kissinger 2000, Schulz 2009, Simpson 2004). The year 1830 saw the first major wave of revolutions after the defeat of Napoleon. Outbreaks boiled down to protests by liberals and nationalists against the peace settlement, stressing popular sovereignty against dynastic rights and the Restoration treaties. Summits were held to deal with crises, such as the separation of Belgium from the Netherlands (see Falter 2005). Whatever their short-term foreign policy aims, the great powers remained committed to maintaining solidarity among themselves and upholding respect for the principles of concert diplomacy. This approach matched the kind of conflict management Metternich envisaged. Diplomacy thrived in the 19th century (see Mösslang and Riotte 2008). The European concert intensified diplomatic interaction. Conferences to deal with international issues and disputes or to negotiate treaties abounded. Disputes between diplomats over precedence were rendered obsolete by the Final Act of the Vienna conference and the 1818 Protocol of Aachen. These documents put in place a system of classification of diplomats and issues of precedence based on diplomatic rank and seniority rather than on an order among states. The American and French Revolutions drew on principles of liberal individualism in which natural human rights were paramount. Such principles, however, impacted little on the law of nations in the 19th century, with the exception of the struggle against the transatlantic slave trade. In Britain, an abolition movement emerged early. In 1807, Parliament passed the Abolition Bill prohibiting the trade. The next step was to prevent other countries from contravening the prohibition. Britain concluded numerous bilateral treaties and pushed for measures at international conferences (see Lutz Kern 2004). A court of vice admiralty was established in Freetown, Sierra Leone, to deal with cases involving seized ships (see Helfman 2006). This policy challenged the principle of free navigation in peace time, although the High Court of Admiralty overruled the Freetown court and affirmed the principle of free navigation in the 1817 Louis case. Nonetheless, this policy forced European countries that still consented to, and were involved in, the slave trade to negotiate and eventually abandon the transatlantic trade in African slaves. Combating the slave trade was closely connected to the laws of the sea. To halt the trade in slaves, the British also claimed the right to inspect vessels on the high seas in peacetime to establish the vessel’s nationality, which led to disagreement between Britain and the United States (see Wheaton 1842).
  356.  
  357. Falter, Rolf. 1830: De scheiding van Nederland, België en Luxemburg. Tielt, Belgium: Lannoo, 2005.
  358. Save Citation »Export Citation »E-mail Citation »
  359. This book by the historian and journalist Rolf Falter provides one of the most recent elaborate and vivid narratives of the separation of Belgium from the Netherlands, focusing on the 1830 revolt of the Belgians and including the reaction of the great powers to what probably amounts to one of the most significant events undoing the Vienna territorial order in Europe before the German unification.
  360. Find this resource:
  361. Helfman, Tara. “The Court of Vice Admiralty at Sierra Leone and the Abolition of the West African Slave Trade.” Yale Law Journal 115.5 (2006): 1122–1156.
  362. DOI: 10.2307/20455647Save Citation »Export Citation »E-mail Citation »
  363. In this paper, American jurist Tara Helfman discusses the endeavors of a court of vice admiralty in Freetown to suppress the slave trade. Helfman portrays these endeavors as an “experiment in humanitarian intervention” through judicial policies. She provides a description of the historical context of the Louis case and discusses how this judicial policy influenced the position of states still involved in the slave trade.
  364. Find this resource:
  365. Kissinger, Henry. A World Restored: Metternich, Castlereagh and the Problems of Peace, 1812–1822. London: Phoenix, 2000.
  366. Save Citation »Export Citation »E-mail Citation »
  367. In a revolutionary international order, Henry Kissinger argues, the basic conditions for stability and efficacious diplomacy do not exist. Kissinger examines how, after the defeat of Napoleon, international order was restored ascribing a central role to Klemens von Metternich and British foreign secretary Lord Castlereagh. Biographical chapters on Metternich and Castlereagh are followed by a chronological narrative of international affairs from 1813 to 1822. Originally published in 1957.
  368. Find this resource:
  369. Lutz Kern, Holger. “Strategies of Legal Change: Great Britain, International Law, and the Abolition of the Transatlantic Slave Trade.” Journal of the History of International Law 6.2 (2004): 233–258.
  370. DOI: 10.1163/1571805042782073Save Citation »Export Citation »E-mail Citation »
  371. Historian of international affairs Holger Lutz Kern offers an analysis of the impact of the law of nations on British efforts to suppress the slave trade. The author describes the legal means Britain used to circumvent the protection ships derived from international law, diplomatic attempts to force foreign powers into treaties granting the Royal Navy the right of search, and cases before British courts in which international law was upheld contrary to government policy.
  372. Find this resource:
  373. Mösslang, Markus, and Torsten Riotte, eds. The Diplomats’ World: A Cultural History of Diplomacy, 1815–1914. Oxford: Oxford University Press, 2008.
  374. Save Citation »Export Citation »E-mail Citation »
  375. This volume contains the proceedings of a conference at the German Historical Institute in London that aimed at adopting a new take on diplomatic history following the turn to culture in political history. The papers share an emphasis on diplomatic culture that makes this volume one of the best sources on etiquette, protocol, and other norms on how to conduct diplomacy in practice in the 19th century.
  376. Find this resource:
  377. Schulz, Matthias. Normen und Praxis: Das europäische Konzert der Groβmächte als Sicherheitsrat, 1815–1860. Munich: Oldenbourg, 2009.
  378. Save Citation »Export Citation »E-mail Citation »
  379. German historian Matthias Schulz combines theoretical insides from social and international relations theory with thorough historical knowledge to provide a narrative of the emergence and functioning of the Concert of Europe in which norms and practice are discussed in relation to one another. Schulz scrutinizes the increasing role of collective action by the directorate of great powers and of normative notions in 19th-century international society.
  380. Find this resource:
  381. Simpson, Gerry. Great Powers and Outlaw States: Unequal Sovereigns in the International Legal Order. Cambridge, UK: Cambridge University Press, 2004.
  382. DOI: 10.1017/CBO9780511494185Save Citation »Export Citation »E-mail Citation »
  383. British international lawyer Gerry Simpson challenges the view that the principle of equality has held sway in the sphere of the law of nations since the end of the Napoleonic Wars. Simpson argues that international law has always accepted certain exceptions to the equality of sovereign states either in the form of legalized hegemony or in the form of exclusion of states that do not live up to substantive conditions of full membership.
  384. Find this resource:
  385. Wheaton, Henry. Enquiry into the Validity of the British Claim to a Right of Visitation and Search of American Vessels Suspected to Be Engaged into the African Slave Trade. London: John Miller, 1842.
  386. Save Citation »Export Citation »E-mail Citation »
  387. Treatise in which the American diplomat and international law specialist Henry Wheaton took a position in the dispute between Britain and the United States over the right to visit a vessel on the high seas to establish its nationality.
  388. Find this resource:
  389. The Concert in Shatters, 1848–1870
  390.  
  391. Vienna’s stress on legitimacy subdued the continuing currents of liberal and nationalist sentiments. The Restoration had put dynastic monarchs back in power and, in doing so, establishing in Europe a more homogeneously monarchical political arrangement than ever before, but it had not wiped out ideas and sentiments bent on reform. Vienna’s take on legitimacy would be challenged by liberal democratic and nationalist feelings time and again (see Baumgart 1999). Initially, the continental great powers managed to suppress revolts through interventions, but the political situation in various countries grew harder to control as time went on. The year 1848 witnessed a new eruption of revolutions all over Europe, which heralded the end of the Concert system. However, with some exceptions on the basis of great power consensus, the map of Europe drawn at Vienna survived the waves of revolts and uprisings of the 1830s and 1840s. Monarchical solidarity and concerns for the European balance had kept the great powers together, but they were increasingly driven apart by the growing issue centering on the fate of the Ottoman Empire. Once an existential threat to Latin Christianity, the Ottoman Empire had been on the decline throughout the 18th century, and, by the 19th, it became ever clearer that its disintegration was imminent (see Finkel 2006). This “Eastern Question” was an issue that could not be solved within the framework or spirit of the Vienna settlement. French emperor Napoleon III (b. 1808–d. 1873) exploited the Eastern Question to isolate and challenge Russia. He provoked a diplomatic crisis from which the Crimean War (1853–1856) ensued (see Figes 2010). Peace was concluded in Paris on 30 March 1856 (see Baumgart 1972, Temperley 1932). Meanwhile, the notion of humanitarian intervention came to the fore, especially as public opinion in the Western democracies called for intervention on behalf of Christian minorities in the Ottoman Empire. Throughout the 19th century, Western powers engaged in armed intervention in the Ottoman Empire several times (see Bass 2008, Simms and Trim 2011). The 1848 revolutions and the Crimean War dealt a final blow to the great power concert (see Baumgart 1999). Fears of war and of social collapse that had drawn the great powers together were temporarily dispelled, launching a period of great power rivalry that would last for about fifteen years and would result in fundamental changes to the map of Europe. In place of cooperating to uphold the existing order, several great powers provoked crisis and exploited problems in small states to secure political and territorial advantages. The resulting instability and flexibility of the next two decades allowed for the gradual destruction of the Vienna settlement, resulting, most significantly, in the unification of Italy and Germany (for Germany, see Clark 2006).
  392.  
  393. Bass, Gary J. Freedom’s Battle: The Origins of Humanitarian Intervention. New York: Knopf, 2008.
  394. Save Citation »Export Citation »E-mail Citation »
  395. American political scientist Gary J. Bass shows that humanitarian intervention is not a new phenomenon but that interventions such as France’s intervention in Syria were part and parcel of international politics of the 19th century. He asserts that this was not an expression of imperialism, but the result of independent influences on foreign policies of Europe’s great powers.
  396. Find this resource:
  397. Baumgart, Winfried. Der Friede von Paris 1856: Studien zum Verhältnis von Kriegsführung, Politik und Friedensbewahrung. Munich: Oldenbourg, 1972.
  398. Save Citation »Export Citation »E-mail Citation »
  399. This book by German historian Winfried Baumgart provides one of the most comprehensive and elaborate accounts of the 1856 Peace of Paris. Baumgart discusses the road to the peace conference. Subsequently, he examines the course of negotiations with respect both to procedures and to substance, with a special section on issues relating to the law of nations, as well as the outcome of peace negotiations.
  400. Find this resource:
  401. Baumgart, Winfried. Europäisches Konzert und nationale Bewegung: Internationale Beziehungen, 1830–1878. Handbuch der Geschichte der Internationalen Beziehungen 6. Paderborn, Germany: Schöningh, 1999.
  402. Save Citation »Export Citation »E-mail Citation »
  403. German historian Baumgart provides a general overview of international relations between the 1830 revolutions and the 1878 Congress of Berlin. In the first part, he discusses the major driving forces of international relations, the institutions that were involved in international relations, and the principles on which great powers based their mutual relations. Part 2 analyzes the major tenets in the foreign policies of the five great powers, while Part 3 addresses their mutual relations.
  404. Find this resource:
  405. Clark, Christopher. Iron Kingdom: The Rise and Downfall of Prussia, 1600–1947. Cambridge, MA: Harvard University Press, 2006.
  406. Save Citation »Export Citation »E-mail Citation »
  407. The literature on the unification of Germany is vast. A recent book is this political history of Prussia by British historian Christopher Clark. Clark discusses the creation of the unified German state from the perspective of Prussia, the German power that eventually took the lead in the process of unification.
  408. Find this resource:
  409. Figes, Orlando. Crimea: The Last Crusade. London: Allen Lane, 2010.
  410. Save Citation »Export Citation »E-mail Citation »
  411. British historian Orlando Figes provides a vivid narrative of the Crimean War. Figes not only addresses military and political events, but also elaborates on the war’s impact on the population of the Crimea. In lieu of presenting a narrow focus on three years of war, Figes also discusses the run-up to the war, the Eastern Question, and the new order designed in Paris at the end of the war.
  412. Find this resource:
  413. Finkel, Caroline. Osman’s Dream, History of the Ottoman Empire, 1300–1923. New York: Basic Books, 2006.
  414. Save Citation »Export Citation »E-mail Citation »
  415. British historian Caroline Finkel offers a comprehensive history of the Ottoman Empire from its early beginnings to the creation of the Turkish Republic. The chapters on the 19th century address the Ottoman Empire’s external relations with respect to the de facto separation of Egypt, Greek independence, turmoil in the Balkans, the Crimean War, and other topics.
  416. Find this resource:
  417. Simms, Brendan, and David Trim, eds. Humanitarian Intervention: A History. Cambridge, UK: Cambridge University Press, 2011.
  418. DOI: 10.1017/CBO9780511921292Save Citation »Export Citation »E-mail Citation »
  419. While present-day jurists seem to regard humanitarian intervention as a novel phenomenon, Brendan Simms and David Trim offer a book in which the history of humanitarian intervention is traced back to the beginning of early modernity. The volume contains papers on Edmund Burke’s pleas for intervening in the French Revolution, various interventions by European powers in the Ottoman Empire, and British interventions in Africa to suppress the slave trade.
  420. Find this resource:
  421. Temperley, Harold. “The Treaty of Paris of 1856 and Its Execution.” Journal of Modern History 4.4 (1932): 523–543.
  422. DOI: 10.1086/235940Save Citation »Export Citation »E-mail Citation »
  423. British historian Harold Temperley discusses the peace treaty that ended the Crimean War in 1856. Temperley points out the interplay among interests, power differences, and legal obligations as part of the great power diplomatic games of which the Ottoman Empire was the object.
  424. Find this resource:
  425. International Legal Scholarship
  426.  
  427. In the course of the 19th century, the study of the law of nations evolved into an academic discipline of truly and distinctly legal scholarship. Stress was placed on the discipline’s autonomy vis-à-vis philosophy, natural law, and politics. Lawyers began to dominate the field. At universities, chairs in the law of nature and nations, often in faculties of philosophy, were replaced by chairs in international law in law schools. Many textbooks were published. The methodology of the study of the law of nations became more legal and scientific. The 19th century is the heyday of legal positivism, and international law did not escape that dominance. Especially on the European Continent rational natural law was put aside in favor of positivism and voluntarism. French revolutionaries had invoked natural law to justify their reforms and their challenges to international legal rights and obligations. Natural law was, therefore, identified with revolution, and, thus, it became an easy prey to counterrevolutionaries. They turned to positive law, instead, as a kind of law based in custom and on the consent of states, one that had developed gradually. Strikingly, continental liberals hardly resisted the trend. International law based on consent perfectly fitted into their discourse of the popular will as a source of law. With legal positivism flourishing, scholars were forced to redefine the law of nations. Continental international legal theory set out to find new foundations for the law of nations detached from the old natural law foundations. The absence of a superior legislator in the international sphere constituted a challenge to a concept of law based on the sovereign will. Several solutions were suggested. Johann Casper Bluntschli (b. 1808–d. 1881) assigned the task to codify international law to international legal scholarship, which was to draw on a shared legal consciousness. To Georg Wilhelm Friedrich Hegel (b. 1770–d. 1831) and his followers, international law constituted an externalization of the law-making power of the state, and thus it could be conceived of as “external state law.” Some scholars, the most famous British scholar John Austin (b. 1790–d. 1859), even denied that international law actually constituted law based on an in extremo conception of sovereignty. Conversely, Anglo-American scholarship, despite some exceptions, held on to Enlightenment natural law under the influence of Vattel and Christian morality. Anglo-American doctrine was also closer to the common law tradition, which influenced the scholarly approach to international law in a way different from the civil law tradition on the Continent.
  428.  
  429. Textbooks
  430.  
  431. New editions of Vattel’s Droit des gens appeared on a regular basis during the early 19th century. Likewise, the works of Hugo Grotius, Cornelis van Bynkershoek, Jean-Jacques Burlamaqui, and several others were republished, albeit less frequently. In addition, comprehensive textbooks on the law of nations—increasingly applying the new denomination “international law”— started to thrive. Germans and Americans stand out as the most productive, but the phenomenon of textbooks appearing on international law surfaced everywhere in the Western world from Russia to Chile. This subsection provides an overview of the main textbooks. The first editions of the textbooks are mentioned here unless the first edition was published prior to 1789. These may not be the editions that can be accessed most easily, but later editions are often revised, which means they do not constitute the proper historical source in seeking to access the author’s mind at the time. If later editions are available, that fact is occasionally mentioned in the annotations. This section is heavily indebted to the paper by Peter Macalister-Smith and Joachim Schwietzke (Macalister-Smith and Schwietzke 2001, cited under Study of the Law of Nations), which can also be used to find later editions. As to accessibility, entering author and title in, for instance, at Google Books online will deliver any or several editions of some of these works. Researchers can draw on whatever edition the nearest library has or whatever edition is available as a reprint or republication. Again entering author and title in a library search engine or the search option of an online bookshop is an excellent way to find these works.
  432.  
  433. German-Speaking Countries
  434.  
  435. Scholars from German-speaking countries were particularly productive in writing textbooks on the law of nations in the period under scrutiny here. They bear witness to the dominant trends in the field. Göttingen law professor and diplomat Georg Friedrich von Martens wrote probably the most authoritative textbook in the field throughout the early 19th century (perhaps after Vattel’s Droit des gens) and his work testifies to a turn away from philosophical reasoning toward a focus on state practice (Martens 1789). Later German or Swiss textbooks show a transition in German international legal scholarship from naturalism to positivism. The older scholars, who had completed their legal training prior to the revolutionary era, still incorporated natural law in their work. Theodore Schmalz was a German legal scholar and cameralist who served as professor at the University of Halle and later Berlin. He was one of the first German jurists to apply Immanuel Kant’s moral and legal philosophy to jurisprudence (Schmalz 1817). The German law professor Johann Ludwig Klüber, best known for his historical account of the Vienna conference, belonged to this category as well (Klüber 1819). Younger scholars—the “next generation,” if you will—turned to positivism (Saalfeld 1833, Heffter 1844, Bulmerincq 1858, and Bluntschli 1868). German jurist and specialist in the law of the sea and maritime warfare Carl Kaltenborn von Stachau’s Kritik des Völkerrechts constitutes not a textbook in international law but rather a critical historical analysis of international law literature (Stachau 1847).
  436.  
  437. Bluntschli, Johann Caspar. Das moderne Völkerrecht der civilisirten Staaten, als Rechtsbuch dargestellt. Nördlingen, Germany: Adamant Media Corporation, 1868.
  438. Save Citation »Export Citation »E-mail Citation »
  439. This textbook constitutes the attempt made by Swiss jurist Johann Caspar Bluntschli to present the law of nations in a systematic way in the form of a legal code. The book went through several new editions and translations, including into Chinese and Korean.
  440. Find this resource:
  441. Bulmerincq, August von. Systematik des Völkerrechts. Dorpat, Russia: Karow, 1858.
  442. Save Citation »Export Citation »E-mail Citation »
  443. August von Bulmerincq was an Estonian jurist with German roots who worked as law professor in Tartu and later in Heidelberg. He was one of the most prominent positivist international legal scholars of the mid-19th century. His textbook on the law of nations bears witness to his strong emphasis on the separation of law and politics and of positive law and legal philosophy.
  444. Find this resource:
  445. Heffter, August Wilhelm. Das europäische Völkerrecht der Gegenwart auf den bisherigen Grundlagen. Berlin: H. W. Müller, 1844.
  446. Save Citation »Export Citation »E-mail Citation »
  447. German judge and Berlin professor of Roman law August Wilhelm Heffter published one of the best-known international law textbooks of the 19th century. His textbook was translated into various languages, including Spanish, Russian, and Polish. Heffter’s textbook stands out as an example of a volume that reflects the positivist tradition, and he makes use of many concepts taken from private law.
  448. Find this resource:
  449. Klüber, Johann Ludwig. Droit des gens moderne de l’Europe. Stuttgart: Cotta, 1819.
  450. Save Citation »Export Citation »E-mail Citation »
  451. Johann Ludwig Klüber published his textbook on the law of nations first in French and then, two years later, in German (Europäisches Völkerrecht [Stuttgart: Cotta, 1821]). Klüber uses natural law as the theoretical basis of the law of nations.
  452. Find this resource:
  453. Martens, Georg Friedrich von. Précis du droit des gens moderne de l’Europe fondé sur les traités et l’usage. Göttingen, Germany: Guillaumin, 1789.
  454. Save Citation »Export Citation »E-mail Citation »
  455. This article starts in 1789 in covering the early 19th century because of the French Revolution. But it might as well have taken 1789 as its point of departure because Martens published the French translation of his comprehensive and systematic textbook on the law of nations in that year(a Latin version had been published four years earlier). His Précis went through several new editions and was translated into English (1795) and German (1796).
  456. Find this resource:
  457. Saalfeld, Friedrich. Handbuch des positiven Völkerrechts. Tübingen, Germany: Habel, 1833.
  458. Save Citation »Export Citation »E-mail Citation »
  459. This textbook by Göttingen law professor Friedrich Saalfeld is one of the scholarly works that marks the turn to positivism in German international legal scholarship once a generation of jurists not trained prior to the French Revolution had come of age.
  460. Find this resource:
  461. Schmalz, Theodore Anton Heinrich. Das europäische Völkerrecht. Berlin: Kisak Tamai, 1817.
  462. Save Citation »Export Citation »E-mail Citation »
  463. Schmalz’s textbook on the law of nations reflects the lingering influence on the author of naturalism. It was translated into French and Italian. Besides a discussion of the theory and history of the law of nations, the introduction also contains reflections on how to approach the law of nations in a scholarly fashion.
  464. Find this resource:
  465. Stachau, Carl Kaltenborn von. Kritik des Völkerrechts nach dem jetzigen Standpunkte der Wissenschaft. Leipzig: Mayer, 1847.
  466. Save Citation »Export Citation »E-mail Citation »
  467. In this book, Kaltenborn von Stachau provides a historical analysis of literature on the law of nations starting with Gentili and Grotius and examines directions in legal theory after Grotius with a focus on positivist international legal scholarship and the philosophy of international law. The book continues with discussions of sources, principles of the law of nations, and reflections on systems used to present international law.
  468. Find this resource:
  469. United Kingdom
  470.  
  471. Legal scholars from the United Kingdom followed the example of their German and American colleagues from the mid-century onward, beginning with Manning 1839. As might be expected from scholars schooled in a common law tradition, they stand out in their use of court decisions (e.g., Wildman 1849–1850). British textbooks, e.g., those by jurist and law professor Sir Travers Twiss and by Sir Robert Phillimore, a judge, also parallel the continental tendency toward positivism (Phillimore 1854–1861, Twiss 1861–1863).
  472.  
  473. Manning, William Oke. Commentaries on the Law of Nations. London: H. Sweet, 1839.
  474. Save Citation »Export Citation »E-mail Citation »
  475. The first comprehensive textbook on the law of nations published by an English jurist. The book combines a survey of classical and contemporary authors with an examination of state practice. While the author addresses foundations of the law of nations, sovereignty rights, treaties, and diplomatic relations, about 70 percent of the book deals with the laws of war.
  476. Find this resource:
  477. Phillimore, Robert. Commentaries upon International Law. 4 vols. London: Benning, 1854–1861.
  478. Save Citation »Export Citation »E-mail Citation »
  479. Phillimore published a three-volume textbook covering all the familiar themes of the law of nations. Despite some contrary reflections in the early chapters and partly due to Phillimore’s adherence to a common law style of legal reasoning and method, the law of nations is treated from a positivist perspective with great attention given to issues and questions arising in legal and diplomatic practice. The fourth volume covers international private law.
  480. Find this resource:
  481. Twiss, Travers. The Law of Nations Considered as Independent Political Communities. London: Clarendon, 1861–1863.
  482. Save Citation »Export Citation »E-mail Citation »
  483. In this two-volume work, Travers Twiss set out to systematically present rules of conduct in international relations that actually obtained deprived of “theories of international ethics.” The first part covers the law of nations during peacetime and the second part the law of nations during time of war.
  484. Find this resource:
  485. Wildman, Richard. Institutes of International Law: International Rights in Time of Peace. 2 vols. London: Benning, 1849–1850.
  486. Save Citation »Export Citation »E-mail Citation »
  487. A textbook that contains many references to decisions of the British courts with respect to international law.
  488. Find this resource:
  489. United States
  490.  
  491. American international legal scholars stand second to the Germans in producing textbooks on the law of nations in the early 19th century. Kent 1826–1830 is an early example. It is not a textbook on the law of nations but rather a textbook on American common law in general, and the law of nations is discussed extensively in connection to American common law. In 1836, American lawyer and judge Henry Wheaton, at the time US envoy to Prussia, published one of the most influential and most read American textbooks on the law of nations written in the 19th century (Wheaton 1836). Contrary to European scholarship, American jurists were more inclined to hold on to natural law approaches and foundations to the law of nations (e.g., Gardner 1844 and Gardner 1860), while they shared with their British counterparts the tendency to pay close attention to court decisions (Woolsey 1860, Halleck 1861).
  492.  
  493. Gardner, Daniel. A Treatise on International Law and a Short Explanation of the Jurisdiction and Duty of the Government of the Republic of the United States. Troy, NY: Press of N. Tuttle, 1844.
  494. Save Citation »Export Citation »E-mail Citation »
  495. In this book, American attorney Daniel Gardner holds forth on embedding international law again in natural law and divine revelation. In the second part of the book, Gardner takes a less theoretical stand and examines the powers of the US federal government pursuant to constitutional law, e.g., in respect to relations with the Indian tribes.
  496. Find this resource:
  497. Gardner, Daniel. Institutes of International Law, Public and Private, as Settled by the Supreme Court of the United States, and by Our Republic. Buffalo, NY: W. S. Hein, 1860.
  498. Save Citation »Export Citation »E-mail Citation »
  499. Written fifteen years after Gardner 1844, Daniel Gardner published this more comprehensive textbook that gives a systematic account of both public and private international law and that makes frequent use of court decisions.
  500. Find this resource:
  501. Halleck, Henry Wager. International Law; or Rules Regulating the Intercourse of States in Peace and War. San Francisco: H. H. Bancroft, 1861.
  502. Save Citation »Export Citation »E-mail Citation »
  503. Based on his experience as a staff officer during the American-Mexican war, Major General Henry Wager Halleck wrote this treatise designed to be used in practice to provide military officers, in particular, with an instrument to answer legal questions arising in the field.
  504. Find this resource:
  505. Kent, James. Commentaries on American Law. New York: O. Halsted, 1826–1830.
  506. Save Citation »Export Citation »E-mail Citation »
  507. American jurist James Kent published his four-volume Commentaries on American Law in the late 1820s based on his lectures at Columbia University. While mainly an account of American law and an effort to systematize it, Kent dedicates the first two hundred pages to the law of nations and connects it to American common law.
  508. Find this resource:
  509. Wheaton, Henry. Elements of International Law. London: Stevens, 1836.
  510. Save Citation »Export Citation »E-mail Citation »
  511. Wheaton’s textbook went through up to eight editions between 1836 and 1866 and was, for instance, the first complete Western textbook on international law to be translated into Chinese. Wheaton takes an eclectic approach in a work noticeably influenced by the common law tradition and some from German jurisprudence, while holding on to a certain degree to a naturalist concept of international law as consisting of rules that could be deduced by reason.
  512. Find this resource:
  513. Woolsey, Theodore Dwight. Introduction to the Study of International Law. Boston and Cambridge, UK: James Munroe, 1860.
  514. Save Citation »Export Citation »E-mail Citation »
  515. Yale professor Theodore Woolsey published this textbook after years of teaching international law, and it is designed to be used for educational purposes. Woolsey frequently refers to state papers and American and British court decisions.
  516. Find this resource:
  517. France
  518.  
  519. French international legal scholarship lagged behind that produced in Germany and the Anglo-American nations in the early 19th century. Two works are worth mentioning. Both are works by diplomats that relate the law of nations to other themes of interest to diplomacy and, as such, they remain more within the 17th- and 18th-centuries tradition of books on the law of nations. French diplomat Gérard de Rayneval spent part of his time after his forced retirement from the diplomatic service due to the French Revolution writing a comprehensive book on the law of nations in which he combines his experience as a diplomat with his knowledge of scholarly works (Rayneval 1803). Half a century later, the French diplomat Guillaume de Garden undertook a similar endeavor (Garden 1853).
  520.  
  521. Garden, Guillaume de. Code diplomatique de l’Europe, ou principes et maximes du droit des gens moderne. Paris: Tom, 1853.
  522. Save Citation »Export Citation »E-mail Citation »
  523. Guillaume de Garden set out to publish a four-volume work on European diplomacy and the law of nations. Only the first volume was published. It contains a general exposition of the meaning and character of the law of nations and diplomacy, a history of European diplomacy, and some reflections on the role of historical knowledge in the training of diplomats.
  524. Find this resource:
  525. Rayneval, Joseph-Mathias Gérard de. Institutions du droit de la nature et des gens. Paris: Leblanc, 1803.
  526. Save Citation »Export Citation »E-mail Citation »
  527. Rayneval’s Institutions still stands in the 18th-century tradition of international legal scholarship in which specific legal norms are discussed together with philosophical reflections and political and social theory. The book went through a third edition in 1832 and at least one translation into Spanish.
  528. Find this resource:
  529. Italy
  530.  
  531. By the mid-19th century, Italian scholarship began to catch up with that produced in Germany, Britain, and the United States. An early example is Casanova 1858. The most influential 19th-century Italian textbook on international public law was published by Pasquale Fiore, who was law professor at the universities of Urbino, Pisa, Turin, and Naples (Fiore 1865).Another textbook worth mentioning is Amari 1866 by Giuseppe Carnazza Amari, a politician and jurist and professor of international law at the University of Catania.
  532.  
  533. Amari, Giuseppe Carnazza. Elementi di diritto internazionale. Catania, Italy: Crispo e Russo, 1866.
  534. Save Citation »Export Citation »E-mail Citation »
  535. Giuseppe Carnazza Amari published his textbook in 1866. A second edition appeared in 1875 as Trattato sul diritto internazionale pubblico di pace. Some years later the book was translated into French.
  536. Find this resource:
  537. Casanova, Ludovico. Del diritto internazionale. Genoa: L. Lavagnino, 1858.
  538. Save Citation »Export Citation »E-mail Citation »
  539. Textbook on international law published by lawyer and legal scholar Ludovico Casanova, who, in 1848, was appointed professor of political economy and administrative, constitutional, and international public law at the University of Genoa.
  540. Find this resource:
  541. Fiore, Pasquale. Il nuovo diritto internazionale pubblico. Milan: Casa Editrice e Tipog. Degli Autori-Editori, 1865.
  542. Save Citation »Export Citation »E-mail Citation »
  543. Pasquale Fiore’s textbook went through several revised editions and was translated into French and Spanish. In the subtitle the author refers to international law as it is adjusted to the needs of modern civilization.
  544. Find this resource:
  545. Spain, Portugal, and Latin America
  546.  
  547. Textbooks published by Spanish and Portuguese scholars include Da Rosa Gama Lobo 1865 and Riquelme 1849. Legal scholars and jurists in the newly independent states of Latin America also started to write textbooks on the law of nations. These include Bello 1832 by the Venezuelan jurist Andrés Bello, who spent most of his working life in Chile, and Calvo 1868 by Carlos Calvo, who, in international law, is best known for the Calvo doctrine stating that foreign nationals have to bring disputes resulting from contracts before domestic courts of the state concerned instead of calling upon their own state to provide protection. Other textbooks from Latin America worth mentioning are Pando 1843 and Pérez Gomar 1864.
  548.  
  549. Bello, Andrés. Principios de derecho de jentes. Santiago, Chile: Librería de la señora Viuda de Calleja é Hijos, 1832.
  550. Save Citation »Export Citation »E-mail Citation »
  551. The first textbook on the law of nations from Latin America and one that would have a significant influence on later international legal scholarship in the region. For later editions published in 1844 and 1864 Bello changed the title to Principios de Derecho Internacional. The book was translated into French and republished in several Latin American countries.
  552. Find this resource:
  553. Calvo, Carlos. Derecho internacional teórico y práctico de Europa y América. Paris: D’Amyot, 1868.
  554. Save Citation »Export Citation »E-mail Citation »
  555. Calvo’s textbook was first published in Spanish but was widely spread in its French translation (Droit international théorique et pratique).
  556. Find this resource:
  557. da Rosa Gama Lobo, Antonio. Principios de direito internacional. Lisbon: Imprensa Nacional, 1865.
  558. Save Citation »Export Citation »E-mail Citation »
  559. An early, and perhaps the first, textbook on principles of international law published in Portugal.
  560. Find this resource:
  561. Pando, José Maria. Elementos de derecho internacional. Madrid: J. Martin Alegria, 1843.
  562. Save Citation »Export Citation »E-mail Citation »
  563. This textbook by the Peruvian jurist José Maria Pando was strongly influenced by the work of Andrés Bello.
  564. Find this resource:
  565. Pérez Gomar, Gregorio. Curso elemental de derecho de gentes. Montevideo, Uruguay: Ministerio de Instrucción Públia y Previsión Social, 1864.
  566. Save Citation »Export Citation »E-mail Citation »
  567. Course material on the law of nations published by Gregorio Pérez Gomar, who later served as foreign secretary of Uruguay.
  568. Find this resource:
  569. Riquelme, Antonio. Elementos de derecho público internacional. Madrid: Don Pedro Vives, 1849.
  570. Save Citation »Export Citation »E-mail Citation »
  571. One of the first textbooks on international law published by a Spanish international legal scholar.
  572. Find this resource:
  573. Legal Theory
  574.  
  575. Although the 19th century is identified as a period that witnessed a turn from philosophical to more practice-oriented or positivist approaches to the law of nations, several political or legal theorists discussed the phenomenon of the law of nations. The British philosophers Jeremy Bentham (b. 1748–d. 1832) and James Mill (b. 1773–d. 1836) (Mill 1825) applied their utilitarianism to the field of study of “international law,” a term coined by Bentham (Bentham 1789 and Bentham 1838–1843). Somewhat more indirectly, the legal philosophy of Immanuel Kant (1724–1804) and Georg Wilhelm Friedrich Hegel served as the background to the work of many, especially German international legal scholars. In the first part of Kant 1797, the author applies principles developed in his Kritik der reinen Vernunft and Kritik der praktischen Vernunft to law. The book constitutes a search for general and imperative principles of law that can be derived from pure reason and examines to what extent these principles could be relevant to legal practice. Kant then proceeds to apply them to private and public law, the law of nations included. Kant takes liberty to be the fundamental human right and the principle that serves as the point of departure for law. In Hegel 1820, the influential Prussian philosopher brings together his views on legal philosophy, ethics, natural rights, and political theory in a systematic way in developing free will as a leading concept. Methodological developments within the field took place under the influence of the Historical School and Friedrich Carl von Savigny (b. 1779–d. 1861) in particular (see Savigny 1814). Especially in Germany, 19th-century international legal scholarship, which entailed taking a more scientific approach to the law of nations, was strongly influenced by the Historical School, which in the spirit of Romanticism eschewed rational natural law. Kant also reflected directly upon the international order, for example, by publishing a project for perpetual peace combining proposals for a federation of free nations with calls for representative government domestically and cosmopolitan rights worldwide (Kant 1795). This illustrious Prussian philosopher wrote his Zum ewigen Frieden (Towards Perpetual Peace) just after the conclusion of the Peace of Basel (5 April 1795) between France and Prussia. While opposing world government, Kant takes the Hobbesian argument further than Hobbes intended by contending that perpetual peace could be achieved only by establishing a federation of states based upon the law of nations. In addition, Kant stresses the need for a republican form of government in each state, formulating what later would be coined “democratic peace theory,” and for the need to augment the law of nations with a cosmopolitan right that entailed an obligation of extending general hospitality toward foreigners. Finally, legal theory did not just provide philosophical or methodological foundations for international law. It also was compelled to meet the challenge posed by John Austin’s concept of law and the consequences for international law’s law-like character stemming from the assertions made by this British jurist, who was one of the most prominent 19th-century “deniers” of international law (Austin 1832).
  576.  
  577. Austin, John. The Province of Jurisprudence Determined. Oxford: J. Murray, 1832.
  578. Save Citation »Export Citation »E-mail Citation »
  579. In this book, John Austin presents his positivist concept of law and a definition of jurisprudence. From a clear-cut command theory of law, Austin concludes that international law is not law in the proper sense at all but, rather, positive international morality at best. Available in a recent edition (Cambridge, UK: Cambridge University Press, 1995).
  580. Find this resource:
  581. Bentham, Jeremy. Introduction to the Principles of Morals and Legislation. Payne, 1789.
  582. Save Citation »Export Citation »E-mail Citation »
  583. In this book, Jeremy Bentham presents his utilitarian views on moral philosophy and discusses the role of law in this respect. The book provides the philosophical background for British international legal scholars writing in his spirit. Available in a recent edition (Oxford: Clarendon, 2009).
  584. Find this resource:
  585. Bentham, Jeremy. “‘Principles of International Law,’ 1789.” In The Works of Jeremy Bentham. Vol. 2. Edited by John Bowring, 535–560. Edinburgh: W. Tait, 1838–1843.
  586. Save Citation »Export Citation »E-mail Citation »
  587. Jeremy Bentham wrote several essays on international law in the 1780s. In the first essay, Bentham applies his utilitarianism to define international law and investigates what international law would be like according to principles of utility. The second essay considers what, according to the principle of utility, the scope of a sovereign’s jurisdiction should be. The third essay elaborates on war. The fourth essay offers “a plan for an universal and perpetual peace.”
  588. Find this resource:
  589. Hegel, Georg Wilhelm Friedrich. Grundlinien der Philosophie des Rechts, oder, Naturrecht und Staatswissenschaft im Grundrisse. Berlin: Duncker und Humblot, 1820.
  590. Save Citation »Export Citation »E-mail Citation »
  591. This book contains Hegel’s view of the state as an ethical idea as well as his conceptualization of international law and world history. International law is portrayed as external state law governing the relations between sovereign states and derived from a convergence of the wills of states. Available in a recent edition (Stuttgart: Reclam, 2009) and in English translation as Elements of the Philosophy of Right (Cambridge, UK: Cambridge University Press, 1991).
  592. Find this resource:
  593. Kant, Immanuel. Zum ewigen Frieden: Ein philosophischer Entwurf. Königsberg: Bey Friedrich Nicolovius, 1795.
  594. Save Citation »Export Citation »E-mail Citation »
  595. Kant wrote this pamphlet in the form of a peace treaty with preliminary and definitive articles of peace. The preliminary articles contain conditions such as eradicating standing armies, abandoning the practice of secret treaty clauses, and adopting a principle of nonintervention that would make peace possible. The definitive articles consider how humanity can leave the natural state of war. Available in a recent edition (Stuttgart: Reclam, 2012).
  596. Find this resource:
  597. Kant, Immanuel. Die Metaphysik der Sitten, I Metaphysische Anfangsgründe der Rechtslehre. Königsberg: F. Nicolovius, 1797.
  598. Save Citation »Export Citation »E-mail Citation »
  599. With respect to the law of nations, Kant further develops the views stated in Zum ewigen Frieden in his Die Metaphysik der Sitten, considering the necessity of the law of nations because of insecurity in a state without law, expressing the imperative character of a federation of nations as a path toward a state of law among nations, expounding principles to safeguard fundamental liberty, and, finally, discussing cosmopolitan right in terms of rules on how to treat foreigners. Available in a recent edition (Stuttgart: Reclam, 2011).
  600. Find this resource:
  601. Mill, James. “The Law of Nations.” In The Supplement to the Encyclopaedia Britannica. By James Mill. London: J. Innes, 1825.
  602. Save Citation »Export Citation »E-mail Citation »
  603. The Scottish historian and philosopher James Mill addressed one of the articles he wrote for the Encyclopaedia Britannica to the law of nations. In this article he approaches the law of nations from the perspective of utilitarianism. Available in a recent edition Gloucester, UK: Dodo Press, 2008).
  604. Find this resource:
  605. Savigny, Friedrich Carl von. Vom Beruf unsrer Zeit für Gesetzgebung und Rechtswissenschaft. Heidelberg, Germany: Thibaut und Savigny, 1814.
  606. Save Citation »Export Citation »E-mail Citation »
  607. Friedrich Carl von Savigny expressed his view on legal scholarship and methodology in his Vom Beruf unsrer Zeit. According to von Savigny, law is not the arbitrary creation of a legislator but entails normative convictions that are part of the legal consciousness of a nation and evolve in organic ways. It is the task of the legal scholar to represent this consciousness. Available in a recent edition (Frankfurt: Vico, 2009).
  608. Find this resource:
  609. Study of the Law of Nations
  610.  
  611. Considerable research has been undertaken on the study of the law of nations throughout the 19th century. Studies cover general overviews of scholarship, such as the bibliographical inventories of Peter Macalister-Smith and Joachim Schwietzke (Macalister-Smith and Schwietzke 2001) or investigations of the emergence of international law as an academic disciple or 19th-century legal principles in the international sphere (see Nuzzo and Vec 2012 and Vec 2008). Furthermore, several studies have been published on international legal scholarship in specific countries or regions of the world, often stressing the particularities of attitudes toward international law or even arguing that a distinct tradition can be identified (see Catellani 1933 for Italy, van Eysinga 1950 for the Netherlands, Gros Espiell 2001 for Latin America, and Janis 2010 for the United States).
  612.  
  613. Catellani, Enrico. “Les maîtres de l’école italienne du droit international au XIXe siècle.” Recueil des cours 46.4 (1933): 705–826.
  614. Save Citation »Export Citation »E-mail Citation »
  615. In these published lectures, held at the Hague Academy in 1933, Enrico Catellani discusses the particularities of Italian scholarly approaches to international law by elaborating on the work of the major international law professors of the time. He shows how they based their theories on the principle of nationality and returned to the work of Renaissance Italian jurists to reflect on the nature of international society.
  616. Find this resource:
  617. Gros Espiell, Hector. “La doctrine du droit international en Amérique Latine avant la première conférence panaméricaine.” Journal of the History of International Law 3.1 (2001): 1–17.
  618. DOI: 10.1163/15718050120956875Save Citation »Export Citation »E-mail Citation »
  619. Hector Gros Espiell discusses international legal doctrine in Latin America prior to the 1899 Pan-American Conference and examines to what extent this doctrine constituted a particular tradition. Gros Espiell describes how international legal scholarship emerged in Latin American countries after independence and how Latin American legal scholars gradually developed their own textbooks and course materials to replace the ones from Europe and the United States.
  620. Find this resource:
  621. Janis, Mark Weston. America and the Law of Nations, 1776–1939. Oxford: Oxford University Press, 2010.
  622. DOI: 10.1093/acprof:oso/9780199579341.001.0001Save Citation »Export Citation »E-mail Citation »
  623. Starting with the influence of Blackstone and Bentham, Mark Janis examines how international law was incorporated in American legal thought and practice throughout the 19th century, how expectations of international law increasingly became greater, and how Americans held on to naturalism or moralism in international law to a greater extent than their European counterparts. Originally published as The American Tradition of International Law: Great Expectations, 1789–1914 (Oxford: Clarendon, 2004). The 2010 edition is an expanded and revised work.
  624. Find this resource:
  625. Macalister-Smith, Peter, and Joachim Schwietzke. “Bibliography of the Textbooks and Comprehensive Treaties on Positive International Law of the 19th Century.” Journal of the History of International Law 3.1 (2001): 75–142.
  626. DOI: 10.1163/15718050120956901Save Citation »Export Citation »E-mail Citation »
  627. Peter Macalister-Smith and Joachim Schwietzke offer an extensive list of 19th-century textbooks and treatises that “contain comprehensive accounts of positive international law” with all editions ordered chronologically by country, region, or language. The introduction contains an analysis of the bibliographic record of writings in the 19th century on international law.
  628. Find this resource:
  629. Nuzzo, Luigi, and Miloš Vec, ed. Constructing International Law: The Birth of a Discipline. Studien zur europäischen Rechtsgeschichte 273. Frankfurt: Vittorio Klostermann, 2012.
  630. Save Citation »Export Citation »E-mail Citation »
  631. This volume contains the proceedings of a conference held in Lecce in 2009 on the emergence of international law as an academic discipline throughout the 19th century. The papers provide great insight in how the academic discipline of international law emerged and how it spread in relation to other academic disciplines and topical events.
  632. Find this resource:
  633. van Eysinga, Willem Jan Mari. Geschiedenis van de Nederlandsche Wetenschap van het Volkenrecht. Geschiedenis der Nederlandsche Rechtswetenschap 3.1. Amsterdam: Noord-Hollandsche Uitgevers Mij, 1950.
  634. Save Citation »Export Citation »E-mail Citation »
  635. Dutch international jurist and former judge at the Permanent Court of International Justice Willem van Eysinga provides an overview of the scholarly study of the law of nations in the Netherlands from Hugo Grotius onward. About one-third of the chapter covers the 19th century. Van Eysinga contends that the study of the law of nations in the Netherlands throughout the 19th century was strongly influenced by German scholarship.
  636. Find this resource:
  637. Vec, Miloš. “Erscheinungsformen und Funktionen von Rechtsprinzipien in der Völkerrechtswissenschaft des 19. Jahrhunderts.” In Akten des 36. Deutschen Rechtshistorikertages: Halle an der Saale, 10–14. September 2006. Edited by Rolf Lieberwirth and Heiner Lück, 445–463. Baden-Baden, Germany: Nomos, 2008.
  638. DOI: 10.5771/9783845209227Save Citation »Export Citation »E-mail Citation »
  639. In this paper, the German legal historian Miloš Vec discusses the functions of legal principles and the ways these principles manifested themselves in 19th-century international legal scholarship.
  640. Find this resource:
  641. Works on 19th-Century International Legal Scholars
  642.  
  643. In addition to more general works on the study of the law of nations and international legal theory in the 19th century, significant research has been conducted on 19th-century international legal scholarship and theory. In some cases the work of a specific international legal scholar has been studied on its own right, while in other cases the work of a particular scholar is used to examine general developments in scholarship and legal theory. Kant’s views on the law of nations and his scheme for perpetual peace has been discussed in works by several authors. Höffe 1995 is one of the most comprehensive available. For Jeremy Bentham, the work by Mark Janis (Janis 1984) can be recommended. Some older works are available on Georg Friedrich von Martens. Martti Koskenniemi has published on Martens more recently (Koskenniemi 2008). Koskenniemi argues that the ways we think about international law originate in late-18th-century and early-19th-century German public law. He portrays the rise of modern international law in the context of the emergence of a new form of normative speech to replace the old vocabulary of natural law, which had become the object of fierce criticism. Papers or books are also available on other 19th-century German jurists (Hueck 2004 on Heffter, Mälksoo 2005 on Bulmerinq, Röben 2002 on Bluntschli, and Röben 2003 on Bluntschli and Lieber).
  644.  
  645. Höffe, Otfried, ed. Immanuel Kant: Zum ewigen Frieden. Berlin: Akademie, 1995.
  646. Save Citation »Export Citation »E-mail Citation »
  647. In this volume, various philosophers analyze and comment upon parts of Kant’s pamphlet Towards Perpetual Peace. Together the contributions provide a comprehensive discussion of Kant’s views and their philosophical foundations from the concept of peace to the issue of federalism or world republic and from the international consequences of representative government to the notion of cosmopolitan right.
  648. Find this resource:
  649. Hueck, Ingo. “Pragmatism, Positivism and Hegelianism in the Nineteenth Century: August Wilhelm Heffter’s Notion of Public International Law.” In East Asian and European Perspectives on International Law. Edited by Michael Stolleis and Masaharu Yanagihara, 41–55. Studien zur Geschichte des Völkerrechts 7. Baden-Baden, Germany: Nomos, 2004.
  650. Save Citation »Export Citation »E-mail Citation »
  651. Ingo Hueck offers an analysis of how international legal theory developed in 19th-century Germany. Although addressing changes in international practice, Hueck argues that the decisive influence on the theory of international law came from developments in the academic field. Hueck uses the work of Berlin law professor August Wilhelm Heffter to illustrate the new ways of thinking about the law of nations in Germany and their influence abroad.
  652. Find this resource:
  653. Janis, Mark Weston. “Jeremy Bentham and the Fashioning of ‘International Law.’” American Journal of International Law 78 (1984): 405–418.
  654. Save Citation »Export Citation »E-mail Citation »
  655. In this paper, American legal scholar Mark Janis discusses Jeremy Bentham’s views on the law of nations. He argues that Bentham took issue with William Blackstone’s views and examines how Bentham introduced and defined the neologism “international law.” Furthermore, Janis analyzes the implications of Bentham’s equation of the law of nations and international law.
  656. Find this resource:
  657. Koskenniemi, Martti. “Into Positivism: Georg Friedrich von Martens, 1756–1821, and Modern International Law.” Constellations: An International Journal for Critical and Democratic Theory 15.2 (2008): 189–207.
  658. DOI: 10.1111/j.1467-8675.2008.00484.xSave Citation »Export Citation »E-mail Citation »
  659. By focusing on the work of Georg Friedrich von Martens, Koskenniemi addresses the transition in legal doctrine to international law as the law that establishes rules on how relations between European sovereigns were to be conducted and concludes that Martens’s form of positivism was a way to uphold the rule of law at the international level.
  660. Find this resource:
  661. Mälksoo, Lauri. “The Context of International Legal Arguments: ‘Positivist’ International Law Scholar August von Bulmerincq, 1822–1890, and His Concept of Politics.” Journal of the History of International Law 7.2 (2005): 181–209.
  662. DOI: 10.1163/157180505774763770Save Citation »Export Citation »E-mail Citation »
  663. Lauri Mälksoo discusses the politics behind August von Bulmerincq’s international legal arguments. Mälksoo shows how Bulmerincq’s views on asylum resulted from his position as a Lutheran in opposing the universalist claims of the Roman Catholic Church and that his discussion of the principle of nationality and national self-determination related to the status of the Baltic Sea provinces within the Russian Empire as well as the position of the unified German nation-state.
  664. Find this resource:
  665. Röben, Betsy Baker. “The Method behind Bluntschli’s ‘Modern’ International Law.” Journal of the History of International Law 4.2 (2002): 249–292.
  666. DOI: 10.1163/157180502401451123Save Citation »Export Citation »E-mail Citation »
  667. Betsy Röben discusses the new method that Bluntschli introduced to study international law. In an attempt to transcend the traditional opposition between natural law and positive law, Bluntschli formulated a philosophical-historical method with the aid of which the scholar can use the common legal consciousness founded in human nature as a benchmark to test whether norms are sufficiently mature to be accepted as binding.
  668. Find this resource:
  669. Röben, Betsy Baker. Johann Caspar Bluntschli, Francis Lieber und das moderne Völkerrecht, 1861–1881. Studien zur Geschichte des Völkerrechts 12. Baden-Baden, Germany: Nomos, 2003.
  670. Save Citation »Export Citation »E-mail Citation »
  671. Betsy Röben examines the theories of international law of Johann Caspar Bluntschli and Francis Lieber. Röben discusses how the two scholars exchanged views and influenced each other’s work. Röben argues that Bluntschli attempted to transcend the opposition between natural and positive law by embedding the law of nations in the legal consciousness of nations.
  672. Find this resource:
  673. Subjects of the Law of Nations
  674.  
  675. Despite the commonly held view that the Peace of Westphalia inaugurated the modern states system with the sovereign state as the dominant or even the exclusive unit type and, hence, the subject of the law of nations, the 18th-century European states system had not abandoned its heterogeneity in favor of a single unit type yet. Territories ruled by emperors and kings still could be found within the European order together with free cities and aristocratic republics, confederations or leagues thereof, orders of chivalry, bishops and abbots, princes, dukes, counts, imperial knights, and petty but nominally independent lords, while trading companies such as the East India Company were autonomous entities with rights and obligations under the law of nations. It was not until after the French Revolution and the Vienna conference that the sovereign state as an abstract entity came to the fore. In addition, the state was increasingly nationalized. At the same time, the state went global. Several independent states emerged in the Americas in gaining independence from Britain, France, Spain, or Portugal. These states would engage in international relations and would be gradually integrated into the diplomatic system. This section addresses both aspects of the 19th-century state as a subject of international law: the abstract state and the nation-state. Moreover, in the 19th century, conditions for belonging to the international community changed. The law of nations was deprived of its exclusively Christian or European character. Instead, a standard of civilization was introduced as the threshold for being recognized as a fully sovereign state to be admitted to the circle of full members of the international community. The final subsection addresses this aspect of 19th-century international life.
  676.  
  677. The Abstract State
  678.  
  679. The French Revolution is noteworthy in the international sphere for its breakthrough introduction of the notion of the abstract state as a territory-based entity with a legal personality (see Nijman 2004). The 18th-century “society of princes” had been put aside. In the decades before the French Revolution, signs had already emerged that the monarch was increasingly being replaced by “the state” as subject and actor. The treaties of the revolutionary era introduced the state itself as a treaty partner. In the course of the 19th century, moral value would be ascribed to the state in its own right, inter alia under the influence of the political philosophy of Georg Friedrich Wilhelm Hegel (see Avineri 1972). Definitions of the state emerged in international legal doctrine that remain familiar to present-day international lawyers (see Bluntschli 1852). Meanwhile, the European states went through decisive steps in the processes of internal state-building, administrative modernization, and redefinition of state-society relations that resulted in increased centralization and internal coherence, gradual democratization, and the growing capacity of the state to control, and intervene in, society (see van Creveld 2009, Mann 2012). The notion of the abstract state that emerged during the revolutionary era in conjunction with the abolition of the Holy Roman Empire in 1806 opened the way for full acceptance of the principle of sovereign equality. Whereas the European princes had been of widely divergent noble rank, the abstract notion of the “state” made it possible to regard all subjects equally. It also implied that, for the first time ever, the European order was virtually homogeneous. Almost all subjects of the law of nations were territorially demarcated entities with a legal personality and a central government that held supreme authority and that was subject to no higher authority than itself. The Napoleonic Wars did away with existing anomalies within the European state system and the Vienna conference confirmed this fact. This basic equality in the status of all states did not mean, however, that all states were equal in power. The 19th century was also a century in which the great powers assumed, and were partly granted, a special status to direct international affairs in concert and to maintain the Vienna order. Whether this status was solely a political one or also a legal one remains an issue of debate (see Simpson 2004, cited under Concert of Europe, 1815–1848).
  680.  
  681. Avineri, Shlomo. Hegel’s Theory of the Modern State. Cambridge, UK: Cambridge University Press, 1972.
  682. DOI: 10.1017/CBO9781139171441Save Citation »Export Citation »E-mail Citation »
  683. For those interested in Hegel’s concept of the state, this comprehensive commentary and discussion of the German philosopher’s political thought by Israeli political scientist Shlomo Avineri provides a good starting point. Avineri pays special attention to the connection between Hegel’s concept of the state and social problems of the time.
  684. Find this resource:
  685. Bluntschli, Johann Caspar. Allgemeines Staatsrecht. Munich: Verlag der Literarisch-Artistischen Anstalt, 1852.
  686. Save Citation »Export Citation »E-mail Citation »
  687. Besides examining the concept of the state centering on the combination of territory, people, and government that came to the fore in the 19th century and discussing the recognition of the state’s personality pursuant to the law of nations, Swiss law professor Johann Caspar Bluntschli addresses the relationship between the state and social structures, the purpose of the state, and sovereignty, among other topics.
  688. Find this resource:
  689. Mann, Michael. The Sources of Social Power. Vol. 2, The Rise of Classes and Nation-States, 1760–1914. Cambridge, UK: Cambridge University Press, 2012.
  690. Save Citation »Export Citation »E-mail Citation »
  691. In the second volume of his work on historical sociology, American sociologist Michael Mann examines ideological, economic, military, and political power relations primarily in Britain, France, Austria, Prussia/Germany, and the United States. He discusses the rise of the modern state, nationalism, and class conflict. The volume starts with a theoretical account of the modern state after which Mann proceeds with chapters that trace historical developments.
  692. Find this resource:
  693. Nijman, Janne E. The Concept of International Legal Personality: An Inquiry into the History and Theory of International Law. The Hague: T. M. C. Asser, 2004.
  694. DOI: 10.1007/978-90-6704-701-2Save Citation »Export Citation »E-mail Citation »
  695. Dutch international legal scholar Janne Nijman traces the origin of the concept of international legal personality to German philosopher Gottfried Wilhem Leibniz and follows its evolution to the present day. Before examining the views of late-19th-century and early-20th-century scholars, Nijman briefly addresses the subject of the personification of the state in international law in the 19th century.
  696. Find this resource:
  697. van Creveld, Martin. The Rise and Decline of the State. Cambridge, UK: Cambridge University Press, 2009.
  698. Save Citation »Export Citation »E-mail Citation »
  699. Various general accounts of the rise of the modern state are available. This volume by Israeli military historian Martin van Creveld is a good one to start with for those interested in the state in the 19th century, the transformation of the concept in Enlightenment and Romantic thought, and the state’s spread across the globe.
  700. Find this resource:
  701. The Nation-State
  702.  
  703. The 19th century is the age of the nation-state and the law of nations did not remain unaffected. Nationalism fundamentally divided mankind. The stress on the uniqueness of culturally defined communities together with the creation of an internal political “we” strengthened by democracy sustained the view of the state as an atomistic and autonomous entity. Nationalism made its most visible impact in serving as a cause of territorial change in Europe by provoking, or being used by, unification or separation movements in Germany, Italy, and Europe’s multinational, polyglot empires. The nation-state is an attempt to direct a sense of belonging and solidarity with others to the state. The nation was introduced in political discourse as a new source of legitimacy in a struggle against royal absolutism. Both the American Revolution and the French Revolution posed the claim of popular representation to legitimate the revolution and the new regimes that could not base their legitimacy on tradition (see Keitner 2007). On the other hand, rising tax levels and the introduction of conscription provided the need to increase the willingness of publics to cooperate with the government and to limit resistance to resources extraction (see Bobbitt 2003, Hobsbawm 2009). The claim of representation by politicians turned defining the nation and determining who is to speak on behalf of the people into political matters. The entire 19th century witnessed a struggle for defining national identity and membership both in theory and in practice and witnessed the introduction of policies to strengthen a sense of collective identity directed at the state (see Anderson 1991). The American and French Revolutions drew on a rationalist-liberal conception of the nation, or civic nationalism, in which state and nation are both defined as the political community of citizens (on a typology of nationalisms, see Baycroft and Hewitson 2006, Gellner 1983). Throughout the first half of the 19th century, nationalism remained in alliance with liberals in a common struggle against autocratic government. However, as the 19th century progressed, they parted company under the influence of Romanticism and diverging political aims. The rational-liberal concept of the nation was dropped in favor of the nation as a cultural or ethnic entity. The shift was strengthened as the state was used to counter the alienation induced among citizens by the growth of secularized, urbanized, and industrialized modern societies (see Baycroft and Hewitson 2006, Gellner 1983) and by the need to define the nation in a way detached from existing states in order to sustain the struggles for separation or unification, especially in Germany and Italy (see Bayly and Biagini 2008).
  704.  
  705. Anderson, Benedict. Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso, 1991.
  706. Save Citation »Export Citation »E-mail Citation »
  707. This book is one of the most insightful works on the phenomenon of nationalism and its rise. Anderson argues that the nation is an imagined community based in a national consciousness that is constituted in people’s minds by various means. He describes how this sense of identity spread throughout the 19th century and analyzes the processes that provided fertile ground for nationalism.
  708. Find this resource:
  709. Baycroft, Timothy, and Mark Hewitson, eds. What Is a Nation? Europe, 1789–1914. Oxford: Oxford University Press, 2006.
  710. Save Citation »Export Citation »E-mail Citation »
  711. With this volume the British historians Timothy Baycroft and Mark Hewitson set out to “reassess the history of modern nationalism.” The volume consists of four parts that each addresses a specific theme relating to nationhood and nationalism: the opposition between civic and ethnic nationalism, demos, culture, and state. The papers critically assess existing typologies as well as concepts related to nationalism.
  712. Find this resource:
  713. Bayly, Chris, and Eugenio Biagini, ed. Giuseppe Mazzini and the Globalisation of Democratic Nationalism, 1830–1920. Oxford: Oxford University Press, 2008.
  714. DOI: 10.5871/bacad/9780197264317.001.0001Save Citation »Export Citation »E-mail Citation »
  715. In this volume, various scholars consider the political thought of Giuseppe Mazzini, political thinker and prominent advocate of Italian unity, and his views on international relations with a special focus on the concept of the nation and democracy. Together these papers provide great insight into 19th-century views on the nation, nationalism, and their relationship with cosmopolitanism.
  716. Find this resource:
  717. Bobbitt, Philip. The Shield of Achilles: War, Peace, and the Course of History. New York: Knopf, 2003.
  718. Save Citation »Export Citation »E-mail Citation »
  719. American constitutional law scholar Philip Bobbitt asserts that international law depends on the particular constitutional order of each phase in the history of international order and is, thus, determined by constitutional law. The interplay among war, history, and law also determines what political institutions are deemed legitimate. For the 19th century, Bobbitt discusses the transition from state-nations to nation-states and the consequences for international law.
  720. Find this resource:
  721. Gellner, Ernst. Nations and Nationalism: New Perspectives of the Past. Ithaca, NY: Cornell University Press, 1983.
  722. Save Citation »Export Citation »E-mail Citation »
  723. This book by British social anthropologist Ernest Gellner is one of the most cited ones on the subject. Gellner discusses the social circumstances in which modern nationalism arose. He argues that national identity emerged in connection with industrial society, which, on the one hand, led to a degree of alienation to be filled with new senses of collective identity and, on the other hand, provided the means that made the rise of a collective national identity possible.
  724. Find this resource:
  725. Hobsbawm, Eric. Nations and Nationalism since 1780: Programme, Myth, Reality. 2d ed. Cambridge, UK: Cambridge University Press, 2009.
  726. Save Citation »Export Citation »E-mail Citation »
  727. Historian Eric Hobsbawm addresses the phenomenon of nationalism. He elaborates on notions of collective identity prior to the nation-state and the genesis of the modern nation-state. He discusses how governments used the concept of a nation to strengthen the coherence of their states and argues that, in the course of the 19th century, nationalism changed character from a political notion in which the nation encompassed all permanent residents of a state to the nation as a collective originating from cultural or ethnic primordial ties.
  728. Find this resource:
  729. Keitner, Chimène. The Paradoxes of Nationalism: The French Revolution and Its Meaning for Contemporary Nation Building. Albany: State University of New York Press, 2007.
  730. Save Citation »Export Citation »E-mail Citation »
  731. In this book, international relations scholar Chimène Keitner scrutinizes the historical origins of the nation-state and the principle of national self-determination. She provides an analysis in which political theory and history are combined in order to understand how the nation emerged as a political concept during the years of the French Revolution in combination with notions of self-government.
  732. Find this resource:
  733. Civilized Nations
  734.  
  735. In the 19th century, the society of states lost its exclusively European and Christian character by including non-European and non-Christian countries. The instrument of expansion was the concept of civilization that was introduced mainly by Britain and France against the Holy Alliance’s emphasis on Christianity (see Moras 1930). On the basis of European consciousness of cultural superiority, a standard of civilization was formulated to function as the gatekeeper for admission to the international legal community of civilized nations (see Bowden 2005), the core of civilization resting on the compliance with the organization model of the modern state. This concept was, at the same time, both inclusive and exclusive. Large parts of the world did not comply with the standard since, in European eyes, they remained insufficiently civilized. Consequently, they could not become full subjects of the law of nations and were, thus, excluded from the international legal community. The concept was inclusive because, due to the belief in progress, uncivilized nations could become civilized over time and could, thus, qualify for full membership. Henceforth, the notion of civilized nations evolved to include non-European and non-Christian countries. In the early 19th century, the new independent states of North America and South America were Christian, but, by the middle of the century, the society of states moved beyond religious definitions. In the 1856 Treaty of Paris, the Ottoman Empire was finally recognized as an actor with the right to fully participate in the European concert and to be entitled to the full advantages of the law of nations. Several Asian states followed in subsequent decades (see Gong 1984). The concept of civilization gradually became the core condition for recognition. In the first decades of the 19th century, the European concert made the formation of new states conditional on its consent, e.g., in the cases of Greece and Belgium. The Holy Alliance’s attempt to make recognition dependent on the principle of legitimacy was, however, undermined by decolonization in Latin America (see Gauland 1971). The requirement was superseded by the Anglo-American formal approach in which a declaration of independence and effective control by a stable government sufficed. In international legal doctrine, a debate emerged on whether recognition was constitutive or declaratory. Continental scholars largely supported the former while Anglo-American authors largely favored the latter. Through this debate, and in reaction to events in practice, the doctrine of recognition was further developed.
  736.  
  737. Bowden, Brett. “The Colonial Origins of International Law. European Expansion and the Classical Standard of Civilization.” Journal of the History of International Law 7.1 (2005): 1–24.
  738. DOI: 10.1163/1571805054545145Save Citation »Export Citation »E-mail Citation »
  739. In this paper, Australian scholar of politics and international studies Brett Bowden traces the origins of the “standard of civilization” and examines its “characteristics.” He argues that “the standard of civilization” is a phenomenon that manifested itself clearly throughout the 19th century, but it is actually much older in constituting part of the attitude with which Christian Europe confronted the rest of the world.
  740. Find this resource:
  741. Gauland, Alexander. Das Legitimitätsprinzip in der Staatenpraxis seit dem Wiener Kongress. Berlin: Berlin Duncker & Humblot, 1971.
  742. Save Citation »Export Citation »E-mail Citation »
  743. In this book, German jurist Alexander Gauland studies the influence of conservatism on international politics in the early 19th century with a focus on the role and position of the principle of legality in state practice after the Vienna conference.
  744. Find this resource:
  745. Gong, Gerrit Walter. The Standard of “Civilization” in International Society. Oxford: Clarendon, 1984.
  746. Save Citation »Export Citation »E-mail Citation »
  747. International relations scholar Gerrit Gong takes the English school’s view on international society to study the expansion of the European society of states on a global scale. Gong describes how the “standard of civilization” became the legal benchmark of both external behaviour and internal affairs in serving as the basis on which the admittance of non-European powers into the international society was decided.
  748. Find this resource:
  749. Moras, Joachim. Ursprung und Entwicklung des Begriffs der Zivilisation in Frankreich, 1756–1830. Hamburg, Germany: Seminar für Romanische Sprachen und Kultur, 1930.
  750. Save Citation »Export Citation »E-mail Citation »
  751. This book offers an analysis of how the notion of civilization emerged and was used in France from the mid-18th century onward.
  752. Find this resource:
Advertisement
Add Comment
Please, Sign In to add comment
Advertisement
Public Pastes
Advertisement
We use cookies for various purposes including analytics. By continuing to use Pastebin, you agree to our use of cookies as described in the Cookies Policy.  OK, I Understand
Not a member of Pastebin yet?
Sign Up, it unlocks many cool features!