The myth of Westphalia

Historians and international lawyers alike have for a long time been quite unanimous in calling the Peace Treaties of Westphalia of 1648 the very birth certificates of the modern European states system and the modern law of nations. In the context of the 350th anniversary of these treaties, scholars from various countries and disciplines have gone a long way to challenging this Westphalian myth.

Traditionally, it was alleged that the Westphalian Treaties laid down the basic principles of the modern law of nations, such as sovereignty, equality, religious neutrality and the balance of power. However, this cannot be sustained after a careful analysis of the treaties themselves and a comparison with older peace treaties. These principles are to be found in none of the three main Westphalian Peace Treaties, at least not as principles of international law. In fact, references about the sovereignty and equality of religions can only be found in the treaties when they concern the constitutional arrangement for the Holy Roman Empire. Moreover,these reminiscences are not new or innovative. It was only some decades after 1648 that diplomats and jurists started to see these clauses as reflecting upon international relations.