210 research outputs found

    Treaties in the history of international law

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    Mare clausum (The Closure of the Sea or The Ownership of the Sea) 1635 John Selden (1584-1654)

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    Roman law and the intellectual history of international law

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    Conclusion

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    The revolution of the twentieth century Here are no lessons for the world, no disclosures to shock peoples. It is filled with trivial things, partly that no one mistake for history the bones from which some day a man may make history, and partly for the pleasure it gave me to recall the fellowship of the revolt. We were fond together, because of the sweep of the open places, the taste of wide winds, the sunlight, and the hopes in which we worked. The morning freshness of the world-to-be intoxicated us. We were wrought up with ideas inexpressible and vaporous, but to be fought for. We lived many lives in those whirling campaigns, never sparing ourselves: yet, when we achieved and the new world dawned, the old men came out again and took our victory to re-make it in the likeness of the former world they knew. Youth could win, but had not learned to keep: and was pitiably weak against age. We stammered that we had worked for a new heaven and a new earth, and they thanked us kindly and made their peace. As Lawrence of Arabia's experience of the Great War was far different from what most young British officers lived through in the trenches of Flanders and France, so his assessment of the peace must have seemed strange to many of his readers

    Introduction

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    Since the 1960s and more particularly since the end of the Cold War, interest in the history of international law has greatly increased among international lawyers and legal historians alike. Nevertheless, as an academic discipline, it is still lagging behind compared to most other branches of legal history. Recent efforts cannot be expected to make up for the neglect the field has suffered during most of the past two centuries. The causes of the traditional neglect of the history of international law are many and much debated. Paramount among them is – or was? – the dominance of national states and national law. This caused lawyers and legal historians to concentrate on internal legal developments. Moreover, in the heyday of state sovereignty, the binding character of public international law came to be disputed or even denied, which surely caused legal historians to turn away from its study. Notwithstanding the efforts of many scholars from all over the world during recent decades, the study of international law is still lagging behind the field. Fundamental methodological questions have not been answered or even seriously debated. Most of the sources – even the most important ones like treaties – still await modern, critical editions. The vast majority of recent scholarship still tends to concentrate, as it has been the case before, on doctrine and not on legal practice. And above all, most of the endeavours of recent years have been individual

    The laws of war- and peace-making

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    The pragmatic sanction of 1713 and the Austro-Hispanic treaties of 1725

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    Peace treaties in declarations and manifestos of war

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    The birth of European legal history

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