Westphalian Peace and International Law

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Questions and Answers

What was a significant outcome of the Peace of Westphalia?

Recognition of the independence of the Dutch and Lutherian religion. (correct)

The end of the Protestant Reformation.

Establishment of a higher authority over European nations.

The Pope regained influence in European politics.

Which concept was central to the treaties of the Peace of Westphalia?

Divine Right of Kings.

Equal sovereignty of States. (correct)

Colonial supremacy.

Monarchical hierarchy.

What characterized the legal order established by the Peace of Westphalia?

A centralized authority.

Hierarchical dominance.

Horizontal and decentralized structure. (correct)

Religious over political authority.

What was the primary reason for the exhaustion of European States after the Thirty Years' War?

Religious conflicts with no clear victor. Signup and view all the answers

Which two authorities lost significant influence as a result of the Peace of Westphalia?

The Holy Roman Empire and the Pope. Signup and view all the answers

What did the model of equal sovereignty imply for the relations between States?

States act independently without a commanding authority. Signup and view all the answers

Which of the following best describes the nature of international law as established after the Peace of Westphalia?

Horizontal with decentralized principles. Signup and view all the answers

The paradigm shift after the Peace of Westphalia most significantly affected which aspect of state relations?

Concept of political sovereignty. Signup and view all the answers

What event led to the Soviet Union being expelled from the League of Nations?

Invasion of Finland Signup and view all the answers

What was Kosovo's situation in relation to international law at the time of its declaration of independence?

Kosovo's situation was considered a remedial secession. Signup and view all the answers

What was one of the key features of the Treaty of Versailles?

It served as a means of domination over Germany. Signup and view all the answers

What was the purpose of the treaty of Paris of 1928, also known as the Briand-Kellogg Pact?

To invite states to join in outlawing war Signup and view all the answers

What was Serbia's main argument against Kosovo's declaration of independence?

It breached the territorial sovereignty of Serbia. Signup and view all the answers

Which country invaded Poland to begin the Second World War?

Nazi Germany Signup and view all the answers

What conclusion did the International Court of Justice reach regarding unilateral secession?

There is no general law prohibiting unilateral secession. Signup and view all the answers

Who made declarations of independence on behalf of Kosovo?

Representatives of the people who weren't a government yet. Signup and view all the answers

What does the term 'the outlawry of war' refer to?

International agreements aimed at preventing war Signup and view all the answers

What does the painting discussed in the content represent about the world order in 1919?

Primarily white male representatives with limited diversity Signup and view all the answers

What concept does the term 'remedial secession' refer to in relation to Kosovo?

Secession as a remedy for severe violations against a group. Signup and view all the answers

What obligation does the concept of territorial integrity imply?

It is a responsibility that applies between established States only. Signup and view all the answers

What was one limitation of international law during the inter-war period?

It did not outlaw war as a national policy. Signup and view all the answers

What was the role of James Crawford during the discussions about the independence of Kosovo?

He was a famous international law professor representing Australia. Signup and view all the answers

What characterized the international community's representation at the Treaty of Versailles negotiations?

Dominance of Western powers with minimal diversity Signup and view all the answers

What does the expression 'the State doesn’t exist yet as such' imply regarding Kosovo's status?

Kosovo lacked the recognition and structure of a legitimate State prior to declaring independence. Signup and view all the answers

What is the primary role of the United Nations in relation to international law?

To maintain peace and security between nations Signup and view all the answers

Which of the following statements about individuals under international law is correct?

Individuals have legal rights that can sometimes be claimed before international courts. Signup and view all the answers

What does 'legal personality' under international law entail?

The capacity to have rights and obligations Signup and view all the answers

How do states and international organizations differ in terms of legal personality?

States are the creators of international law, while organizations are not. Signup and view all the answers

Which entity is NOT considered a subject of international law according to the content?

Local governments Signup and view all the answers

What defines active and passive personality in the context of legal personality?

Active personality is about the ability to act in international relations, while passive refers to being a recipient of rights. Signup and view all the answers

Which of the following best explains why individuals are considered 'passive' subjects of international law?

They do not sign treaties themselves. Signup and view all the answers

What is an example of an actor in international relations as mentioned in the content?

The Pope Signup and view all the answers

What was the primary reason the United States did not ratify the Peace Treaty of Versailles?

Opposition to the League of Nations covenant Signup and view all the answers

What policy did Henry Stimson advocate regarding the recognition of Manchukuo?

A refusal to recognize due to illegal use of force Signup and view all the answers

What legal principle did the Stimson Doctrine establish in international law?

A lawful situation cannot arise from a breach of international law Signup and view all the answers

In what year was Manchukuo declared, prompting Stimson's response?

1932 Signup and view all the answers

Which treaty, predating the Stimson Doctrine, aimed to prevent the use of force in international disputes?

Pact Briand-Kellogg Signup and view all the answers

Why was the League of Nations considered a weak organization?

Absence of the United States participation Signup and view all the answers

What stance did Henry Stimson encourage other governments to take regarding Manchukuo?

Follow the U.S. refusal to recognize it Signup and view all the answers

What defines 'customary international law' as mentioned in the content?

Practices based on legal opinions and customary behavior Signup and view all the answers

What was one of the initial interpretations of self-determination for peoples after World War II?

It emphasized the need for democratic governance within states. Signup and view all the answers

What did the UN Charter's reference to 'self-determination of peoples' fail to clarify initially?

Whether colonial peoples had a right to statehood. Signup and view all the answers

How was the understanding of self-determination reshaped in the first 15 years of the United Nations?

It was reframed to support the rights of colonial peoples. Signup and view all the answers

What moral imperative drove the fight against colonialism after World War II?

The belief in the right to self-determination. Signup and view all the answers

What was recognized as a legal obligation concerning colonialism shortly after the UN Charter's inception?

The right of colonial peoples to achieve independence. Signup and view all the answers

What does 1960 symbolize in the context of self-determination?

A significant turning point in recognizing self-determination legally. Signup and view all the answers

What political situation influenced the initial understanding of self-determination regarding governance after WWII?

The totalitarian practices of Nazi Germany. Signup and view all the answers

What was a common misconception about the state’s authority over its people post-WWII?

Citizens were completely subjected to state authority. Signup and view all the answers

Study Notes

Westphalian Peace and Modern International Law

The Peace of Westphalia (1648) marked a turning point, establishing the principle of state sovereignty and equality.
States are sovereign on their own territories, equal to each other, with no higher authority.
This replaced the previous hierarchical structure of the Holy Roman Empire and the Pope.
The new model is horizontal and decentralized.

Limits of International Law

The Treaty of Versailles (1919), while intended to bring peace, was also an instrument of domination, primarily over Germany.
Limitations existed in the inter-war period in the League of Nations' rules on the use of force.
The Briand-Kellogg Pact (1928) attempted to outlaw war as an instrument of state policy, nearly universally ratified.
The Second World War exposed the limits of existing international law, leading to the creation of the United Nations.

Subjects of International Law

Initially, only States were subjects of international law.
International organizations were subsequently created, expanding subjects beyond states.
Individuals also gained legal personality, holding rights and obligations under international law.
Individuals can assert these rights in domestic and sometimes international courts.

Recognition and Self-Determination

The Stimson Doctrine (1932) established a principle of non-recognition for states created through illegal use of force.
Customary international law emerged as states did not recognize the newly formed state or situation.
The Kosovo case (early 2000s) exemplified the complex issue of statehood and secession. Kosovo was a remedial secession resulting from ethnic cleansing. The International Court of Justice didn't find a general prohibition on unilateral secession in traditional international law.
The UN Charter, including the concept of the "self-determination of peoples," didn't initially address colonial peoples due to influence from huge colonial empires during the drafting.
Over time, the concept evolved to include the decolonization of peoples seeking independence.
The UN General Assembly resolutions (notably 1960) affirmed the right of colonial peoples to self-determination.
Colonialism and its eventual legal prohibition was a moral imperative first.

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Description

This quiz explores the significance of the Peace of Westphalia and its impact on the development of modern international law. It examines the evolution of state sovereignty, the limitations of international agreements like the Treaty of Versailles, and the roles of various subjects under international law. Test your understanding of these foundational concepts in international relations.