Peace Of Westphalia Research Articles

Iconography of Peace Сongresses during the Formation of the Westphallian System

The formation of the first state system in Europe took place from the conclusion of the Peace of Westphalia in 1648, as a result of the Thirty Years’ War (1618-1648), to the Utrecht (1713), Rastatt-Baden (1714) and Nystad Congresses (1721) which finished the end of the war of the Spanish Succession and the Northern war. The legal fixation of the Westphallian system was accompanied by its public perception and acceptance. First of all, this was demonstrated by International Congresses, which were not only a common negotiation process, but also a place of representation of the significance and culture of each state. In fact, the European Congress was a carefully designed triumph of Рeace within the continent, which required considerable funds, was widely covered in the press and glorified in celebrations, paintings, plastic art, release of commemorative medals, poetry and even fashion. The article presents the most striking examples of iconography of Peace Congresses. The author believes that their performative nature and iconography, emphasizing the European character of Peace and the protopatriotic moods that it evoked, made a significant contribution to the civilization heritage of Europe.

The influence of socio-political events in Europe in the XVI-XVII centuries on the development of legal doctrine of Modern history

In the history of the country’s development there are periods in which significant changes in social, political and economic life take place. These undoubtedly include the period of the European Reformation of the XVI-XVII centuries. Socio-political events in critical periods are at the same time the source of development in the legal sphere, when often in the struggle crystallize new, necessary for the development of the state, legal provisions of a doctrinal nature. The aim of this paper is to analyze the socio-political events in Europe in the XVI-XVII centuries, the results of the Thirty Years’ War and the significance of the Peace of Westphalia in 1648 in terms of influencing the development of legal doctrine of Modern history, and also to provide a comparison with the peculiarities of the socio-political situation that took place in the Ukrainian lands of that time. It is noted that since the beginning of the XVI century. almost the entire world of that time was covered by the Reformation. First of all, it was a broad socio-political movement that took the form of a struggle with the Catholic Church. Against this backdrop of socio-political and economic change, Protestantism has become widespread throughout Europe, associated with the names of Martin Luther, Jean Calvin, and Ulrich Zwingli. At the same time, the Catholic Church and the Jesuits opposed the Reformation and led the Counter-Reformation. The result of this confrontation was the Thirty Years’ War - the first pan-European war of 1618 – 1648 between the Catholic Union and the coalition of Protestant states. In European history, this war has remained one of the most terrible European conflicts. Historians estimate that more than 2 million military and more than 6 million civilians were killed. Thirty Years’ War in Europe in the XVII century. ended with the signing in 1648 at the same time in Münster and Osnabrück peace treaty, which was called the Peace of Westphalia in 1648. It is emphasized that the Peace of Westphalia contains a number of provisions of a doctrinal nature. It is made conclusion that this treaty was the source of modern international law and had a long-term impact on the development of relations between states. Among the most important principles of doctrinal nature are the following: state sovereignty has become a universally recognized legal category; the principle of freedom of conscience is recognized with certain restrictions; the idea of sovereignty and independence of each state was opposed to the idea of a single Christian community; proclaimed the idea of ensuring certain human rights, especially the principle according to which private property and the rights of citizens of a hostile state could not be changed by war. Ukrainian ties with European events of that era also took place. This was reflected in the text of the Treaty of Osnabrück, where Ukrainians are noted as allies of Sweden, and the Treaty determined the relevant international legal status of Transylvania at that time. It is noted that the period of the Reformation coincides with the events in Ukraine, as a result of which the Ukrainian Liberation War began, led by Bohdan Khmelnytsky. Keywords: European Reformation, Peace of Westphalia, legal doctrine, origins of law, the Revolution of Bohdan Khmelnytsky.

MYKOLA DILETSKY’S “MUSICAL GRAMMAR” IN THE CONTEXT OF ENLIGHTENMENTAL TRENDS OF THE 17TH CENTURY

Western European civilization of the XVII century is marked by the active initiation of educational projects, which against the background of numerous religious conflicts contributed to the understanding and establishment of a new system of international relations. In particular, thanks to the signing of the Treaty of Westphalia in 1648, Roman Catholic Christianity and the Protestant churches were equal in rights. At the same time, the national liberation war began in Ukraine under the leadership of Bohdan Khmelnytsky, and in the Moscow principality, on the initiative of Patriarch Nikon, the liturgical reform of the Orthodox rite intensified. All these changes had a religious context and were based on important socio-cultural and educational reforms – printing houses were established, where spiritual polemical literature and church books were printed, music chapels were organized, schools were opened, and so on. In Ukraine, in particular, party polyphony is spreading and universal primary music education is being established, which has contributed to raising the level of musical education of Ukrainians. At this time, talented Ukrainians study at Kyiv-Mohyla or Vilnius Academy, which was famous for its high level of education. Thus, the activity of the Ukrainian composer and theorist, author of the first national music-theoretical treatise “Musical Grammar” – Mykola Diletsky began with Vilna. He became one of a large cohort of educated Ukrainians – theologians, philosophers, writers and musicians, whose efforts were aimed at reforming the liturgical rite of the Moscow principality. For this purpose, he wrote “Grammar of Music” in Vilnius – the result of conscious pedagogical work aimed at spreading polyphonic singing to the East – through Smolensk to Moscow and St. Petersburg. As a result, M. Diletsky’s activity outside Ukraine fully corresponded to the educational tendencies of that time, however, the name of our talented compatriot is still assigned in Russian scientific circles. Therefore, the priority task of Ukrainian musicological thought continues to be the coverage of the activity and popularization of the composer's work of Mykola Diletsky, who actively worked in line with the European educational tendencies of the 17th century.

Behaviour Strategies of the Foreign Diplomats at the Perpetual Diet of the Holy Roman Empire in the 18th Century

The article analyses the changes that took place in the official diplomatic communication of European rulers after the Thirty Years' War and the conclusion of the Peace of Westphalia in 1648, which affirmed a number of sovereign rights to the Estates of the Holy Roman Empire of the German nation (and former vassals of the emperor), including the right to send and receive ambassadors. The new sovereigns, primarily the princes-electors, began to fight for the so-called royal honours (honores regii), which were de facto expressed in a certain set of ceremonies in relation to the ambassadors of the crowned heads and republics assimilated to them. The arena of the struggle for the royal honours was the Imperial Diet of the Holy Roman Empire in Regensburg — a general assembly of all Imperial Estates (in the middle of the eighteenth century — their representatives), by which since the end of the 17th century foreign diplomats had been accredited (first France, a little later — Great Britain, the United Provinces of the Netherlands, in the middle of the eighteenth century — Russia). Having declared their representatives in 1702 as the ministers of the first rank, the electors tried for a century to force the “old” monarchs to send ambassadors to the Diet, and they, by custom, were sent only to the sovereigns. Comparing the various ways out of the ceremonial impasse, the author comes to the conclusion that the struggle for elusive precedence, which foreign diplomats of the second rank (envoys or ministers plenipotentiary) waged with the representatives of the electors at the Imperial Diet, was a deliberately unwinnable strategy, leading either to their isolation or to the recall from their posts. A much more effective strategy that did not damage state prestige was to send to Regensburg so-called ministers without character or residents, who occupied a less honorable position in comparison with ambassadors and envoys, but according to their status were freed from the opportunity to compete with them and, as a result, to come into conflict.

From the Fuggers to the Fuggers? Can a sovereign public finance system exist in our generation? : Editor-in-Chief ’s Welcome

The Thirty Years’ War is also referred to as the world war of the 17 th century by historical science; it was one of the most devastating conflicts in Europe. Larger destruction was later caused only by the Napoleonic Wars, and even later by the First and Second World Wars. Although the Thirty Years’ War is usually referred to as a war of religion based on the unrest between Catholics and Protestants, the main fault lines ran within the Holy Roman Empire between imperial power, striving for strengthening, and the prince-electors challenging absolutism, while the Habsburgs and the Bourbons were each other’s rivals for European hegemony. The effects of the Thirty Years’ War include changes in state organisation and finance, which were brought about by the need for larger, better trained and better equipped armies of mercenaries. The 1648 Peace of Westphalia, ending the Thirty Years’ War, has been kept in historical memory as it gave way to the emergence of sovereign states. However, the most significant effect was the recognition of the fact that fighting wars and gaining power and economic influence required a robust public finance system, or, if it did not exist, banks which financed the war infinitely. That is, military success did not depend so much on the heroism and valour of soldiers but rather on the quality of the equipment of the army and the abundance of the resources in the state’s coffers backing them or the loans taken out by the state.

Establishment of sovereignty as a legal institute

This article aims to analyze the concept of sovereignty, its legal nature and its emergence as a legal category. The article is based on the norms of international law and national legislation on the concept of sovereignty. The analysis of the article refers to the scientific work of national and foreign scientists, their theoretical views. A number of proposals and recommendations have been developed based on normative legal acts and theories of scientists. The Westphalian Peace Treaty recognized the sovereignty of states over their territory. It was from this period that a number of thinkers of their time began to lay the scientific foundations for the consolidation of monarchical power and made a great contribution to the establishment of secular power. The content of sovereignty consists of socio-political and legal relations. These relations demonstrate the strong connection and interdependence of sovereignty with politics and law, as their interrelationships constitute the essence of both politics and law. The practice of international recognition (legitimization) of states or governments is evolving as opposed to the content of national state sovereignty. State sovereignty is formed on the basis of the absolute internal political processes of the state and is limited to the territory of the respective state.

СВІТОВИЙ ДОСВІД СТВОРЕННЯ ТА РОЗВИТКУ ПРИВАТНИХ ВІЙСЬКОВИХ КОМПАНІЙ ЯК ІНСТРУМЕНТА РЕАЛІЗАЦІЇ НАЦІОНАЛЬНИХ ІНТЕРЕСІВ

У статті коротко надаються історичні факти використання приватних військових компаній у світі: за часів Риму і Карфагену; часів занепаду Римської імперії; в епоху Середньовіччя; укладання Вестфальського миру; Великої Французської революції; в ХІХ столітті; в період 1940-1970 років ХХ століття. Визначаються передумови виникнення і розвитку приватних військових компаній у світі в ХХстолітті. Описується досвід США щодо нормативно – правового регулювання діяльності приватних військових компаній. Характеризуються фактори, які посилили активність розвитку приватно – військових компаній. Окреслюється перелік функцій, які можуть виконувати приватні військові компанії, а саме: воєнізована охорона людей і об’єктів, зокрема посольств або нафтопроводів; охорона гуманітарних місій; участь у миротворчих цілях, в т.ч., під егідою ООН; розмінування; розвідувальна діяльність і оцінка ситуації безпеки в регіоні; технічне обслуговування та використання бойових комплексів і техніки; боротьба з піратством; евакуація населення з територій, де точаться збройні конфлікти; професійна підготовка сил місцевої поліції або військових; здійснення функцій поліції там, де не працюють правоохоронні органи; утримання під вартою і конвоювання затриманих або ув’язнених; підготовка цивільних осіб до роботи в надзвичайній обстановці; повноцінну участь в бойових операціях – спільно з кадровими частинами або окремо. Наголошується на широкому спектрі використання приватних військових компаній у різних регіонах світу. Аналізується правова база діяльності приватних військових компаній у США, Південно – Африканській республіці, Швейцарії, Китаї. Надається перелік іноземних приватних військових компаній, які приймають найбільш активну участь сьогодні в міжнародних конфліктах. Висвітлюються факти участі Російської Федерації у конфліктах, в яких їй доводиться активно використовувати приватні військові компанії.

Inter-religious Conflict, Translation, and the Usage of the Early Modern Notion of ‘Religion’ from the Fall of Constantinople to the Westphalian Peace Treaty in 1648

Abstract The article attempts to show that the modern notion of ‘religion’ is a construction that emerged in the context of inter-religious encounters following the fall of Constantinople and especially in the years around the Reformation. Hereby, the article argues that the modern notion of ‘religion’ emerged earlier than found by most previous studies, and that it was used in the legislation of the new Protestant states as well as in the modern (Westphalian) state-system, both of which it has been a part of ever since. The notion of ‘religion’ is, thus, not a scholarly invention (J.Z. Smith) or tied to colonialism (Timothy Fitzgerald) but rather a product of complex historical processes in which religious conflicts and the attempt to overcome these played a key role.

Islam and Statism: At the intersection of the State of Medina, Modern Statism and the Islamic State

Since the Arab Spring and the rise of Islamic State, it has become a topic of discussion whether there can be a state based on Islamic principles or values. This paper argues that in modern times there cannot be a state claiming to be Islamic. So the Islamic State of Iraq and Levant or the Islamic State of Iraq and Syria or simply the Islamic State were all misnomers. After the Hijra in 7th century CE, the short lived State of Medina incorporated some of the Islamic principles and it too did not last long enough so as to appreciate the feasibility of a State that was Islamic. However, this paper doesn’t deny the fact that the States cannot espouse Islam as a directive principle in their state policy or declaration of Islam as the state religion. Nonetheless, it is argued that no state can be Islamic post the peace of Westphalia (1648). Therefore, in the 21st century there cannot be any actualization of any Islamic State unless the postcolonial history is normatively challenged. The so-called Islamic state that emerged in Syria & Iraq was a coalition of rebel forces and Mujahideen groups that tried to form a caliphate based on Islamic socio-politico and economic principles, however a futile attempt. For any new Islamic State or a caliphate to emerge, the notion of Westphalian demarcation of boundaries stands as the greatest challenge against it.

Autonomy or Sovereignty: the Case of the European Union

Summary Sovereignty is a key concept in international law and international relations. First defined and discussed by Jean Bodin, sovereignty is considered to be an inherent attribute of any state. However, the changes that international society has undergone since the Treaty of Westphalia, including the emergence of different state and non-state actors vying for power and authority, have called into question the position of the state as the main actor in the modern world. This in turn has given rise to the following questions: how should the very concept of sovereignty be understood today? Given the growing importance of international organizations and regional integrational arrangements can the concept of sovereignty be extended to cover entities other than states; and in case of the European Union, what makes us think in terms of sovereignty rather than autonomy? This analysis is an attempt to apply the concept of sovereignty to contemporary international organizations. The main thesis is as follows: in the case of international organizations, especially a new type of organization, it is also legitimate to consider a narrative in terms of sovereignty, not just autonomy. The example studied here is the European Union as an international organization-cum-regional integrational arrangement.

КОНТРРЕФОРМАЦИЯ В ГЕРМАНИИ

The article studies the Counter-Reformation process in Germany and the neighboring European ter-ritories in a wider context as a complex of geopolitical, social and religious problems growing in Europe in the 15th and the 16th centuries. The study aims at finding connections between the Reformation processes launched by Martin Luther and the subsequent course of German history during the Counter-Reformation. The article focuses on the situation in Germany against a wider background of the developments in the Holy Roman Empire of the German Nation. This paper con-tinues the author’s previous article on the German Reformation and Martin Luther’s role in it. It ex-amines the consequences of the Reformation that brought Germany on the edge of a humanitarian disaster in the Thirty Years’ War. The course of the war, as well as its geopolitical causes and con-sequences for Germany and for the whole of Europe are also investigated. The author describes and analyzes a broad historical and political context which determined the circumstances and reasons for many European states’ participation in the Thirty Years’ War, as well as the consequences of the Peace of Westphalia.

The Iran Nuclear Crisis, the Lessons of Westphalia and the Value of Biased Mediation

Abstract In this paper, I examine one component of the Peace of Westphalia: the use of biased or non-neutral mediators. Biased mediators made a significant, but not the only, contribution to the Peace of Westphalia. Contrary to the received wisdom, biased mediators can be effective in forging peace because they have a vested interest in the success or failure of a settlement, whereas neutral mediators do not have the same stakes at play. I examine the role biased mediators may play in the ongoing nuclear crisis between the U.S. and Iran.

독일의 평화 지향 역사교육 –노르트라인베스트팔렌 중등 II 역사 핵심교수계획(2014)의 사례-

This study examines Germany''s peace-oriented history education, focusing on the state of North Rhine-Westphalia (NRW). In Germany, peace education in history courses was inspired by the social movement for peace in the 1970s and has been integrated into the school curriculum since the 1990s. This study analyzes the Core Curriculum for Secondary School II History, a revised curriculum for history in upper secondary school, presented by NRW in 2014. Among the seven essential fields of contents in this curriculum, which were reconstructed as historically comprehensive, the last field, “Peace treaties and peace regimes in the modern era,” categorized the capacity for peace-building as an inevitable element of history education. The content runs through modern Europe’s peace history-from the Peace of Westphalia, Vienna Settlement, Treaty of Versailles, Cold War, and German unification to European integration. This study analyzes the following: first, the characteristics of the Core Curriculum with regards to structure, goal, and detail; second, the innovations and problems, especially with the last theme “Peace treaties and peace regimes in the modern era,” and finally, its application in school lessons, focused on the teaching model presented by the state. In conclusion, the Core Curriculum systematically introduced “peace” as an essential element of history education. However, this resulted in some challenges, for example, keeping abreast with the latest trends in peace studies and addressing them through the methodology of history education. In this regard, dialogues among historical studies, education of history, and history teachers are ongoing. Thus, cooperation and collaboration between peace practice and history education is an ongoing challenge.

The Historical Context of “A Westphalia for the Middle East?”

Abstract This article considers the fit of the “Westphalia for the Middle East” project with the historical Peace of Westphalia. It takes as its point of departure Proudhon’s distinction between the “judgment” and “reasons” of a treaty. The “reasons” behind the Peace of Westphalia include broad participation of interested parties, religious compromise, involvement of external powers in Imperial government, and ending a war. Of these, the involvement of external powers in another state’s government presents the greatest problem mapping to the Middle East, chiefly because the project proposes to treat the Middle East as a whole like the Holy Roman Empire in the Peace of Westphalia.

The alleged tension between the Global Compact for Safe, Orderly and Regular Migration and state sovereignty: ‘Much Ado about Nothing’?

AbstractIn a landmark effort to finally acknowledge the necessity to jointly respond to the global phenomenon of large movements of refugees and migrants, the process initiated in 2016 with the approval of the New York Declaration for Refugees and Migrants eventually led to the adoption of two UN Global Compacts, respectively the Global Compact for Safe, Orderly and Regular Migration (GCM) and the Global Compact on Refugees (GCR). Despite the enthusiastic support shown at first by the international community, the GCM negotiations have been more controversial and ultimately shaken by the clamorous withdrawals of several states. The main argument used by the withdrawing governments to justify the sudden refusal to adopt the GCM was based on the claim that the document − although non-binding − undermines the ‘sovereign right’ of the state. Such a claim, given the centrality that the principle of state sovereignty has acquired since the Peace of Westphalia, deserves to be further analysed from an international law perspective by resorting to the ‘sovereignty test’ developed by Schrijver. The present work, after briefly introducing the main tenets of the GCM, applies the ‘sovereignty test’ to the GCM to dissect the alleged tension between state sovereignty on the one hand and the shared approach to international migration envisaged by the pact on the other. This article’s ultimate goal is to prove that the GCM does not aim to restrain state sovereignty; rather, it strives to remind states of existing international commitments already undertaken at the regional and global level.

Konstitusi dan Nomenklatur Kebebasan Beragama: Pengalaman Berbagai Negara

This article examines the idea of religious freedom as the constitutional rights of some countries. In the beginning, the principles of freedom of religion (liberty of religion) was deeply rooted and strongly associated with the concept of 'freedom of thought and conscience', a phrase that first appeared in the Westphalia Treaty of 1648 which ended a long war in the name of religion in Europe. In this context, religious freedom was understood as freedom to believe (or not believe), adhere (or not adhere) to a religious proposition, belief or doctrine on the basis of individual experience or reasoning. It also contained the freedom to change that belief at any time if desired for the reason that basically human being through out his/her life continues to carry out what to be called as the process of preference and selection from the 'better' life. Nevertheless, religious freedom is not merely a natural right belonging to every individual but in turn also a given right granted by the state as a political authority manifested later in the respective Constitution. For this reason, the state as the holder of the people's mandate has the right to take actions in maintaining this order which in turn may in principle be possible to limit the rights of the community itself, including those relating to religion. Hence this article discusses several important matters on the issue. First, how and to what extent international law guarantees religious freedom normatively; second, how do the general portrait of various state constitutions when discussing religious freedom, and third, to what extent freedom is practically influenced by conditions such as the concept of the public sphere and the existence of a dominant majority group.

Political Economy of Imperialism in Iraq

The growing influence of America in the global economy coupled with her protectionist policies in the recent time have put pressure to comity of transitional states especially African and Middle East. The invasion of Iraq by America is the driven factor of former’s oil deposits that had been a source of interest to America. Meanwhile, Americans had over the years accused Iraq of harboring Weapons of Mass Destruction, an antic for her imperialist expedition. However, it is against this backdrop that the study geared toward appreciating co-factor variables of imperialism that had influenced American’s interest on Iraq and the attendant implication to the economies of two actors. The paper utilized mixed method approach and analyzed using analytic induction. The theoretical framework of analysis was anchored on the economic radical theory, a strand of Marxian theory of economic structuralism. The finding of the study reveals that despite the established Westphalia Treaty of 1648 on the sovereignty of nation states, Americans had devoid odds and invaded, plundered the economy of Iraq. The paper strongly recommends among others; sanctioning of America for neglecting the world standing order on sovereignty of states. Also, Iraq needs to be compensated by America through reconstruction and rehabilitation.

The Mutual Guarantee of the Peace of Westphalia in the Law of Nations and Its Impact on European Diplomacy

Abstract This paper seeks to investigate how the mutual guarantee clauses of the treaties of Westphalia, which ended the Thirty Years War in 1648, affected European diplomacy until the late eighteenth century. It will first analyse the reception and impact of the guarantee of the Peace of Westphalia in the European Law of Nations and in subsequent treaty law. Secondly, it will assess the practical impact of this feature of the Law of Nations on European diplomacy, and how this influence changed over time. This will also include an analysis of how diplomacy and shifting power-political currents altered the content of the guarantee in the Law of Nations. In analysing the guarantee’s influence on diplomacy, the paper places a particular emphasis on Franco-Imperial and Swedish-Imperial relations, as well as the perception of the guarantee among diplomats and other political actors during political, constitutional and confessional conflicts within the Holy Roman Empire.

Reflections of “Europe” and continental thinking? The language of inclusion in the Instrumenta Pacis Westphalicae (1648)

ABSTRACT The Peace Treaties of Münster and Osnabrück ended the Thirty Years’ War in 1648. While scholarship is still divided between sceptics and supporters regarding the actual impact of the Westphalian Peace on the international order in Europe, let alone the concept of continental community, this article seeks to tackle the issue from an original perspective. A close study of the language and rhetoric employed in the two Latin Instrumenta Pacis Westphalicae reveals the underlying ideas which can be seen in the discourse of Europe and continental identity.

Victorious Power and the Peoples’ Right to Self-Determination

Victorious Power and the Peoples’ Right to Self-Determination