International Law Peace Treaties
by
Randall Lesaffer
  • LAST REVIEWED: 02 November 2017
  • LAST MODIFIED: 28 March 2018
  • DOI: 10.1093/obo/9780199796953-0120

Introduction

For most of recorded history, peace treaties have been the common instrument of mankind to end war. As a historical phenomenon, peace treaties emerged independently from one another in all major ancient civilizations of the world. For the formation of the modern international law of peacemaking, the dominant strand is the European. Modern historiography has established a line of tradition of treaty-making and peacemaking that starts with the Ancient Near East and passes via classical Greece to the Roman Empire. Through the survival of Roman practices and the rediscovery of Roman law in the 11th century, essential features of this tradition were woven into the peace treaty practice and doctrine of medieval and early-modern Europe. In the context of colonization, European powers encountered other traditions and often had to adapt their own practices to local situations. However, in the 19th and early 20th centuries, European and Western powers imposed their forms and ways of peacemaking upon non-European peoples. In general, three categories of substantial peace treaty clauses can be distinguished. Firstly, there are the clauses that settle the disputes underlying the war. Secondly, there are the clauses that deal with the legal consequences of the war and put an end to the state of war. Thirdly, there are the clauses that regulate future, peaceful relations between the belligerents, such as commerce and navigation. Under this category, stipulations that are aimed at stabilizing the peace may be counted. European peace treaties from the 16th to the 19th centuries were particularly elaborate on the latter two issues, making them foremost historical sources for the jus post bellum of those centuries. Before the 19th century, hardly any multilateral peace treaties were made. Even at the great multilateral peace conferences of the Early Modern Age, peace was made through a set of bilateral peace treaties. Since the end of World War II (1945), and particularly since the end of the Cold War (1989), peace treaty practice has undergone fundamental changes. Under the modern jus contra bellum, the lines between state of war and state of peace have become blurred. Partly in consequence thereof, the traditional peace treaty has fallen into relative disuse. Moreover, as the vast majority of post–Cold War conflicts are either intra-state conflicts or are hybrid in nature (as they are both internal and international conflicts), peacemaking has become a drawn-out and multilayered process and has extended beyond the confines of traditional international law into human rights, constitutional law, and transitional justice. This new and expanding jus post bellum is given form through an ever more diverse arsenal of treaties and less formal agreements between state and non-state parties, as well as other instruments, such as UN Security Council Resolutions.

General Overviews

General surveys that cover the legal aspects of peacemaking and peace treaties for all periods and regions are lacking. These aspects include the status of treaty parties, the procedural aspects of treaty making, reflection upon the justice and legality of war in peace treaties, the legal settlement of the consequences of war and of the restoration of the state of peace, and the duration of peace, as well as measures to sustain the peace. There are a few studies that cover these questions for European and Western history. The major attempt at writing a general history of peace treaties to date is Fisch 1979. It covers treaty practice from antiquity to the 20th century but is limited to practice involving at least one European power inside and outside Europe for the period before the 20th century. It offers a diachronic comparison of the main characteristics of the legal concept of peace as it appears from peace treaties but does not go into concrete stipulations regarding rights and obligations of the treaty parties or their subjects. The same is true for the brief expositions of Steiger 2009 and Lesaffer 2012, which both focus on Europe in the Early Modern Age. Bell 2008 is the most extensive study of the transformation of peacemaking after the Cold War from a legal perspective. Stahn, et al. 2014 deals with the normative foundations of the new jus post bellum and its place in international law. Wright 1942 studies the art of peacemaking as part of a major discussion of war in its different aspects, including the legal dimension. Osiander 1994 offers the valuable contribution of an international relations theorist by examining the foundational values under the major European peace settlements from Westphalia to Versailles. The much-quoted work by another international relations student, Ikenberry 2001 is a restatement of the traditional liberal views on peace, democracy, and international institutions.

  • Bell, Christine. On the Law of Peace: Peace Agreements and the Lex Pacificatoria. Oxford: Oxford University Press, 2008.

    DOI: 10.1093/acprof:oso/9780199226832.001.0001Save Citation »Export Citation » Share Citation »

    The most complete and profound analysis of the radical change of peace agreements in the period since the end of the Cold War. Explains the consequences of the blurring of the lines between state of war and peace and the rise of intra-state and hybrid conflicts through the rise of a more complex and comprehensive jus post bellum.

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    • Fisch, Jörg. Krieg und Frieden im Friedensvertrag: Eine universalgeschichtliche Studie über die Grundlagen und Formelemente des Friedensschlüsses. Stuttgart: Klett-Cotta, 1979.

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      Analyzes peace as a legal concept through the perusal of peace treaties from antiquity to the 20th century. It focuses on attribution of guilt and amnesty, restoration of the state of peace, the duration of the peace, and the justifications of the conditions of the peace. In German.

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      • Ikenberry, G. John. After Victory: Institutions, Strategic Restraint and the Rebuilding of Order after Major Wars. Princeton, NJ: Princeton University Press, 2001.

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        Examines the conditions for sustainable peace by analyzing the settlements of 1815, 1919, 1945, and 1990, concluding that the combination of democracy and the institutionalization of international society under American leadership has been the most successful attempt at stabilizing peace so far.

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        • Lesaffer, Randall. “Peace Treaties and the Formation of International Law.” In The Oxford Handbook of the History of International Law. Edited by Bardo Fassbender and Anne Peters, 71–94. Oxford: Oxford University Press, 2012.

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          A brief survey of the European and Western history of peace treaty practice and doctrine from antiquity to the present, with a focus on the Early Modern Age. Discusses formal aspects of peace treaties such as parties and ratification, as well as major substantive clauses.

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          • Osiander, Andreas. The States System of Europe 1640–1990: Peacemaking and the Conditions of International Security. Oxford: Oxford University Press, 1994.

            DOI: 10.1093/acprof:oso/9780198278870.001.0001Save Citation »Export Citation » Share Citation »

            The work of an international relations scholar, the book is useful to students of peace treaties in the history of international law, as the author studies the foundational values and political consent under the great peace settlements from Westphalia to the end of the Cold War. Traces the role of the great powers in the management of peace in the name of the international community.

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            • Stahn, Carsten, Jennifer S. Easterday, and Jens Iverson, eds. Jus post Bellum: Mapping the Normative Foundations. Oxford: Oxford University Press, 2014.

              DOI: 10.1093/acprof:oso/9780199685899.001.0001Save Citation »Export Citation » Share Citation »

              Comprehensive analysis of jus post bellum. Discusses the historical and normative foundations of the expanding jus post bellum but also covers all branches and dimension of international law that are relevant to it.

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              • Steiger, Heinhard. “Friede in der Rechtsgeschichte.” In Von der Staatengesellschaft zur Weltrepublik? Aufsätze zur Geschichte des Völkerrecht aus vierzig Jahren. By Heinhard Steiger, 293–355. Studien zur Geschichte des Völkerrechts 22. Baden-Baden, Germany: Nomos Verlag, 2009.

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                Discusses the place and role of peace treaties in the political and legal order of medieval and early-modern Europe, with a brief reflection on the 19th and 20th centuries. Originally published in PAX: Beiträge zu Idee und Darstellung des Friedens. Edited by Wolfgang Augustyn, 11–62. Munich: Scaneg, 2003, ISBN: 9783892357070. In German.

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                • Wright, Quincy. A Study of War. 2 vols. Chicago: Chicago University Press, 1942.

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                  Classical study on war and peace in history in its different aspects, including the legal. Contains chapters on the making and stabilization of peace, and the legal framework thereto. List of treaties.

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                  Bibliographies

                  As there are no general collections of peace treaties, the best way to start is to refer to bibliographies of general treaty collections. The most recent and extensive bibliography of collections of treaties dating from before the 20th century is Macalister-Smith and Schwietzke 2002. Myers 1922 and List of Treaty Collections: Liste de recueils de traités; Lista de colecciones de tratados are useful complements for collections of treaties from the first half of the 20th century. Bibliographies of studies on peace treaties from a legal perspective do not exist, but there are two useful bibliographies on the history of international law. Macalister-Smith and Schwietzke 1999 is the most comprehensive bibliography on the history of international law in Europe before the 19th century and lists much historical jurisprudence and modern historiography, which discusses peacemaking as an aspect of international law. Macalister-Smith and Schwietzke 2001 quotes treatises of international law from the 19th century from all over the world; many of the treatises contain a few pages or a chapter on peace treaties. Duchhardt 1996 is a major bibliography of scholarly writings on the 1648 Peace of Westphalia.

                  • Duchhardt, Heinz, ed. Bibliographie zum Westfälischen Frieden. Schriftenreihe der Vereinigung zur Erforschung der Neueren Geschichte 26. Munster, Germany: Aschendorff, 1996.

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                    Massive bibliography of sources and historical scholarship on all aspects of the Westphalian Peace Treaties as well as the conference and its context.

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                    • List of Treaty Collections: Liste de recueils de traités; Lista de colecciones de tratados. UN Doc. ST/LEG/5. Moorestown, NJ: Symposia Press Reprint, 1981.

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                      Lists general treaty collections, collections of treaties per continent, and collections of treaties per subject matter—such as peace treaties—as well as national treaty collections. Covers treaties from all periods and all regions of the world. Brief annotations for every collection, with description of their content, availability of index, and language used. Includes a list of handbooks and major studies on historic treaties from, primarily, European history. Reprint. Originally published by the United Nations, New York, 1956.

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                      • Macalister-Smith, Peter, and Joachim Schwietzke. “Literature and Documentary Sources Relating to the History of Public International Law: A Bibliographic Survey.” Journal of the History of International Law 1 (1999): 136–212.

                        DOI: 10.1163/15718059920956724Save Citation »Export Citation » Share Citation »

                        The major bibliography on the history of international law in print. Covers the period from antiquity to the end of the 18th century but is largely limited to Europe. Lists major source editions and secondary literature.

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                        • Macalister-Smith, Peter, and Joachim Schwietzke. “Bibliography of the Textbooks and Comprehensive Treatise on Positive International Law of the 19th Century.” Journal of the History of International Law 3 (2001): 75–142.

                          DOI: 10.1163/15718050120956901Save Citation »Export Citation » Share Citation »

                          An extensive list of textbooks and general treatises of international law from the 19th century, arranged by country of origin. Many of these works include chapters on peace treaties and peacemaking.

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                          • Macalister-Smith, Peter, and Joachim Schwietzke. Treaties, Treaty Collections and Documents on Foreign Affairs: From Sun King Suppilulima I to the Hague Peace Conferences of 1899 and 1907; An Annotated Bibliography. Arbeitshefte der Arbeitsgemeinschaft für Juristisches Bibliotheks- und Dokumentationswesen 21. Berlin and Munich: Gerhard Weinert, 2002.

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                            An extensive list of collections of treaties dating from antiquity to the beginning of the 20th century from all regions of the world. Also lists major scholarly studies on peace treaties as well as collections of relevant diplomatic documents. Organized by period, region, and country.

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                            • Myers, Denys Peter. Manuel of Collection of Treaties and of Collections Relating to Treaties: Manuel des recueils de traités et des recueils relatifs aux traités. Harvard Bibliographies Libraries Series 2. Cambridge, MA: Harvard University Press, 1922.

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                              Covers collections of treaties dating from antiquity to the early 20th century from all regions of the world. Organized by period and country.

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                              Collections of Peace Treaties

                              As there are no general collections of peace treaties, most peace treaties have to be accessed through general collections producing treaties of different sorts. There are a few specialized peace treaty collections that publish the peace documents from particular areas and periods. They are listed in List of Treaty Collections: Liste de recueils de traités; Lista de colecciones de tratados (cited under Bibliographies). Grewe 1988–1995 is a starting point for any student of the history of international law looking for primary sources from Western history, including major peace treaties. Axelrod and Phillips 2001 is a good addition, giving English excerpts of articles of the main Western peace treaties since Westphalia. Israel 1967 produces in English the major Western peace treaties from Westphalia to the Tashkent Declaration of 1966.

                              • Axelrod, Alexander, and Charles L. Phillips, eds. Encyclopedia of Historical Treaties and Alliances. 2 vols. Chicago and London: Fitzroy Dearborn Publishers, 2001.

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                                Collection of excerpts of treaties in English translation from antiquity to the present. Contains the major peace treaties of Western history after Westphalia. Provides brief introductions on the diplomatic context and significance of the treaties.

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                                • Grewe, Wilhelm G., ed. Fontes Historiae Iuris Gentium: Quellen zur Geschichte des Völkerrechts; Sources Relating to the History of the Law of Nations. 4 vols. Berlin and New York: Walter de Gruyter, 1988–1995.

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                                  Contains excerpts from a great variety of primary sources of international law, including treaties, from 1360 BCE to 1945. Limited to European and Western history for the period before 19th century. In original languages with English and German translations (sometimes abridged or incomplete).

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                                  • Israel, Fred L., ed. Major Peace Treaties of Modern History 1648–1967. 4 vols. New York: Chelsea House, 1967.

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                                    Produces the full text in English of major peace treaties from Westphalia to the Indian-Pakistani agreement of 1966. Limited to Western history for period before 19th century. Gives only one of several bilateral peace treaties produced at major multilateral peace conferences. Provides brief introductions on context and significance of the treaties. With an introductory essay by Arnold Toynbee.

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                                    Collections of Treaties from before 1919

                                    There are two massive collections that together contain most of the treaties from Europe from the Carolingian period to the end of World War I. Parry 1969–1981 reprints over 15,000 treaties from Westphalia to the end of World War I, often providing English or French translations. For treaties from the period before Westphalia, Dumont 1726–1731 remains the most important access in print. Europäische Friedensverträge der Vormoderne online is a major collection of European peace treaties from 1450 to 1789, but many treaties are presented only through pictures of the archival documents and not in printed form. Martens 1817–1835 is a good addition to all the previous for 18th-century treaties. Few peace treaties from Europe have been missed by those collections put together. Martens 1874–1909 is the authoritative collection of the Russian international lawyer Fyodor F. Martens (b. 1845–d. 1909) of treaties signed by Russia. It has served as an example for later national collections. Mas Latrie 1866 contains treaties between European powers and North African Arab powers from the Middle Ages, many of which are not included in general treaty collections. Modern critical editions of peace treaties remain extremely rare. The most significant collections are Bengstson 1962 for classical antiquity and Mariño 1978–1986, which covers treaties from the age of the Emperor Charles V (b. 1500–d. 1558).

                                    • Bengstson, Hermann, ed. Die Verträge des griekisch-römischen Welt von 700 bis 338 v. Chr. Die Staatsverträge des Altertums 2. Munich: Beck, 1962.

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                                      List of Greek and Roman treaties with reference to the primary sources and excerpts in Greek or Latin as available from the sources. Continued as Hatto H. Schmitt, ed. Die Veträge des griekisch-römischen Welt von 338 bis 200 v. Chr. Die Staatsverträge des Altertums 3, Munich: Beck, 1969.

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                                      • Dumont, Jean. Corps universel diplomatique du droit des gens: Contenant un recueil des traitez d’alliance, de paix, de trêve, de neutralité, de commerce, d’échange. 16 vols. Amsterdam: Brunel, 1726–1731.

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                                        Collection of treaties from Europe from 315 to 1730. Most treaties are in full, but some in excerpts. Includes other legal documents pertaining to the law of nations, such as declarations of war. Each volume has a chronological table of contents. The documents are given in the original languages. Supplemented by Jean Rousset de Missy, Un receuil des traitez d’alliance, de paix, de trêve, de neutralité . . . qui ont échapés aux premières recherches de Jean Dumont: Continué jusq’à present. Amsterdam: Brunel; The Hague: Husson and Levier, 1739.

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                                        • Europäische Friedensverträge der Vormoderne online. Edited by Heinz Duchhardt.

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                                          Digital collection of c. 1,800 peace treaties from European history from 1450 to 1789 from the Leibniz Institut für Europäische Geschichte in Mainz, Germany. The database contains pictures of the original documents from the archives, sometimes with reproductions from old printed collections. Full powers and ratification documents are published with the treaties. The site also contains a series of scholarly studies on early modern peace treaties run by the Institute.

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                                          • Mariño, P., ed. Tratados Internacionales de España: Carlos V. 5 vols. Madrid: Consejo Superior de Investigaciones Cientificas, 1978–1986.

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                                            Annotated Spanish editions of treaties, many of those peace treaties, of the Emperor Charles V (b. 1500–d. 1558) with Portugal, North African rulers, and France. For that last, the collection runs up to only 1528. Provides full powers and ratification. With introductions on the context and significance of each treaty.

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                                            • Martens, Georg Friedrich von. Recueil des principaux traités d’alliance, de paix, de trêve, de neutralité, de commerce, de limites, d’échange, et plusieurs autres actes servant à la connaissance des relations étrangères des puissances et états en Europe tant dans leur rapport mutuel que dans celui envers les puissances et états dans d’autres parties du globe, depuis 1761 jusqu’à present. 2d ed. 8 vols. Göttingen, Germany: Dieterich, 1817–1835.

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                                              Collection of treaties involving European powers from 1761 to 1808, with some treaties from the early 18th century absent from Dumont 1726–1731. Chronological and alphabetical index by subject. Texts are produced in the original languages. Different supplements have been made to cover the period 1808–1920. First edition with supplements, 7 vols., Göttingen: Dieterich, 1791–1801. With Table génerale du recueil des traités de G. F. de Martens et de ses continuateurs, 1494–1874. 2 index vols., Göttingen: Dieterich, 1875–1876.

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                                              • Martens, Fyodor F. Recueil des traités et conventions conclus par la Russie avec les puissances étrangères, publiés d’ordre du Ministère des Affaires Etrangères. 15 vols. Saint Petersburg, Russia: Devrient, 1874–1909.

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                                                Collections of treaties signed by Russia with European and non-European powers from 1648 to 1906, arranged by country. Provides introductions on the context and significance of the treaties. In French and Russian.

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                                                • Mas Latrie, M. L., de. Traités de paix et de commerce et documents divers contenant les relations des Chrétiens avec les Arabes, recueillis par ordre de l’Empéreur et publiés avec une introduction historique. 2 vols. Paris: Henri Plon, 1866.

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                                                  Collects treaties between Christian and North African Arab powers from between 1053 and 1479. Provides an extensive historical introduction. Chronological index. Treaties in original languages; introduction in French.

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                                                  • Parry, Clive, ed. The Consolidated Treaty Series. 231 vols. and 12 index vols. Dobbs Ferry, NY: Oceana, 1969–1981.

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                                                    Reprint of over 15,000 treaties from 1648 to 1919 from older publications and collections. Limited to treaties involving European powers for the period before the 19th century. Short introduction stating the source of the texts for each treaty. Additional index volumes (1979–1986): chronological (6 vols.), party index (5 vols.). Texts are in the original languages, but often an English or French translation or abridged version is provided.

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                                                    Collections of Treaties since 1919

                                                    Pursuant to the Covenant of the League of Nations and the United Nations Charters, states are required to register treaties with the secretariat of these world organizations. All registered treaties for the period running from 1920 to 1943 have been published in the League of Nations Treaty Series, those from 1946 onwards in the United Nations Treaty Series. There exist a number of digital collections of peace agreements and related documents for the period since 1990. United Nations Peacemaker is a digital database of peace treaties, most dating from after 1990. It is a useful addition to the United Nations Treaty Series, as it includes agreements that have not been registered with the United Nations, many of those not being formal treaties and not (only) involving state-parties. The Language of Peace database, which contains over 75,000 documents from approximately 1,000 peace agreements, is a useful addition as it offers a classification at the level of individual provisions. USIP Peace Agreements Digital Collection, Incore Peace Agreements, and Uppsala Conflict Data Program Conflict Encyclopedia offer further additions for the same period.

                                                    Classical Jurisprudence

                                                    The oldest doctrinal writings on the law of peacemaking date back to the civilian and canonist traditions of the European Late Middle Ages (12th–15th centuries). These writings mostly took the form of glosses and commentaries on the relevant passages of the authoritative collections of civil law, the Justinianic collection, and of canon law, the Decretum Gratiani (c. 1140) and the Liber Extra (1234). For Roman law, the main passages were Digest 49.15 and the Peace of Konstanz (1183), which had been included in the Volumen parvum of the medieval collation of the Justinianic texts; for canon law it was Liber Extra, X. 1.34. The oldest self-standing treatise on peace treaty practice is Martinus Garatus from the 15th century, in Martinus Garatus 2004. Gentili 1598 is one of the oldest autonomous legal treatises on the laws of war, integrating the law of peacemaking into the laws of war and peace as its third logical complement (using the terminology jus ad bellum, jus in bello, jus post bellum). After Gentili 1598 and Grotius 1625, most of the great treatises of the law of nations of the 17th and 18th centuries included an exposition on the jus post bellum, but in general the subject was treated far less elaborately than the jus ad bellum or the jus in bello. The same holds true for 19th- and early-20th-century textbooks. Apart from Gentili 1598 and Grotius 1625, the most extensive treatment is to be found in Vattel 1758. Phillipson 1916 is the most in-depth self-standing treatment of the subject from classical international law. There is hardly any modern, historical scholarship on the classical jurisprudence of the jus post bellum. Ziegler 2004 maps the influence of Roman law on medieval doctrine and practice. Lesaffer 2010 and Lesaffer 2011 expound the doctrines of peace of the main classical writers Gentili and Vattel.

                                                    • Gentili, Alberico. De jure belli libri tres (1598). Text of 1612 translated by John C. Rolfe. In The Classics of International Law. 2 vols. Oxford: Clarendon, 1933.

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                                                      Gentili discusses the jus post bellum as the third logical complement of the laws of war (and peace) after the jus ad bellum and the jus in bello. Gentili’s concept of peace is determined by his theory of war: in the absence of the possibility to judge on the claims of justice of war, peace treaties attach equal legal consequences to the actions of both sides. Latin with English translation.

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                                                      • Grotius, Hugo. De jure belli ac pacis libri tres (1625). Text of 1646 translated by Francis W. Kelsey. The Classics of International Law. 2 vols. Oxford: Clarendon, 1925.

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                                                        Contains brief expositions of the law of treaties and the practice of peacemaking, spread throughout several chapters. Builds on medieval and neo-scholastic theological and canonist as well as medieval and Renaissance civilian traditions, including Gentili. Uses two concepts of war, just and formal war pertaining to natural and positive law, respectively, as most classical writers of the law of nations would do after him. Latin with English translation.

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                                                        • Lesaffer, Randall. “Alberico Gentili’s ius post bellum and Early Modern Peace Treaties.” In The Roman Foundations of the Law of Nations: Alberico Gentili and the Justice of Empire. Edited by Benedict Kingsbury and Benjamin Straumann, 210–240. Oxford: Oxford University Press, 2010.

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                                                          Sets out Gentili’s doctrine of peace treaties in the light of his theory of war and confronts it with peace treaty practice. Places him in the civilian tradition of the Late Middle Ages and the 16th century. Claims that Gentili’s conception of peace was the logical outcome of his conception of war as a substitute for trial.

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                                                          • Lesaffer, Randall. “A Schoolmaster Abolishing Homework? Vattel on Peacemaking and Peace Treaties?” In Vattel’s International Law in a XXIst Century Perspective. Edited by Vincent Chetail and Peter Haggenmacher, 353–386. Graduate Institute of International and Development Studies 9. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2011.

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                                                            Analyzes Vattel’s doctrine of peace treaties (Le droit international de Vattel vu du XXIesiècle) in the light of his general system. Indicates differences with Wolff. Argues that Wolff’s and Vattel’s theory is the culmination point of the dualist system of just and legal war, a system that Grotius had first articulated by drawing both on the theological tradition of just war and on the civilian tradition of legal war.

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                                                            • Martinus Garatus. Tractatus de confederatione, pace, et conventionibus Principum. Edited by Alain Wijffels. In Peace Treaties and International Law in European History: From the End of the Middle Ages to World War I. Edited by Randall Lesaffer, 412–447. Cambridge, UK: Cambridge University Press, 2004.

                                                              DOI: 10.1017/CBO9780511494239.020Save Citation »Export Citation » Share Citation »

                                                              Treatise by the 15th-century Italian canonist Martinus Garatus Laudensis on treaties, in particular peace treaties, covering sixty-three specific legal questions of treaty making and peacemaking. With references to Garatus’s sources and critical apparatus. The only modern edition of the treatise, which was also included in the great 16th-century printed collection of late-medieval and 16th-century juridical treaties, Tractatus Universi Juris, Venice: Franciscus Ziletus, 1584, vol. 16. In Latin.

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                                                              • Phillipson, Coleman. Termination of War and Peace Treaties. New York: Dutton, 1916.

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                                                                Systematic exposition of peacemaking under international law and in state practice with and without peace treaties. Covers different modes of peacemaking, armistices, formal aspects of peace treaties under the law of treaties, substantive clauses, and effects in relation to cession of territory.

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                                                                • Vattel, Emer de. Le droit des gens ou principes de la loi naturelle (1758). Translated by Charles G. Fenwick. The Classics of International Law. 3 vols. Washington, DC: Carnegie Institution of Washington, 1916.

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                                                                  Vattel’s work is largely a modified translationChristian Wolff, Jus gentium methodo scientifica pertractatum (1749). Text of 1764, translated by Ottfried Nippold, The Classics of International Law, 2 vols., Oxford: Clarendon, 1934, although Vattel differed from Wolff on some crucial points. Vattel’s workbecame vastly more popular than Wolff’s and was highly influential among Anglo-American international lawyers in the 19th century. Most elaborate exposition on peacemaking and peace treaties from the classical writers of the law of nations. In French and English.

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                                                                  • Ziegler, Karl-Heinz. “The Influence of Medieval Roman Law on Peace Treaties.” In Peace Treaties and International Law in European History: From the End of the Middle Ages to World War I. Edited by Randall Lesaffer, 147–161. Cambridge, UK: Cambridge University Press, 2004.

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                                                                    Lists the sources and practices from Roman law and Roman diplomatic practice that have been received into the doctrines and practices of medieval and early-modern peacemaking. Explains that the influence of Roman law came rather through the transplant by medieval civilians of doctrines and concepts from Roman private law to peace treaties than from the survival or recuperation of ancient peace treaty practices and law.

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                                                                    Peace Treaties from Antiquity and the Middle Ages

                                                                    General legal studies of peacemaking and peace treaties in antiquity or the Middle Ages are lacking. Altman 2012 gives a good survey of treaties and the main aspects of treaty making and peacemaking from the Ancient Near East up to the age of Alexander the Great. Bederman 2001 discusses the forms and safeguards of treaties from the 14th century BCE to the Roman conquest of Greece in 168 BCE, with an eye on proving the legally binding character of the rules governing international relations. Baldus 2004 and Ziegler 2008a render an account of Roman peace treaty practice, while Ziegler 2008b goes into armistices and limited peace treaties. Hertz 1991 is the best English-language account of the forms of treaty making in the Middle Ages while Steiger 2010 and Neitmann 1986 offer in-depth studies of the (peace) treaties from the Carolingian Empire and the Teutonic Order, respectively.

                                                                    • Altman, Amnon. Tracing the Earliest Recorded Concepts of International Law: The Ancient Near East (2500–330 BCE). Studies in the History of International Law 4. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2012.

                                                                      DOI: 10.1163/9789004222533Save Citation »Export Citation » Share Citation »

                                                                      Most extensive treatment of the international law of the Ancient Near East up to Alexander the Great. Renders a good survey of relevant sources and the laws that can be deducedfrom those with a particular focus on treaties, including peace treaties. Originally published as a series of articles in Journal of the History of International Law 6 (2004): 43–63 and 153–172; 7 (2005): 115–136; 10 (2008): 1–33; 11 (2009): 125–186 and 333–357; and 12 (2010): 101–153.

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                                                                      • Baldus, Christian. “Vestigia pacis: The Roman Peace Treaty; Structure of Event?” In Peace Treaties and International Law in European History: From the End of the Middle Ages to World War I. Edited by Randall Lesaffer, 103–146. Cambridge, UK: Cambridge University Press, 2004.

                                                                        DOI: 10.1017/CBO9780511494239Save Citation »Export Citation » Share Citation »

                                                                        Discusses classifications of forms and sorts of Roman treaties and debates their legal nature within the context of Roman law and diplomatic practice. Asserts the dependency of Roman international law on private law and procedures.

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                                                                        • Bederman, David J. International Law in Antiquity. Cambridge, UK: Cambridge University Press, 2001.

                                                                          DOI: 10.1017/CBO9780511494130Save Citation »Export Citation » Share Citation »

                                                                          Offers a legal analysis of international relations in antiquity from 1400 to 168 BCE. Includes an extensive chapter (pp. 137–206) on treaties, including peace treaties. Focuses on the formal aspects of the law of treaties, arguing for the legally binding character of rules governing international relations regardless of the religious character of enforcement mechanisms.

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                                                                          • Hertz, Allen Z. “Medieval Treaty Obligation.” Connecticut Journal of International Law 6 (1991): 425–443.

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                                                                            Discusses the forms and safeguards of treaties in the Late Middle Ages, explaining the central role of the oath and ecclesiastical enforcement.

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                                                                            • Neitmann, Klaus. Die Staatsverträge des Deutschen Ordens in Preuβen 1230–1449: Studien zur Diplomatie eines spätmittelalterlichen deutschen Territorialstaates. Neue Forschungen zur Brandenburg-Preussischen Geschichte 6. Cologne and Vienna: Böhlau, 1986.

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                                                                              Perusal of the treaties, in particular peace treaties, of the Teutonic Order in Prussia in the Late Middle Ages. Covers both formal and substantial aspects of the laws and practices of treaties. In German.

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                                                                              • Steiger, Heinhard. Die Ordnung der Welt: Eine Völkerrechtsgeschichte des karolingischen Zeitalters (741 bis 840). Cologne, Wiemar, Germany, and Vienna: Böhlau, 2010.

                                                                                DOI: 10.7788/boehlau.9783412212889Save Citation »Export Citation » Share Citation »

                                                                                Massive study of the international legal practices of the Carolingian Empire, with extensive attention to the formal and substantive aspects of making and sustaining peace through treaties. In German.

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                                                                                • Ziegler, Karl-Heinz. “Friedensverträge im römischen Altertum.” In Fata Iuris Gentium: Kleine Schriften zur Geschichte des europäischen Völkerrechts. By Karl-Heinz Ziegler, 101–117. Studien zur Geschichte des Völkerrechts 15. Baden-Baden: Nomos Verlag, 2008a.

                                                                                  DOI: 10.5771/9783845206790Save Citation »Export Citation » Share Citation »

                                                                                  Brief exposition on the practice of Roman peace-treaty making, covering terminology, forms, safeguarding, and main clauses. Originally printed in Archiv des Völkerrechts 27 (1989): 45–62. In German.

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                                                                                  • Ziegler, Karl-Heinz. “Kriegsverträge im antiken römischen Recht.” In Fata Iuris Gentium. Kleine Schriften zur Geschichte des europäischen Völkerrechts. By Karl-Heinz Ziegler, 119–162. Studien zur Geschichte des Völkerrechts 15. Baden-Baden, Germany: Nomos Verlag, 2008b.

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                                                                                    Offers a survey of the use of treaties among belligerents in the different eras of the Roman Age, with reference to armistices and peace treaties limited in time. Originally printed in Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung 102 (1985): 40–90. In German.

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                                                                                    Peace Treaties from the Early-Modern Age and 19th Century

                                                                                    The peace treaties made at the great international peace conferences running from Westphalia (1648) to Vienna (1814–1815) were crucial to the articulation of the political and legal order of Europe premised on the emerging sovereign states. The list of major peace settlement includes those of Nijmegen, the United Provinces (1678–1679); Rijsswijk (1697); Utrecht/Rastadt/Baden (1713–1715); Aachen (1748); Paris/Hubertusburg (1763); and Paris (1783). Moreover, the peace treaties of the 17th and 18th centuries were in general far more elaborate and detailed legal documents than those of prior or later periods, often containing many dozens of clauses dealing with the legal implications of war and the restoration of peace. As such they form essential formative and informative sources for the jus post bellum of the period. In the 19th and early 20th centuries, through the process of colonization and imperialism, much of the treaty practices of Europe were exported to other parts of the globe. The formative role of peace treaties for the political and legal order of Europe was reflected in the writings on the law of nations. Some of the earliest histories of the law of nations, dating to the 18th and 19th centuries, were by and large chronological narratives of the great peace settlements from Early Modern Europe, analyzing the political and territorial rather than the legal aspects. Mably 1748 is one of the earliest and most influential examples of this genre. Others, such as Wheaton 1845, discuss historical jurisprudence in some depth, while the coverage of state practice is largely reduced to a commentary of major peace treaties. Lesaffer 2004 offers the most extensive legal analysis of peace treaty doctrines and practice for the period, containing among others three chronological survey papers covering the period from 1454 to 1919. Dhondt 2011, like Osiander 1994 (cited under General Overviews), argues that the Peace of Utrecht transformed the legal order of Europe by placing the balance of power and common interests of Europe above the legitimate claims of European dynasties. But whereas Osiander 1994 does this from the perspective of International Relations theory, Dhondt 2011 does this through legal analysis. Neufeld 1971 is the major study available about the treatment of the rights of private persons in early-modern peace treaties. Klesmann 2007 assesses the discourse of the justification of war of the 17th century about violations of peace treaties. Whereas all these works cover European peace treaties, Alexandrowicz 1967 and Alexandrowicz 1973 shed light on European treaty practices with Asian powers and with African powers, respectively.

                                                                                    • Alexandrowicz, Charles H. An Introduction to the Law of Nations in the East Indies (16th, 17th and 18th Centuries). Oxford: Clarendon, 1967.

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                                                                                      Peruses the legal practices, including peace treaties, between European and Asian powers in the first age of European imperialism. Argues that European powers often had to adapt to existing customs and laws of Asian powers and could not one-sidedly impose theirs.

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                                                                                      • Alexandrowicz, Charles H. The European-African Confrontation: A Study in Treaty-Making. Leiden, The Netherlands: Sijthoff, 1973.

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                                                                                        Analysis of European treaties with African powers from the Late Middle Ages to the 19th century. Covers formal aspects of treaty law as well as substantial clauses from the treaties.

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                                                                                        • Dhondt, Frederik. “From Contract to Treaty: The Legal Transformation of the Spanish Succession.” Journal of the History of International Law 13 (2011): 347–375.

                                                                                          DOI: 10.1163/15718050-13020004Save Citation »Export Citation » Share Citation »

                                                                                          Argues that the War of the Spanish Succession and the ensuing Peace of Utrecht (1713) altered the hierarchy of norms in the European system by placing the interests of European peace and security, as defined in the peace treaties and embodied in the principle of the balance of power, above dynastic claims of legitimacy.

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                                                                                          • Klesmann, Bernd. Bellum solemne: Formen und Funktionen europäischer Kriegserklärungen des 17. Jahrhunderts. Mainz, Germany: Philipp von Zabern, 2007.

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                                                                                            Reviews the discourse about violations of peace treaties used in declarations of war to justify resort to warfare. In German.

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                                                                                            • Lesaffer, Randall, ed. Peace Treaties and International Law in European History: From the End of the Middle Ages to World War I. Cambridge, UK: Cambridge University Press, 2004.

                                                                                              DOI: 10.1017/CBO9780511494239Save Citation »Export Citation » Share Citation »

                                                                                              Collection of essays on peace treaties from the 15th century to 1919, as well as a paper on ancient Roman peace treaties and a few papers on the impact of Roman and canon law on peace treaties. Contains three chronological surveys by Randall Lesaffer (1454–1648), Heinz Duchhardt (1648–1814), and Heinhard Steiger (1814–1919).

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                                                                                              • Mably, Gabriel Bonnot de. Le droit public de l’Europe, fondé sur les traités conclus jusqu’en l’année 1740. 2 vols. Amsterdam: Uytwerf, 1748.

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                                                                                                General history of the political order of Europe from Westphalia to 1740 through an exposition of the diplomatic context and main political clauses of major peace treaties. In French. Preceded by the introductory Principes des négociations, also available in English as The Principes of Negotiation, or An Introduction to the Public Law of Europe Founded on Treaties. (London: Ribington and Fletcher, 1758), which expounds the maxims of the political order of Europe.

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                                                                                                • Neufeld, Hans. The International Protection of Private Creditors from the Treaties of Westphalia to the Congress of Vienna (1648–1815): A Contribution to the History of the Law of Nations. Leiden, The Netherlands: Sijthoff, 1971.

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                                                                                                  Comparative analysis of numerous European peace treaties in relation to the restitution of seized property and debts owed by subjects of the treaty partner.

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                                                                                                  • Wheaton, Henry. History of the Law of Nations in Europe and America: From the Earliest Time to the Treaty of Washington, 1842. New York: Gould, Banks, 1845.

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                                                                                                    The work of the American diplomat and international lawyer Henry Wheaton (b. 1785–d. 1845) and the leading history of international law in the Anglo-American world in the 19th century. Covers the historical jurisprudence of the law of nations since the 16th century and aspects of state practice, the latter primarily on the basis of (peace) treaties.

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                                                                                                    The Peace of Westphalia (1648)

                                                                                                    The Peace of Westphalia is the common denominator for two peace treaties signed on 24 October 1648, the one at Munster by the emperor and estates of the Holy Roman Empire with France, and the other at Osnabruck by the emperor and estates of the Holy Roman Empire with Sweden. At the Westphalia peace conference, a third major peace treaty was signed, that of Munster of 30 January 1648, whereby the Spanish king ceded his rights on the United Provinces of the Northern Netherlands. Braubach 1962– is the multi-volume critical edition of legal and diplomatic sources, relating to the Westphalia peace conference. The classical study on the diplomacy at the peace conference is Dickmann 2013. Drawing on recent scholarship, Croxton 2013 offers an excellent brief survey of the peace conference. Since the late 18th century, the Peace of Westphalia has been considered as the first of the series of the great European peace settlements that defined the European states system. Over the 20th century, historians and theorists of international relations and law have come to consider Westphalia as the very birth certificate of the sovereign state system, claiming it to have laid down the foundational principles of that system, such as sovereignty, equality, religious neutrality, and the balance of power. Westphalia became shorthand for the sovereign states system itself. In international law, Gross 1948 has been the most influential publication on this account. At the end of the 1990s, in the context of commemorative studies in the occasion of the 350th anniversary of Westphalia, scholars from the fields of international law and international relations have started to debunk the Westphalian myth, showing that the treaties had in fact hardly, if any, relevance for the formation of the sovereign state system. Steiger 1998 offers an extensive legal analysis of the formal aspects of the treaties and the fundamental principles, indicating how the treaties were of a hybrid character, as they were both international treaties as well as an internal settlement for the Empire. Lesaffer 1997 compares the treaties to older treaties, concluding that apart from the German dimension, they were very traditional and in no way innovative. Osiander 2001 asserts that the Westphalian myth is the product of 19th- and 20th-century concerns with sovereignty, while Beaulac considers “Westphalia” as a post factum linguistic and mental construct in the long-term development of the concept of sovereignty from the 16th to 18th century.

                                                                                                    • Beaulac, Stéphane. The Power of Language in the Making of International Law: The Word Sovereignty in Bodin and Vattel and the Myth of Westphalia. Developments in International Law 46. Leiden, The Netherlands, and Boston: Martinus Nijhoff, 2004.

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                                                                                                      Studies the development of the concept of sovereignty from Jean Bodin (1530–1596) over Westphalia to Vattel, arguing against the foundational value of the Westphalia Peace Treaties for the emergence of the sovereign state system.

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                                                                                                      • Braubach, Max, ed. Acta Pacis Westphalicae. Munster, Germany: Aschendorff, 1962–.

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                                                                                                        Major collection of critical editions of the legal and diplomatic sources from the Westphalia Peace conference, including the text and related documents of the treaties of 24 October 1648 in volumes III.B 1.1–3. In the original languages.

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                                                                                                        • Croxton, Derek. Westphalia: The Last Christian Peace. New York: Palgrave Macmillan, 2013.

                                                                                                          DOI: 10.1057/9781137333339Save Citation »Export Citation » Share Citation »

                                                                                                          General overview of the Westphalia peace conference, especially the negotiation process with an analysis of the political, religious, and constitutional foundations of the settlement and its historical significance. Draws on recent research on Westphalia that has taken a more interdisciplinary approach to diplomatic history.

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                                                                                                          • Dickmann, Fritz. Der Westfälische Frieden. 8th ed. Munster, Germany: Aschendorff, 2013.

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                                                                                                            Narrative account of the negotiations before and during the conference at Munster and Osnabruck ending the Thirty Years War. First edition published in 1959. In German.

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                                                                                                            • Gross, Leo. “The Peace of Westphalia, 1648–1948.” American Journal of International Law 42 (1948): 20–41.

                                                                                                              DOI: 10.2307/2193560Save Citation »Export Citation » Share Citation »

                                                                                                              The classical point of reference for international lawyers on the Peace of Westphalia; Gross’s thrust is actually to prove that the UN Charter did not break with the Westphalian system, because it retained the major hallmarks of it. The article is not based on a close or contextual reading of the peace treaties but just quotes a few fragments in isolation.

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                                                                                                              • Lesaffer, Randall. “The Westphalia Peace Treaties and the Development of Great European Peace Settlements prior to 1648.” Grotiana, New Series 18 (1997): 71–95.

                                                                                                                DOI: 10.1163/187607597X00064Save Citation »Export Citation » Share Citation »

                                                                                                                Explains the hybrid international/domestic dimensions of the Westphalia Peace Treaties and concludes on the basis of a comparison with the peace treaties of the late 15th to early 17th centuries that, in their international dimension, the 1648 treaties were highly traditional and not innovative.

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                                                                                                                • Osiander, Andreas. “Sovereignty, International Relations, and the Westphalian Myth.” International Organization 55 (2001): 251–287.

                                                                                                                  DOI: 10.1162/00208180151140577Save Citation »Export Citation » Share Citation »

                                                                                                                  Reviews the Westphalian myth as it exists in international relations theory and argues that rather than being based on reality it is a theoretical construct of 19th- and 20th-century writers on state sovereignty.

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                                                                                                                  • Steiger, Heinhard. “Der Westfälische Frieden: Grundgesetz für Europa?” In Der Westfälische Friede: Diplomatie, politsche Zäsur, kulturelles Umfeld, Rezeptionsgeschichte. Edited by Heinz Duchhardt, 33–80. Munich: Oldenbourg, 1998.

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                                                                                                                    Offers an extensive analysis of the formal aspects as well as the underlying principles of the Westphalia Peace Treaties, thus indicating the hybrid character of the treaties that were at the same time bilateral international peace treaties and constitutional settlement for the Holy Roman Empire. In German.

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                                                                                                                    Peace Treaties 1919–1989

                                                                                                                    The peace settlement at the end of World War I was brokered at Paris in 1919 and 1920, where the Allied and Associated Powers made separate peace treaties in Paris and its suburbs with each of the Central Powers or their successor states: with Germany at Versailles, with Austria at Saint-Germain-en-Laye, with Hungary at Trianon, with Bulgaria at Neuilly, and with Turkey at Sèvres. After the repudiation of the latter treaty by Turkey, a new set of treaties was made at Lausanne, Switzerland, in 1923. Because of the failure of the United States to ratify the Paris Peace Treaties, separate treaties were made with Germany, Austria, and Hungary in 1921. Martin 1924 forms a handy collection of all these treaties. The Versailles Peace Treaty of 18 June 1919 with Germany is infamous in the history of international relations for having failed to bring sustainable peace to Europe. It is considered a landmark in the history of international law because it broke with existing peacemaking traditions. Whereas prior peace treaties did not legally discriminate on account of responsibility for the war, the Versailles Peace Treaty attributed the guilt for the war to Germany and its allies and made them liable for all the war damage. It provided for the criminal prosecution of the German emperor for his role in starting the war. The Paris Peace Treaties also constituted the League of Nations. Boemeke, et al. 1998 collects numerous studies on the diplomatic process at Versailles, with a special focus on war guilt and reparations. Tomuschat 2004 assesses the revolutionary character of the Versailles Treaty from a legal perspective by comparing it to the Franco-German Peace Treaty of 1871. The peace treaties at the end of World War II adopted much of the discriminatory dimension from the Versailles Treaty. This is especially true for the Peace Treaties of Paris of 1947 with the former European allies of Nazi Germany. Leiss and Dennett 1954 documents the negotiation and drafting of these treaties. Fitzmaurice 1948 gives a good survey of their main substantive clauses, whereas Martin 1947 covers the effects of the discriminatory reparation and restitution clauses on private citizens. McNair and Watts 1966 discusses the effects of peace treaties on private persons in peace treaties in general. Thornberry 1992 renders a historical account of the protection of minority rights in international law, among others, by peace treaties.

                                                                                                                    • Boemeke, Manfred, Gerald D. Feldman, and Elisabeth Glaser, eds. The Treaty of Versailles: A Reassessment after 75 Years. Cambridge, UK: Cambridge University Press, 1998.

                                                                                                                      DOI: 10.1017/CBO9781139052450Save Citation »Export Citation » Share Citation »

                                                                                                                      Collection of essays on the negotiations process and the major issues dealt with at the peace conference from the perspective of the different powers. Includes several papers on the war guilt question and post-1919 revisionism.

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                                                                                                                      • Fitzmaurice, Gerald. “The Juridical Clauses of the Peace Treaties.” Recueil des Cours de l’Académie de Droit International de La Haye 73 (1948): 259–367.

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                                                                                                                        Analysis of the substantive legal clauses of the five Peace Treaties of Paris of 10 February 1947.

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                                                                                                                        • Leiss, Amelia C., and Raymond Dennett, eds. European Peace Treaties after World War II. Boston: World Press Foundation, 1954.

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                                                                                                                          Documents the negotiation process and drafting of the articles of the five Paris Peace Treaties of 10 February 1947 between the Allied Powers and the European allies of Germany in World War II (Bulgaria, Finland, Hungary, Italy, and Rumania), by giving summaries of the sources of the negotiations.

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                                                                                                                          • Martin, Lawrence, ed. The Treaties of Peace 1919–1923. 2 vols. New York: Carnegie Endowment for International Peace, 1924.

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                                                                                                                            Collection of the peace treaties ending World War I, namely, those of Versailles, Saint-Germain-en-Laye, Trianon, Neuilly, Sèvres, and Lausanne, as well as the treaties between the United States and the Central Powers. Index.

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                                                                                                                            • Martin, Andrew. “Private Property, Rights, and Interests in the Paris Peace Treaties.” British Yearbook of International Law 24 (1947): 273–300.

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                                                                                                                              Examines the effects of the clauses of the Paris Peace Treaties of 10 February 1947 on reparations and restitution on the rights of private citizens.

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                                                                                                                              • McNair, Arnold D., and A. D. Watts. Legal Effects of War. 4th ed. Cambridge, UK: Cambridge University Press, 1966.

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                                                                                                                                Contains a chapter on the effects of peace treaties on the status and rights of private persons, with a special focus on the legal status of peace treaties in the British legal system. First edition published in 1944.

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                                                                                                                                • Thornberry, Patrick. International Law and the Rights of Minorities. Oxford: Clarendon, 1992.

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                                                                                                                                  Expounds the evolution of the rights of minorities in international law, perusing relevant peace treaties such as those ending the Balkan Wars (from 1878 and 1912–1913) and both World Wars.

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                                                                                                                                  • Tomuschat, Christian. “The 1871 Peace Treaty between France and Germany and the 1919 Peace Treaty of Versailles.” In Peace Treaties and International Law in European History: From the End of the Middle Ages to World War I. Edited by Randall Lesaffer, 382–396. Cambridge, UK: Cambridge University Press, 2004.

                                                                                                                                    DOI: 10.1017/CBO9780511494239Save Citation »Export Citation » Share Citation »

                                                                                                                                    Studies the discriminatory character of the Versailles Peace Treaty and the punishment of Germany through a comparison with the Franco-German Peace Treaty of 1871, stressing the radical break Versailles made with existing traditions of peacemaking.

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                                                                                                                                    Peace Treaties after 1989

                                                                                                                                    The fading of traditional lines between war and peace and between international and national conflicts, the increasing involvement with peace building of the institutionalized international community through the UN and regional organizations, and the rise of concerns for human rights and the interests of individuals have radically changed the process of peacemaking and the role of peace treaties therein. They have, among others, led to the emergence of the prosecution of international crimes committed during conflicts as well as to a growing concern with democratic transformation. Bell 2008 is the most general as well as the most profound study on the newly emerging practices and laws of the jus post bellum on the basis of the perusal of recent peace agreements. Stahn, et al. 2014 collects essays on the normative foundations and major aspects of the new jus post bellum, whereas Chetail 2009 discusses a wide variety of basic concepts relating to post-conflict peace building. May and Forcehimes 2014 and May and Edenberg 2014 offer surveys of the emergence of transitional justice—which covers democratic transformation and restoration of the rule of law, as well as reconciliation, retribution, and criminal prosecution—in the context of post-conflict peace building. May and Forcehimes 2014 gives basic accounts of major aspects of jus post bellum, while May and Edenberg 2014 discusses the intrinsic tensions between the concerns of securing peace and democratic transformation. Doyle and Sambanis 2006 examines the structural causes for success and failure of UN peacekeeping operations, while Fortna 2004 does the same for cease-fire agreements to result in lasting peace. Watson 2000 is a major legal study on a single peace process, discussing the binding character of the Oslo Peace Agreements under international law.

                                                                                                                                    • Bell, Christine. On the Law of Peace: Peace Agreements and the Lex Pacificatoria. Oxford: Oxford University Press, 2008.

                                                                                                                                      DOI: 10.1093/acprof:oso/9780199226832.001.0001Save Citation »Export Citation » Share Citation »

                                                                                                                                      Studies the fundamental transformation of peacemaking since the end of the Cold War on the basis of hundreds of peace agreements from international as well as internal and hybrid conflicts. Offers an in-depth analysis of the expansion of peacemaking into the domains of state building and transitional justice, pleading for the emergence of a lex pacificatoria, a transnational law of peacemaking spanning the international and the national levels.

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                                                                                                                                      • Chetail, Vincent, ed. Post-Conflict Peace-Building: A Lexicon. Oxford: Oxford University Press, 2009.

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                                                                                                                                        Collection of essays by scholars from different fields, such as international law, international relations, and economics, on all major aspects of peace building after armed conflict. It renders brief introductions to all the key concepts of 21st-century peace building, by giving definitions, sketching the concepts’ history, and debating major problems of implementation on the basis of recent practice.

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                                                                                                                                        • Doyle, Michael W., and Nicholas Sambanis. Making War and Building Peace: United Nations Peace Operations. Princeton, NJ: Princeton University Press, 2006.

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                                                                                                                                          Historical study of United Nations peacekeeping operations since 1945 with an analysis of the factors of their success in contributing to the peace process.

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                                                                                                                                          • Fortna, Virginia Pace. Peace Time: Cease Fire Agreements and the Durability of Peace. Princeton, NJ: Princeton University Press, 2004.

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                                                                                                                                            Assesses the success and failure of cease-fire agreements to achieve lasting peace through a comparative study of agreements since the end of the Cold War.

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                                                                                                                                            • May, Larry, and Elisabeth Edenberg, eds. Jus post Bellum and Transitional Justice. ASIL Studies in International Legal Theory. Cambridge, UK: Cambridge University Press, 2014.

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                                                                                                                                              Collection of essays that discuss the tensions between jus post bellum, understood here as the securing of peace, and transitional justice, which is said to focus on democratic transformation.

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                                                                                                                                              • May, Larry, and Andrew Forcehimes, eds. Morality, Jus post Bellum, and International Law. ASIL Studies in International Legal Theory. Cambridge, UK: Cambridge University Press, 2014.

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                                                                                                                                                Collection of essays that address major aspects of jus post bellum in the 21st century from a perspective of legal theory and ethics. Legal issues covered are reparation, criminal prosecution, human rights, and democratic transformation.

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                                                                                                                                                • Stahn, Carsten, Jennifer S. Easterday, and Jens Iverson, eds. Jus post Bellum: Mapping the Normative Foundations. Oxford: Oxford University Press, 2014.

                                                                                                                                                  DOI: 10.1093/acprof:oso/9780199685899.001.0001Save Citation »Export Citation » Share Citation »

                                                                                                                                                  Collection of essays dealing with historical and theoretical foundations of jus post bellum as well as its place in international law. Stresses the interplay between jus ad bellum, jus in bello, and jus post bellum.

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                                                                                                                                                  • Watson, G. R. The Oslo Peace Accords: International Law and the Israeli-Palestinian Peace Agreements. Oxford: Oxford University Press, 2000.

                                                                                                                                                    DOI: 10.1093/acprof:oso/9780198298915.001.0001Save Citation »Export Citation » Share Citation »

                                                                                                                                                    A major study of one of the main issues of peace agreements in the post–Cold War Era, namely the position of non-state parties. Examines the status under international law of the Oslo Peace Agreements of 1993 between Israel and the Palestinian Liberation Organization, claiming that they are binding on the parties and create rights and duties under international law.

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                                                                                                                                                    Private and Human Rights

                                                                                                                                                    Bell 2000 and Bell 2006 discuss the centrality of human rights, including rights of political participation, in post–Cold War peace agreements. Evans 2012 and Van Houtte, et al. 2008 examine the right to reparation of individuals after conflicts. Whereas Evans 2012 questions the existence and extent of such a right in international law, Van Houtte, et al. 2008 expounds existing practices and procedures. Murphy, et al. 2013 on the Eritrea-Ethiopia war of 1998–2000 is the most comprehensive study to date of the settlement for war damages through international arbitration of a single conflict. Bell and O’Rourke 2010 discusses the place of women and women’s rights in peace processes and agreements in the 21st century.

                                                                                                                                                    • Bell, Christine. Peace Agreements and Human Rights. Oxford: Oxford University Press, 2000.

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                                                                                                                                                      Maps out the place of human rights in over a hundred peace agreements of the 1990s, with comparative in-depth case studies of the conflicts in Bosnia Herzegovina, Israel/Palestine, Northern Ireland, and South Africa. Claims that the balancing of collective rights of political participation and individual human rights stands at the heart of many negotiations processes and explains why peace agreements are increasingly dealing with constitutional issues.

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                                                                                                                                                      • Bell, Christine. Negotiating Justice? Human Rights and Peace Agreements. Geneva, Switzerland: International Council for Human Rights Policy, 2006.

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                                                                                                                                                        Report for the International Council for Human Rights Policy on the promotion of human rights in peace agreements since 1990. Based on numerous country studies.

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                                                                                                                                                        • Bell, Christine, and Catherine O’Rourke. “Peace Agreements on Pieces of Paper? The Impact of UNSC Resolution 1325 on Peace Processes and Their Agreements.” International and Comparative Law Quarterly 59 (2010): 941–980.

                                                                                                                                                          DOI: 10.1017/S002058931000062XSave Citation »Export Citation » Share Citation »

                                                                                                                                                          Studies the implementation and impact of UN Security Council Resolution 1325 of 2000 on the place and rights of women in the prevention, management, and resolution of armed conflicts in peace processes and peace agreements.

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                                                                                                                                                          • Evans, Christine. The Rights to Reparation in International Law for Victims of Armed Conflicts. Cambridge Studies in International and Comparative Law. Cambridge, UK: Cambridge University Press, 2012.

                                                                                                                                                            DOI: 10.1017/CBO9781139096171Save Citation »Export Citation » Share Citation »

                                                                                                                                                            Examines the standing of a right to post-conflict reparations in international law. Includes case studies on Guatemala, Sierra Leone, East Timor, and Colombia. Concludes that a customary right of reparation for serious violations of human rights is emerging.

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                                                                                                                                                            • Murphy, Sean D., Won Kidane, and Thomas R. Snider, eds. Litigating War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission. Oxford: Oxford University Press, 2013.

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                                                                                                                                                              Massive study of the work and jurisprudence of one of the major international arbitration bodies that dealt with compensation for war injuries and damages. Discusses the organization and proceedings of the commission, as well as its decisions for a wide variety of violations of the laws of war.

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                                                                                                                                                              • Van Houtte, Hans, Hans Das, Bart Delmatino, and Iasson Yi. Post-War Restoration of Property Rights under International Law. 2 vols. Cambridge, UK: Cambridge University Press, 2008.

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                                                                                                                                                                Comparative study of mass-claim actions in post-conflict situations. Discusses substantial laws in relation to the protection of property as well as procedure and judicial techniques as used by arbitral institutions, courts, and international claims commissions.

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