The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview
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This Peace, which marks the close of the Thirty Years' War and the establishment of the Modern European Statessystem on a legal basis, recognized the equality of the Catholic, Lutheran, and Calvinist confessions in Germany; and the independence and legal equality of the States (including the 332 sovereignties of Germany) of Western Christendom, whether Catholic or Protestant, monarchical or republican.96

"As a guarantee of faithful execution, the Treaties of Westphalia were accepted as a fundamental law by all contractants, who were empowered and bound to defend their provisions. Thus, for the first time, Europe received what may be fairly described as an international constitution, which gave to all its adherents the right of intervention to enforce its arrangements.97


International Law of Antiquity . -- Alcorta I, Cours de droit int. public ( 1887), ch. 6, sec. 1; Audinet, in 21 R. G. D. I ( 1914), 29-63; Bender, Antikes Völkerrecht ( 1911); Busolt, in Müller Handbuch, IV, 1, §§ 54-76; * Cybichowski, Das antike Völkerrecht ( 1907); Egger, Les traités publics chez les grecs et les romains ( 1866); * Greenidge, Handbook of Greek Const. History ( 1902), ch. 3, § 2, and Roman Public Life ( 1911), ch. 7; Hermann, Griechische Antiquitäten ( 1882-9), §§ 9-14; * Holtzendorff, in 1 Handbuch, §§40-64; König, in 11 Z. V. ( 1920), 155 ff.; Korff, in 18 A. J. ( 1924), 246 ff.; * Laurent, Études sur l'humanité ( 1865-80), Vols. I, II, and III; Leseur, Cours de droit int. ( 1893), Nos. 33-38; Müller-Jochmus, Geschichte des Völkerrechts im Altertum ( 1848); * Phillipson, Int. Law and Customs of Ancient Greece and Rome ( 1911), in 2 vols.; Redslob, Histoire du droit des gens ( 1923), § 1-13; Scala, Die Staatsverträge des Altertums ( 1898); 2 Schoemann, Griechische Altertiimer ( 1902), 1-123; * Tod, International Arbitration amongst the Greeks ( 1913); 2 Vinogradoff, Historical Jurisprudence ( 1920-22), ch. 8; *1 Walker, History of the Law of Nations ( 1899), 30-64; Wheaton, History, Introduction.

International Law of the Middle Ages . -- 1 Alcorta, Cours de droit int. public ( 1887), ch. 6, sec. 2; Hosack, The Rise and Growth of the Law of Nations

Of these 332 German States (more or less), "211 were secular states governed by hereditary monarchs (Electors, Dukes, Landgraves, and the like), 56 were free City-states, and 65 were ecclesiastical States governed by Archbishops and other Church dignitaries." I Oppenheim, § 44, p. 66.
2 Hill, op. cit., 602. "All and each of the contracting parties of this treaty shall be held to defend and maintain all and each of the dispositions of this peace, against whomsoever it may be, without distinction of religion." Art. 17 of the Treaty of Osnabrück.


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