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In the formation of the modern law of nations, peace treaties played a pivotal role. Many basic principles and rules that governed and still govern relations between states were introduced and elaborated in the great peace treaties from the Renaissance onwards. Nevertheless, until recently few scholars have studied these primary sources of the law of nations from a juridical perspective. In this edited collection, specialists from all over Europe, including legal and diplomatic historians, international lawyers and an International Relations theorist, analyse peace treaty practice from the late fifteenth century to the Peace of Versailles of 1919. Important emphasis is given to the doctrinal debate about peace treaties and the influence of older, Roman and medieval concepts on modern practices. This book goes back further in time beyond the epochal Peace of Treaties of Westphalia of 1648 and this broader perspective allows for a reassessment of the role of the sovereign state in the modern international legal order.
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Edward Keene argues that the conventional idea of an 'anarchical society' of equal and independent sovereign states is an inadequate description of order in modern world politics. International political and legal order has always been dedicated to two distinct goals: to try to promote the toleration of different ways of life, while advocating the adoption of one specific way, that it labels 'civilization'. The nineteenth-century solution to this contradiction was to restrict the promotion of civilization to the world beyond Europe. That discriminatory way of thinking has now broken down, with the result that a single, global order is supposed to apply to everyone, but opinion is still very much divided as to what the ultimate purpose of this global order should be, and how its political and legal structure should be organised.
'Peace' is often simplistically assumed to be war's opposite, and as such is not examined closely or critically idealized in the literature of peace studies, its crucial role in the justification of war is often overlooked. Starting from a critical view that the value of 'restoring peace' or 'keeping peace' is, and has been, regularly used as a pretext for military intervention, this book traces the conceptual history of peace in nineteenth century legal and political practice. It explores the role of the value of peace in shaping the public rhetoric and legitimizing action in general international relations, international law, international trade, colonialism, and armed conflict. Departing from the assumption that there is no peace as such, nor can there be, it examines the contradictory visions of peace that arise from conflict. These conflicting and antagonistic visions of peace are each linked to a set of motivations and interests as well as to a certain vision of legitimacy within the international realm. Each of them inevitably conveys the image of a specific enemy that has to be crushed in order to peace being installed. This book highlights the contradictions and paradoxes in nineteenth century discourses and practices of peace, particularly in Europe.
Classical political theorists such as Thucydides, Kant, Rousseau, Smith, Hegel, Grotius, Mill, Locke and Clausewitz are often employed to explain and justify contemporary international politics and are seen to constitute the different schools of thought in the discipline. However, traditional interpretations frequently ignore the intellectual and historical context in which these thinkers were writing as well as the lineages through which they came to be appropriated in International Relations. This collection of essays provides alternative interpretations sensitive to these political and intellectual contexts and to the trajectory of their appropriation. The political, sociological, anthropological, legal, economic, philosophical and normative dimensions are shown to be constitutive, not just of classical theories, but of international thought and practice in the contemporary world. Moreover, they challenge traditional accounts of timeless debates and schools of thought and provide new conceptions of core issues such as sovereignty, morality, law, property, imperialism and agency.