Abstract
This paper aims to investigate some of the main features of sixteenth century international law in order to challenge traditional international law foundations. By exploring concrete cases, and indicating situations in which state and non-state actors resorted to international norms in order to promote trade and celebrate peace treaties, it is inquired whether some pre-Westphalia international trade and warfare practices may be defined as the beginning of “modern” international law.
Highlights
Modern international trade may be associated with the change in the European system of production from feudalism to the mercantilist model, enabling the rise of commercial routes in Europe and beyond (Huberman, Waisberg2009: 84-153).1 Its international character is shaped by the discovery of America and the global navigation to India (Keohane and Nye, 2000: 104-119)
The official beginning of modern international law is commonly attributed to the signing of the Westphalia Treaty in 1648, almost two centuries later
The main legal justification for this late origin of modern international law is attributed to the establishment of the notion of sovereign European states, as a result of a multilateral agreement, known as the Peace of Westphalia (Cassese, 2005: 22-34, Shaw, 2003: 22)
Summary
The Treaty of Tordesillas and the (re)Invention of International Law in the Age of Discovery O Tratado de Tordesilhas e a Prática Internacional do Comércio: considerações sobre a (re)invenção do Direito Internacional na Era dos Descobrimentos
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