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8 Id.Google Scholar

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18 Schiller, Histoire de la Guerre de Trente Ans I (History of the Thirty Years’ War I) 1 (1803).Google Scholar

19 Also called Sacred Roman Empire of the German Nation, Sacrum Romanum Imperium, Heiliges Romisches Reich Deutscher Nation, or still I Reich.Google Scholar

20 Kissinger, supra note 12, at 58.Google Scholar

21 Beaulac, supra note 7, at 153-60.Google Scholar

22 Arno Kappler, Tatsachen über Deutschland (Facts on Germany) 13 (1996).Google Scholar

23 The Duke of Saxony and the Marquise of Brandenburg later became known as the “Prince Elector of Saxony” and the “Prince Elector of Brandenburg,” respectively. The Count Palatine of the Rhine was called the “Palatine Elector.” Given his ordering character and fundamental imperial politics, the Bulla Aurea is seen as a true constitutional norm of the Holy Roman Empire.Google Scholar

24 See Beaulac, supra note 7, at 169.Google Scholar

25 Andréas Osiander, Sovereignty, International Relations, and the Westphalian Myth, 2 International Organisation 251, 253 (2001).Google Scholar

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27 Robert Bireley, The Jesuits and the Thirty Years War 1 (2003).Google Scholar

28 J. P. Cooper ed., The New Cambridge Modern History: The Decline of Spain and the Thirty Years War, IV 308 (1970).Google Scholar

29 The religious fanaticism of Ferdinand II, for whom the state existed only to serve religion, could be measured by the words of his confident counsellor Gaspar Scioppius: “unfortunate is the king who ignores the voice of God begging him to kill the heretics. You should not make war for yourselves but for God (Bellum non tuum, sed Dei esse statuas).” See Kissinger, supra note 12, at 62.Google Scholar

30 The Palatinate was a German region around the university city of Heidelberg, its capital.Google Scholar

31 The humiliation imposed to the Palatinate region had its climax when the Catholic King Maximillian of Bavaria sent part of the library of the University of Heidelberg to the Vatican, where it still is according to J. P. Cooper. See Cooper, supra note 28, at 317.Google Scholar

32 Mousnier, supra note 3, at 199. The condottieri, appearing in the Italian peninsula in the fourteenth century, were mercenaries who recruited, commanded, supplied and paid the private armed forces. Philip Bobbitt, A Guerra e a Paz na História Moderna (The Shield of Achilles: War, Peace and the Course of History) 75 (2003). The troops commanded by the nouveau riche Albrecht von Wallenstein gave Emperor Frederic II greater freedom than Duke Maximillian of Bavaria who depended on the military to a higher degree. Osiander, supra note 25, at 256.Google Scholar

33 Mousnier, supra note 3, at 200.Google Scholar

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38 On 15 May 1648, also in the city of Münster, a specific treaty between Spain and the Netherlands put an end to eighty years of conflict.Google Scholar

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47 Parrott, David, The Peace of Westphalia, 8 Journal of Early Modern History 153, 153 (2004).Google Scholar

48 The religious dimension of Westphalia, though, went unnoticed in the analysis made by Richard Falk, for whom the Westphalian model is only the “state centric, sovereignty-oriented, territorially bounded global order.” Falk, Richard, Revisiting Westphalia, Discovering Post-Westphalia, 4 The Journal of Ethics 311, 312 (2002). Conversely, that religious aspect is affirmed by Meinhard Schröder. See generally Meinhard Schröder ed., 350 Jahre Westifälischer Friede (350 years of Peace of Westphalia) (1999).Google Scholar

49 Jacques Droz, Histoire Diplomatique: de 1648 ä 1919 (Diplomatic History: From 1648 to 1919) 9 (1972); Beaulac, supra note 7, at 162.Google Scholar

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51 “The State was guarantor of the liberty and founder of the peace.” Robbers, Gehard, Religionrechtliche Gehalte des Westfälichen Friedens – Wurzeln und Wirkungen (Religion-legal Contents of the Westphalian Peace - Roots and Effects), in 350 Jahre Westifälischer Friede (350 years of Peace of Westphalia) 73 (Meinhard Schröder ed., 1999).Google Scholar

52 “Cuius regio eius religio“ is a phrase in Latin that means “whose the region is, his religion.” It was with the “Augsburg Peace” (1555), in the course of the Protestant Reformation, that the territorial princes of Germany got the right to determine the official religion of their subjects. Gross, supra note 9, at 22. By this time four-fifths of the German population was Protestant.Google Scholar

53 In fact, Article IV, # 19 of the Instrumentum Pacis Osnabrugensis and Paragraph 27 of the Instrumentum Pacis Monasteriensis use the same words to affirm the principle of religious tolerance: “(…) and that it shall be allowable for others who are willing to embrace the Exercise of the Augsburg Confession, to practise it, as well publickliy [sic] in the Churches at set Hours, as in private in their own Houses, or other Places appointed for that end by their Ministers of the Divine Word, or by those of their Neighbours.” Available at the official site of the Acta Pacis Westphalicae [hereinafter “Official Site”], http://www.pax-westphalica.de. The extensive research on the site, led by Professor Repgen, represents, in the words of David Parrot, “surely one of the most impressive historical projects of the last two centuries.” David Parrott, supra note 47, at 154.Google Scholar

54 As to the more mundane aspect of this question, §65 of the Instrumentum Pacis Monasteriensis and Article VIII, # 4 of the Instrumentum Pacis Osnabrugensis affirm: “That as well at general as particular Diets, the free Towns, and other States of the Empire, shall have decisive Votes; they shall, without molestation, keep their Regales, Customs, annual Revenues, Libertys [sic], Privileges to confiscate, to raise Taxes, and other Rights, lawfully obtain'd [sic] from the Emperor and Empire, or enjoy'd [sic] long before these Commotions, with a full Jurisdiction within the inclosure [sic] of their Walls, and their Territorys [sic]: making void at the same time, annulling and for the future prohibiting all Things, which by Reprisals, Arrests, stopping of Passages, and other prejudicial Acts, either during the War, under what pretext soever [sic] they have been done and attempted hitherto by private Authority, or may hereafter without any preceding formality of Right be enterpris'd [sic]. As for the rest, all laudable Customs of the sacred Roman Empire, the fundamental Constitutions and Laws, shall for the future be strictly observ'd [sic]; all the Confusions which time War have, or could introduce, being remov'd [sic] and laid aside.” Official Site, id.Google Scholar

55 Antenor Pereira Madruga Filho, A Renüncia ä Imunidade de Jurisdição pelo Estado Brasileiro e o Novo Direito da Imunidade de Jurisdição (The Brazilian State's Resignation to the Jurisdiction Immunity and the New Right to the Jurisdiction Immunity) 24 (2003).Google Scholar

56 Truyol y Serra, supra note 13, at 32. Essentially, a system is a theoretical tool of great utility for the analysis of reality. In general, it could be defined as a set of elements related, working together in a way that each element is the function of another element, without a single element working alone. As an epistemological unit, all systems constitute, then, a collective of elements which maintain some kind of specific order, organization or structure linked to each other, which confers a sense of unity, yet one made of many pieces. If a system is a group of units which relate each other, we easily conclude that three ideas are inherent to a conception from any system: collectivity (the whole), unit (the part) and interdependency (the structure that unites the parts composing the whole). Further, there are also three base components for the constitution of any system: 1) the repertoire of its elements (distinct between themselves and the system itself); 2) the relation between these elements or its organization and structure; and 3) the organic unit that keeps the elements together for its relations.Google Scholar

57 Östreich, supra note 17, at 192.Google Scholar

58 Kissinger, , supra note 12, at 59.Google Scholar

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60 Truyol y Serra, supra note 13, at 35. The dichotomy between “community” and “society” was analyzed, among others, by Celso Mello, for whom “the community would represent the following characteristics: natural formation, organic will (the energy from the organism, which is shown in the pleasure, habits and memory), and the individuals who would take part in a deeper way in the ordinary life (…). The society already had different features: volunteer formation, reflected will (it would be a product of thinking, dominated by the idea of conclusion and having as a supreme end, the happiness); and the individuals who would take part in a less deep way of ordinary life.” Celso D. de Albuquerque Mello, Direito Internacional Püblico I (Public International Law I), 45 (1997).Google Scholar

61 Rogério Guilherme Ehrhardt Soares, Interesse Püblico, Legalidade e Mérito (Public Interest, Legality and Merity) 55 (1955).Google Scholar

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63 Robbers, , supra note 51, at 73. It is fair to recognize, however, that this “de-theologicalization” (lack of theology) is just relative, made much truer via external politics rather than internal politics once the divine attributes of the king are increasingly recalled and reinforced.Google Scholar

64 Jean-Jaques Roche, Relations Internationales (International Relations) 94 (2001).Google Scholar

65 Thomas Kuhn, supra note 6, at 35.Google Scholar

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72 Gerard ter Borch (1617-1681), “The Swearing of the Oath of Ratification of the Treaty of Münster”, 1648, oil on copper, 45,4 cm x 58,5 cm, London National Gallery. Available at http://www.nationalgallery.org.uk. The picture doesn't portray the ceremony of conclusion of the Instrumentum Pacis Monasteriense of Oct. 24th 1648, but instead shows the signing of the previous treaty on May 15th, 1648, also celebrated in Münster, between Spain and the Netherlands.Google Scholar

73 The empty chair (a traditional allegory for power) is another indication of the restlessness between the two delegations.Google Scholar

74 According to Kettering, the diplomat referred to is the Dutch Johannes Christopherus Belne, Secretary of Antoine Brun, the second man of the Spanish delegation in that Conference. Alison McNeil Kettering, Gerard ter Borch and the Treaty of Münster 9 (1998).Google Scholar

75 According to Israel, Ter Borch was very proud of his masterpiece and conscious of its significance - so much so that he commissioned an engraver, Jonas Suijderhoef, to reproduce the picture. Thanks to this engraver, Ter Borch's work could be hung on the walls on the major public buildings in Netherlands and elsewhere. Jonathan I. Israel, Conflict of Empires: Spain, The Low Countries and the Struggle for World Supremacy 1585-1713 104 (1997).Google Scholar

76 See, among others, Stephen Krasner's theoretical contributions in the field of Political Science.Google Scholar