The Epochs of International Law

Author： Grewe Wilhelm G.; Other adaptation by Byers Michael

Publisher： De Gruyter‎

Publication year： 2000

E-ISBN: 9783110902907

P-ISBN(Paperback): 9783110153392

Subject：

Keyword：法律

Language： ENG

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Description

Wilhelm G. Grewe's "Epochen der Völkerrechtsgeschichte", published in 1984, is widely regarded as one of the classic twentieth century works of international law. This revised translation by Michael Byers of Duke University, Durham, North Carolina, makes this important book available to non-German readers for the first time.

"The Epocs of International Law" provides a theoretical overview and detailed analysis of the history of international law from the Middle Ages, to the Age of Discovery and the Thirty Years War, from Napoleon Bonaparte to the Treaty of Versailles, the Cold War and the Age of the Single Superpower, and does so in a way that reflects Grewe's own experience as one of Germany's leading diplomats and professors of international law.

A new chapter, written by Wilhelm G. Grewe and Michael Byers, updates the book to October 1998, making the revised translation of interest to German international layers, international relations scholars and historians as well.

Wilhelm G. Grewe was one of Germany's leading diplomats, serving as West German ambassador to Washington, Tokyo and NATO, and was a member of the International Court of Arbitration in The Hague. Subsequently professor of International Law at the University of Freiburg, he remains one of Germany's most famous academic lawyers. Wilhelm G. Grewe died in January 2000.

Professor Dr. Michael Byers, Duke University, School of Law, Durham, North Carolina, formerly a Fellow of Jesus College, Oxford, and a visiting Fellow of the Max-Planck-Institute for Comparative Public Law and International Law, Heidelberg.

Chapter

Preface

Translater’s Note

Preface to the Second Edition

Preface to the First Edition

Introduction

I. The Periodisation of the History of International Law

II. The Origins of the Law of Nations

III. International Legal Orders of the Modern State System

PART ONE. Ius gentium. The Structure of the Law of the Nations during the Middle Ages

Chapter One. Unity and Subdivision of the Occident under the Dyarchy of Emperor and Pope

I. The Structure of Political Forces

II. The »Middle Ages« and the Stages of Their Legal Development

III. The Unity of Church and Empire and the Two Ministeria

IV. Political and Territorial Subdivision

Chapter Two. The Foundation of the International Legal Community: The Occidental Christian Community

Chapter Three. The Subjects of the International Legal Community: The Polities of the Feudal Age

I. Feudalism

II. Personalisation and Territorial Allegiance

III. »Openness«

IV. Feuds and the Right of Resistance

Chapter Four. Admission to the Family of Nations: Approbation and Recognition

Chapter Five. Law-Making: Natural Law and Treaty Practice

I. The Law of Nations in the Hierarchy of the Scholastic System of Natural Law

II. The Practice of Law-Making: Treaty Law and Customary Law

Chapter Six. The Judiciary: The Development and Structure of Medieval Arbitration

Chapter Seven. Law Enforcement: The Idea and Reality of the »Just War«

I. War and Feud

II. The Teaching of the Church

III. The Real Face of War

IV. The »Treuga Dei«

V. The Roman Tradition

Chapter Eight. The Legal Forms of Territorial Settlement: Adjudication and Occupation

Chapter Nine. Law and Dominion of the Sea: Claims by the Coastal States

PART TWO. Ius inter gentes. The Law of Nations in the Spanish Age 1494–1648

Chapter One. The Predominance of Spain in the State System

Chapter Two. The Foundation of the International Legal Community: The Laws of the European Family of Christian Nations

I. Christianitas afficta: Christendom in the Age of the Confessional Schism

II. The Closed System of the European Balance of Power: »No Peace Beyond the Line«

Chapter Three. The Subjects of the International Legal Community: The Early Modern States

I. The Formation of Modern States in Europe

II. The Shape of the Early Modern State in the Age of Emerging Absolutism

III. Religious Intervention

Chapter Four. Admission to the International Law Community: The Recognition of the Independence of the Netherlands

Chapter Five. Law-Making: Ius naturae and ius voluntarium

I. The Law of Nations in the Natural Law System of the Spanish Late Scholastics and of Grotius

II. The Practice of Law-Making: Sovereigns as Treaty Partners

Chapter Six. The Judicial Settlement of International Disputes: The Decline of Arbitration

Chapter Seven. Law Enforcement: The Genesis of the Classical Law of War

I. »Special Reprisals«

II. Changes in the Just War Doctrine

Chapter Eight. The Institutions of the Law of Nations for the Formation of a Territorial Order in the Age of Discoveries

I. The Legal Titles of Overseas Expansion

II. The Papal Investiture and the »Raya« of Tordesillas

III. Discovery as a Title for the Acquisition of Colonial Territories

Chapter Nine. Law and Dominion of the Sea: Mare clausum vs. mare liberum

PART THREE. Droit Public de l’Europe. The International Legal Order during the French Age 1648–1815

Chapter One. The Age of French Predominance in the State System

Chapter Two. The Foundations of the International Legal Community: European Balance of Power, Dynastic Solidarity, Colonial Expansion

I. Christendom and Europe in the Age of Tolerance

II. The »Wider« System of the European Balance of Power

Chapter Three. The Subjects of the International Legal Community: Closed Territorial States

I. The Modern State in the Age of Mature Absolutism

II. The Emergence of Modern State Borders

III. Political Intervention in the Name of »Balance of Power« and »Convenience«

Chapter Four. Admission to the Family of Nations: The Recognition of the Independence of the United States

Chapter Five. The Formation of Legal Rules: Law of Nature and raison d’etat

I. The Law of Nations in the Natural Law System of Rationalism

II. The Practice of Concluding Treaties in a World Ruled by raison d’etat

Chapter Six. Judicature: The Nadir of International Arbitration

Chapter Seven. Law Enforcement: Cabinat Wars and Contractual Neutrality

I. »General Reprisals«

II. The Classical Concept of War and the Beginnings of a Law of Neutrality

Chapter Eight. The Laws of Territorial Settlement: Symbolic and Effective Occupation

Chapter Nine. Law and Dominion of the Sea: Neutral Rights in Wartime as »liberté des mers«

I. The Demise of the Sovereignty of the Sea and the Changed Meaning of the Sea Ceremonial

II. »Liberté de la navigation et du commerce«

III. Colonial Blockade: The »Rule of the War of 1756« and the »Doctrine of Continuous Voyage«

IV. »Freedom of the Seas« as the Freedom of Neutral Trade in War

Chapter Ten. The French Revolution: Postulates and Ideological Programmes Relating to the Law of Nations

I. The Traditional Order of the Law of Nations Shaken

II. Nation and Sovereignity as Central Concepts of the Revolutionary Law of Nations

III. Non-intervention and Collective Security as Principles, Intervention and Aggressive War as Practice

IV. The Right of Self-Determination as a Consequence of the Sovereignty of the People

V. »War Against War«: The Adversary as a Criminal

PART FOUR. »International Law«. The International Legal Order of the British Age 1815–1919

Chapter One. British Predominance in the State System

I. Britain and Europe in the Ninteenth Century

II. The Holy Alliance and the Concert of Europe

III. The Age of Bismarck (1871–1890)

IV. The Desintegration of the European Order (1890–1919)

V. The Rise of the Empire

Chapter Two. The Foundations of the International Legal Community: The Idea of Civilisation and a Universal International Law in a Global State System

I. The Society of »Civilised Nations«

II. The World-Wide State System and Global Equilibrium

III. The Widening of the European Law of Nations to Universal International Law

IV. The Legal Institutions of the New Colonial Law of Nations

Chapter Three. The Subjects of International Law: The Breakthrough of the Concept of the Nation-State

I. Constitutionalism and the Rule of Law

II. Humanitarian Intervention

Chapter Four. Admission to the Familiy of Nations: The Independence of the Latin American Republics and the Classical Doctrine of Recognition

Chapter Five. Law-Making: The Consent of States as a Source of International Law

I. Positivism in International Law

II. The Practice of Law-Making: Codification Conferences and Law-Making Treaties

Chapter Six. Adjucation: The Rebirth of Arbitration

Chapter Seven. Law Enforcement: The Completion of the Classical Law of War and Neutrality

I. Peace Time Reprisals and Pacific Blockade

II. The Right of Sovereign States to Wage War

III. Continental and British Conceptions of War

IV. Institutional Neutrality

Chapter Eight. The Law of Territorial Settlement: Acquisition of Territory by Effective Occupation

Chapter Nine. Law and Dominion of the Sea: Freedom of the Seas under British Maritime Dominion

I. Britain’s Role in the Law of Naval Warfare

II. Piracy: The Fall of the Barbary States

III. »Quasi-Piracy«: The Fight Against the Slave Trade

IV. »Quasi-Piracy«: The Naval Forces of Rebels and Unrecognised States

PART FIVE. International Law and the League of Nations. The International Legal Order of the Inter-War Period 1919–1944

Chapter One. The Transition Period of the Anglo-American Condominium

Chapter Two. The Foundations of the International Legal Community: A Global Community Dominated by the West

I. The Post-Classical System of International Law

II. Mankind as a World-Wide Legal Community

III. The League of Nations and the Kellogg-Briand Pact as Instruments of the Anglo-American Comdominium

Chapter Three. The Subjects of International Law: The Modern State in the Age of Mass Democracy

I. The State as a Self-Organised Society

II. Collective and »Cold« Intervention

Chapter Four. Admission to the International Legal Community: The Stimson Doctrine of Non-Recognition

Chapter Five. The Formation of Legal Rules: The Turn Away from Positivism; A Frenzy of Law-Making

I. A Return to a Secular Law of Nature

II. The Practice of Law-Making: Euphoria in Codification; Differentiation among Types and the Registration of Treaties

Chapter Six. The Administration of Justice: Compulsory Arbitration and the Permanent Court of International Justice

I. The Paralysis of Arbitration through Political Crises

II. The Authority and Deficiencies of the Permanent Court of International Justice

III. The Failure of the System of War Prevention

Chapter Seven. Law Enforcement: The Outlawry of War, and Sanctions

I. The Prohibition of War by the Covenant of the League of Nations and the Kellogg-Briand Pact

II. Reprisals as a Substitute for War and as a Means of Escalating Warfare

Chapter Eight. The Laws of Territorial Settlement: Contiguity and Sectoral Demarcation

Chapter Nine. Law and Dominion of the Sea: The Decline of Neutral Rights

I. From Neutrality to »Non-Belligerence«

II. Long-Distance Blockade and Economic Warfare

PART SIX. United Nations: International Law in the Age of American-Soviet Rivalry and the Rise of the Third World 1945–1989

Chapter One. The Bipolar World System Dominated by Two Super-Powers

I. 1945 – A Turning Point in the History of International Law?

II. The Power and Impotence of the Superpowers

III. Cold War, Containment, Detente

Chapter Two. The Foundations of the International Legal Community: A Universal Community without Common Values

I. An Organised Community of Nations

II. A Universal Legal Community Rising Above Ideological Dissent

III. The Decline of the Trusteeship System as a Result of Decolonisation

Chapter Three. The Subjects of International Law: A Heterogeneous World of States

I. Diversity of Political Systems and the Beginnings of a Communicative Society

II. Antagonism between Supra-National Integration and National Sovereignty

III. Intervention: The Protection of Human Rights and the Brezhnev Doctrine of »Fraternal Support«

Chapter Four. Admission to the International Legal Community: »Peaceloving« as a Criterion for Membership of the United Nations

Chapter Five. The Formation of Legal Rules: The Role of the United Nations in the Creation of Law

I. A New Wave of Codification

II. »Soft Law« and ius cogens

Chapter Six. Adjudication: Preeminence of Political Rather than Judicial Settlement of Disputes

Chapter Seven. Law Enforcement: Ius contra bellum and the Use of Force in Practice

I. A Prohibition on the Use of Force, but no Enforcement Mechanism

II. Exceptions to the Prohibition on the Use of Force: Sanctions, Self-Defence, »Enemy-States« Clauses

III. Bellum iustum or bellum legale

IV. American Conceptions of the »Just and Limited War«

V. »Wars of Liberation« and Other Interpretations of the Just War Conflicting with the United Nations Charter

VI. Reprisals and Intervention: Deficiencies in the System and a Return to the Institutions of Classical International Law

Chapter Eight. Legal Forms of Territorial Settlement: The Distribution of the Last Unoccupied Regions of the Earth; Air and Space Law

Chapter Nine. Law and Dominion of the Sea: The »Common Heritage of Mankind«

Conclusion

PART SEVEN. Epilogue. Epilogue An International Community with a Single Superpower

I. Epilogue to the Cold War

II. The Foundations of the International Legal Community: A New Communitarian Approach v. The Hegemony of a Single Superpower

III. The Subjects of International Law: A Heterogeneous Multitude of States in a Process of Globalisation

IV. The Rise of the Non-State Actor

V. Admission to the International Legal Community: Recognition of the Yugoslav Successor States

VI. Democracy and International Law

VII. Law-Making: The Changing Emphasis of Codification

VIII. Public Interest Norms

IX. Adjudication: International Tribunals for War Crimes

X. Law Enforcement: War, Civil War, Internal Anarchy

XI. Territorial Settlement: The Enviroment as the Common Concern of Humankind

XII. Law of the Sea: The Fate of the 1982 United Nations Convention and the International Tribunal in Hamburg

Bibliography

Sources of Illustrations

Name Index

Subject Index