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2 results

  • 3 - The Lore and Laws of Peace-Making in Early Modern and Nineteenth-Century European Peace Treaties

  • from Part I - Historical Dimensions to Peace Settlement Practice
  • Edited by Marc Weller, University of Cambridge, Mark Retter, University of Cambridge, Andrea Varga, University of Cambridge
  • Book:
    International Law and Peace Settlements
    Published online:
    14 January 2021
    Print publication:
    04 February 2021, pp 46-63

  • Summary

    This chapter traces the practice of concluding peace treaties in Early Modern Europe, characterised by the increasing standardisation of clauses, as well as the influence of the concept of legal (or formal) war alongside that of just war. While just war retained an important role in the justification of war, treaty-making practice tended to rely on legal war, which produced a dualist logic in both war-waging and peace-making. Over time, the settlement of territorial conflicts moved from pre-existing claims and rights to conquest as a basis; dynastic legitimacy was subordinated to the raison d’etat. Increasingly standardised amnesty and restitution clauses, retractions of letters of reprisal, and provisions on prisoners of war likewise bore the influence of the legal war concept. Finally, to deal with the ever wider disruption caused by war, separate FCN treaties emerged alongside peace treaties. Later on, the 1919 Treaty of Versailles marked a brief return to a discriminatory concept of war, but its longer-lasting impact was on collective security and compensation of war damage for citizens.

  • Oil's Well that Ends Well? Critical Comments on the Merits Judgement in the Oil Platforms Case

  • JÖRG KAMMERHOFER
  • Journal:
    Leiden Journal of International Law / Volume 17 / Issue 4 / December 2004
    Published online by Cambridge University Press:
    06 December 2004, pp. 695-718
    Print publication:
    December 2004

  • The recent judgement on the merits in the Oil Platforms case has brought a long-standing dispute before the International Court of Justice to a close. This article critically analyzes some of the most interesting topics raised in this judgement, not least the fact that it was harshly criticized by a very high number of judges in their individual opinions. The issues discussed – such as the role of self-defence law within the confines of an ‘FCN treaty’ or the notion of ‘freedom of commerce’ – merely point to higher-level problems of a theoretical nature which cause our confusion as to substantive law.