Westphalian Peace and International Law

The Peace of Westphalia marked a shift in international relations, establishing the concept of state sovereignty. This principle asserts that each state has equal authority within its own territory, independent of any higher power.

The idea that each state has supreme power within its own borders, free from external control, is known as state sovereignty.

The Peace of Westphalia established the principle of equality among states, meaning they all have equal rights and authority in international affairs.

The Peace of Westphalia ended the Thirty Years' War, a conflict fueled by religious tensions and power struggles between European nations.

Historically, the Holy Roman Emperor and the Pope held significant power over European nations. The Peace of Westphalia diminished their authority, giving more independence to individual states.

The Peace of Westphalia created a system of international relations based on the principle of equal sovereignty. This means that states interact with each other horizontally, rather than through a hierarchical system.

A legal order based on hierarchy, where a higher authority commands and imposes rules on lower entities, is known as a vertical legal order.

The Peace of Westphalia laid the foundation for a new model of international law based on the principles of equality and sovereignty. This resulted in a horizontal, decentralized system where states create their own laws and agreements.

The Treaty of Versailles, signed in 1919, aimed to establish peace and justice after World War I. However, it imposed harsh penalties on Germany, contributing to resentment and instability.

The League of Nations was an international organization formed after World War I to promote global cooperation and prevent future conflicts. However, its structure and limitations ultimately proved ineffective in resolving international disputes.

The Kellogg-Briand Pact, also known as the Treaty of Paris (1928), was an international agreement that aimed to outlaw war as an instrument of national policy. Despite widespread participation, it failed to prevent the outbreak of World War II.

The inter-war period witnessed a shift in international law concerning the use of force. The League of Nations imposed rules aiming to restrain states from engaging in warfare, however, these rules did not completely eliminate war as a tool of national policy.

The invasion of Poland by Nazi Germany on September 1st, 1939, triggered the beginning of World War II. This aggression marked a turning point, demonstrating the failure of international law to prevent major conflicts and the rise of international aggression.

The end of World War II resulted in a profound shift in international power dynamics and geopolitical landscape. Germany faced a period of occupation and division, as did Europe, marking a period of restructuring and instability.

Entities with rights and obligations under international law.

States, international organizations, and individuals can all be subjects of international law.

A recognized entity with rights and duties under international law, capable of participating in international legal processes.

The ability of a subject to create international rules through treaties or other means, like States.

The ability of a subject to benefit from international laws and have rights under them, like individuals.

States typically have both active and passive international legal personality. They create treaties and other legal instruments and also benefit from them.

Individuals typically have passive international legal personality, benefiting from rights guaranteed by international law.

The ability of an entity to take action in the international arena, even without having full legal personality.

The concept that people should have the right to determine their own political systems and governing structures, primarily within their state.

The original understanding of the UN Charter's 'self-determination of peoples' focused on democracy within existing states, as a response to the atrocities committed by Nazi Germany.

During the early years of the UN, 'self-determination of peoples' came to be understood as the right of colonial peoples to become independent states.

The UN General Assembly issued resolutions proclaiming the right of colonial peoples to independence, making 1960 a significant year for decolonization.

The fight against colonialism was not only about political freedom but also about a deep-seated moral imperative to end subjugation.

Over time, the right of peoples to self-determination evolved into a legal obligation, becoming a cornerstone of international law.

The UN Charter's ambiguous language on self-determination was debated by member states, reflecting different motivations and interpretations.

The Charter was negotiated amidst the legacy of colonial powers and international tensions, making the meaning of self-determination difficult to define.

A situation where a state separates from a larger entity, typically without its consent. It's like a child deciding to move out of their parents' house without their approval.

The principle that a state has the right to govern its own territory without interference from other states.

The legal argument that Kosovo's independence was justified because it was necessary to address past injustices, like ethnic cleansing and crimes committed by Serbia.

The International Court of Justice (ICJ) concluded that there is no general international law prohibiting unilateral secession.

Legal obligations that exist between independent states regarding their territorial integrity and sovereignty.

The act of declaring independence, typically by representatives of the people who are not yet recognized as a government.

The argument that Kosovo's secession could not violate territorial sovereignty because it was a state-in-the-making, only existing as a future state after the declaration of independence.

The principle that a state's existence as a sovereign entity comes into effect after declaring its independence.

The Stimson Doctrine is a principle of international law that refuses to recognize a situation arising from a grave violation of international law. It states that recognition of a fait accompli (accomplished fact) achieved through illegal means should be denied to uphold international law and discourage future breaches.

The Stimson Doctrine emerged in response to Japan's illegal invasion of Manchuria in 1931, forming the independent state of Manchukuo. The United States, under Secretary of State Henry Stimson, refused to recognize this new state, emphasizing the importance of upholding international law and deterring future aggression.

The Stimson Doctrine aims to prevent the acceptance of actions that violate international law. By refusing to recognize an illegal situation, the doctrine discourages future breaches by demonstrating the consequences of violating international norms.

The Stimson Doctrine reinforces the principle that actions contrary to international law cannot be legitimized through recognition. It implies that creating a new state or situation through illegal means will not be accepted by the international community.

The Stimson Doctrine adds to the body of customary international law, which develops from consistent state practice and legal opinions. While not codified in a treaty, the principle gained acceptance through state actions and the shared belief that a situation built on a grave breach of law is not acceptable.

The Stimson Doctrine highlights the importance of the Pact of Paris (also known as the Kellogg-Briand Pact), a 1928 treaty that renounced war as an instrument of national policy. The doctrine's application to the Manchuria conflict can be seen as a direct response to the violation of this treaty's prohibition against the use of force.

While the League of Nations was established after World War I to promote international peace and cooperation, the United States itself did not join the organization due to congressional opposition to the Treaty of Versailles, which included the League's covenant. The United States' absence significantly weakened the League's effectiveness.

A grave breach of international law constitutes a serious violation of a fundamental principle or rule of international law. Examples include genocide, crimes against humanity, and aggression. These breaches are considered serious enough to warrant responses from the international community.