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The Epochs of International Law - Wilhelm G. Grewe

The Epochs of International Law

By: Wilhelm G. Grewe, Michael Byers (Adapted By)

Hardcover Published: 9th June 2000
ISBN: 9783110153392
Number Of Pages: 802
For Ages: 22+ years old

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Wilhelm G. Grewe's "Epochen der Volkerrechtsgeschichte", 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.

Prefacep. VII
Translater's Notep. IX
Preface to the Second Editionp. XI
Preface to the First Editionp. XII
Introductionp. 1
The Periodisation of the History of International Lawp. 1
The Origins of the Law of Nationsp. 7
International Legal Orders of the Modern State Systemp. 13
Ius gentium: The Structure of the Law of the Nations during the Middle Ages
Unity and Subdivision of the Occident under the Dyarchy of Emperor and Popep. 37
The Structure of Political Forcesp. 37
The "Middle Ages" and the Stages of Their Legal Developmentp. 39
The Unity of Church and Empire and the Two Ministeriap. 40
Political and Territorial Subdivisionp. 48
The Foundation of the International Legal Community: The Occidental Christian Communityp. 51
The Subjects of the International Legal Community: The Polities of the Feudal Agep. 61
Feudalismp. 62
Personalisation and Territorial Allegiancep. 64
"Openness"p. 67
Feuds and the Right of Resistancep. 69
Admission to the Family of Nations: Approbation and Recognitionp. 75
Law-Making: Natural Law and Treaty Practicep. 83
The Law of Nations in the Hierarchy of the Scholastic System of Natural Lawp. 83
The Practice of Law-Making: Treaty Law and Customary Lawp. 88
The Judiciary: The Development and Structure of Medieval Arbitrationp. 93
Law Enforcement: The Idea and Reality of the "Just War"p. 105
War and Feudp. 105
The Teaching of the Churchp. 106
The Real Face of Warp. 113
The "Treuga Dei"p. 115
The Roman Traditionp. 116
The Legal Forms of Territorial Settlement: Adjudication and Occupationp. 119
Law and Dominion of the Sea: Claims by the Coastal Statesp. 129
Ius inter gentes: The Law of Nations in the Spanish Age 1494-1648
The Predominance of Spain in the State Systemp. 137
The Foundation of the International Legal Community: The Laws of the European Family of Christian Nationsp. 141
Christianitas afficta: Christendom in the Age of the Confessional Schismp. 141
The Closed System of the European Balance of Power: "No Peace Beyond the Line"p. 152
The Subjects of the International Legal Community: The Early Modern Statesp. 163
The Formation of Modern States in Europep. 163
The Shape of the Early Modern State in the Age of Emerging Absolutismp. 171
Religious Interventionp. 177
Admission to the International Law Community: The Recognition of the Independence of the Netherlandsp. 183
Law-Making: Ius naturae and ius voluntariump. 187
The Law of Nations in the Natural Law System of the Spanish Late Scholastics and of Grotiusp. 187
The Practice of Law-Making: Sovereigns as Treaty Partnersp. 196
The Judicial Settlement of International Disputes: The Decline of Arbitrationp. 199
Law Enforcement: The Genesis of the Classical Law of Warp. 201
"Special Reprisals"p. 201
Changes in the Just War Doctrinep. 203
The Institutions of the Law of Nations for the Formation of a Territorial Order in the Age of Discoveriesp. 229
The Legal Titles of Overseas Expansionp. 229
The Papal Investiture and the "Raya" of Tordesillasp. 233
Discovery as a Title for the Acquisition of Colonial Territoriesp. 250
Law and Dominion of the Sea: Mare clausum vs. mare liberump. 257
Droit Public de l'Europe: The International Legal Order during the French Age 1648-1815
The Age of French Predominance in the State Systemp. 279
The Foundations of the International Legal Community: European Balance of Power, Dynastic Solidarity, Colonial Expansionp. 287
Christendom and Europe in the Age of Tolerancep. 287
The "Wider" System of the European Balance of Powerp. 294
The Subjects of the International Legal Community: Closed Territorial Statesp. 317
The Modern State in the Age of Mature Absolutismp. 317
The Emergence of Modern State Bordersp. 321
Political Intervention in the Name of "Balance of Power" and "Convenience"p. 332
Admission to the Family of Nations: The Recognition of the Independence of the United Statesp. 343
The Formation of Legal Rules: Law of Nature and raison d'etatp. 349
The Law of Nations in the Natural Law System of Rationalismp. 349
The Practice of Concluding Treaties in a World Ruled by raison d'etatp. 360
Judicature: The Nadir of International Arbitrationp. 363
Law Enforcement: Cabinat Wars and Contractual Neutralityp. 367
"General Reprisals"p. 368
The Classical Concept of War and the Beginnings of a Law of Neutralityp. 371
The Laws of Territorial Settlement: Symbolic and Effective Occupationp. 395
Law and Dominion of the Sea: Neutral Rights in Wartime as "liberte des mers"p. 403
The Demise of the Sovereignty of the Sea and the Changed Meaning of the Sea Ceremonialp. 403
"Liberte de la navigation et du commerce"p. 405
Colonial Blockade: The "Rule of the War of 1756" and the "Doctrine of Continuous Voyage"p. 407
"Freedom of the Seas" as the Freedom of Neutral Trade in Warp. 410
The French Revolution: Postulates and Ideological Programmes Relating to the Law of Nationsp. 413
The Traditional Order of the Law of Nations Shakenp. 413
Nation and Sovereignity as Central Concepts of the Revolutionary Law of Nationsp. 414
Non-Intervention and Collective Security as Principles, Intervention and Aggressive War as Practicep. 416
The Right of Self-Determination as a Consequence of the Sovereignty of the Peoplep. 420
"War Against War": The Adversary as a Criminalp. 422
"International Law": The International Legal Order of the British Age 1815-1919
British Predominance in the State Systemp. 429
Britain and Europe in the Ninteenth Centuryp. 429
The Holy Alliance and the Concert of Europep. 429
The Age of Bismarck (1871-1890)p. 438
The Desintegration of the European Order (1890-1919)p. 440
The Rise of the Empirep. 442
The Foundations of the International Legal Community: The Idea of Civilisation and a Universal International Law in a Global State Systemp. 445
The Society of "Civilised Nations"p. 445
The World-Wide State System and Global Equilibriump. 458
The Widening of the European Law of Nations to Universal International Lawp. 462
The Legal Institutions of the New Colonial Law of Nationsp. 467
The Subjects of International Law: The Breakthrough of the Concept of the Nation-Statep. 483
Constitutionalism and the Rule of Lawp. 483
Humanitarian Interventionp. 487
Admission to the Familiy of Nations: The Independence of the Latin American Republics and the Classical Doctrine of Recognitionp. 497
Law-Making: The Consent of States as a Source of International Lawp. 503
Positivism in International Lawp. 503
The Practice of Law-Making: Codification Conferences and Law-Making Treatiesp. 512
Adjucation: The Rebirth of Arbitrationp. 517
Law Enforcement: The Completion of the Classical Law of War and Neutralityp. 525
Peace Time Reprisals and Pacific Blockadep. 525
The Right of Sovereign States to Wage Warp. 530
Continental and British Conceptions of Warp. 534
Institutional Neutralityp. 535
The Law of Territorial Settlement: Acquisition of Territory by Effective Occupationp. 543
Law and Dominion of the Sea: Freedom of the Seas under British Maritime Dominionp. 551
Britain's Role in the Law of Naval Warfarep. 551
Piracy: The Fall of the Barbary Statesp. 552
"Quasi-Piracy": The Fight Against the Slave Tradep. 554
"Quasi-Piracy": The Naval Forces of Rebels and Unrecognised Statesp. 569
International Law and the League of Nations: The International Legal Order of the Inter-War Period 1919-1944
The Transition Period of the Anglo-American Condominiump. 575
The Foundations of the International Legal Community: A Global Community Dominated by the Westp. 581
The Post-Classical System of International Lawp. 581
Mankind as a World-Wide Legal Communityp. 581
The League of Nations and the Kellogg-Briand Pact as Instruments of the Anglo-American Comdominiump. 585
The Subjects of International Law: The Modern State in the Age of Mass Democracyp. 589
The State as a Self-Organised Societyp. 589
Collective and "Cold" Interventionp. 592
Admission to the International Legal Community: The Stimson Doctrine of Non-Recognitionp. 599
The Formation of Legal Rules: The Turn Away from Positivism; A Frenzy of Law-Makingp. 603
A Return to a Secular Law of Naturep. 603
The Practice of Law-Making: Euphoria in Codification; Differentiation among Types and the Registration of Treatiesp. 606
The Administration of Justice: Compulsory Arbitration and the Permanent Court of International Justicep. 611
The Paralysis of Arbitration through Political Crisesp. 611
The Authority and Deficiencies of the Permanent Court of International Justicep. 612
The Failure of the System of War Preventionp. 616
Law Enforcement: The Outlawry of War, and Sanctionsp. 619
The Prohibition of War by the Covenant of the League of Nations and the Kellogg-Briand Pactp. 619
Reprisals as a Substitute for War and as a Means of Escalating Warfarep. 624
The Laws of Territorial Settlement: Contiguity and Sectoral Demarcationp. 627
Law and Dominion of the Sea: The Decline of Neutral Rightsp. 631
From Neutrality to "Non-Belligerence"p. 631
Long-Distance Blockade and Economic Warfarep. 634
United Nations: International Law in the Age of American-Soviet Rivalry and the Rise of the Third World 1945-1989
The Bipolar World System Dominated by Two Super-Powersp. 639
1945 - A Turning Point in the History of International Law?p. 639
The Power and Impotence of the Superpowersp. 640
Cold War, Containment, Detentep. 642
The Foundations of the International Legal Community: A Universal Community without Common Valuesp. 645
An Organised Community of Nationsp. 645
A Universal Legal Community Rising Above Ideological Dissentp. 646
The Decline of the Trusteeship System as a Result of Decolonisationp. 649
The Subjects of International Law: A Heterogeneous World of Statesp. 651
Diversity of Political Systems and the Beginnings of a Communicative Societyp. 651
Antagonism between Supra-National Integration and National Sovereigntyp. 652
Intervention: The Protection of Human Rights and the Brezhnev Doctrine of "Fraternal Support"p. 654
Admission to the International Legal Community: "Peaceloving" as a Criterion for Membership of the United Nationsp. 659
The Formation of Legal Rules: The Role of the United Nations in the Creation of Lawp. 663
A New Wave of Codificationp. 663
"Soft Law" and ius cogensp. 664
Adjudication: Preeminence of Political Rather than Judicial Settlement of Disputesp. 667
Law Enforcement: Ius contra bellum and the Use of Force in Practicep. 673
A Prohibition on the Use of Force, but no Enforcement Mechanismp. 673
Exceptions to the Prohibition on the Use of Force: Sanctions, Self-Defence, "Enemy-States" Clausesp. 674
Bellum iustum or bellum legalep. 677
American Conceptions of the "Just and Limited War"p. 677
"Wars of Liberation" and Other Interpretations of the Just War Conflicting with the United Nations Charterp. 680
Reprisals and Intervention: Deficiencies in the System and a Return to the Institutions of Classical International Lawp. 682
Legal Forms of Territorial Settlement: The Distribution of the Last Unoccupied Regions of the Earth; Air and Space Lawp. 685
Law and Dominion of the Sea: The "Common Heritage of Mankind"p. 689
Conclusionp. 695
Epilogue
Epilogue: An International Community with a Single Superpowerp. 701
Epilogue to the Cold Warp. 701
The Foundations of the International Legal Community: A New Communitarian Approach v. The Hegemony of a Single Superpowerp. 703
The Subjects of International Law: A Heterogeneous Multitude of States in a Process of Globalisationp. 706
The Rise of the Non-State Actorp. 709
Admission to the International Legal Community: Recognition of the Yugoslav Successor Statesp. 710
Democracy and International Lawp. 711
Law-Making: The Changing Emphasis of Codificationp. 712
Public Interest Normsp. 714
Adjudication: International Tribunals for War Crimesp. 717
Law Enforcement: War, Civil War, Internal Anarchyp. 718
Territorial Settlement: The Environment as the Common Concern of Humankindp. 721
Law of the Sea: The Fate of the 1982 United Nations Convention and the International Tribunal in Hamburgp. 723
Bibliographyp. 727
Sources of Illustrationsp. 761
Name Indexp. 763
Subject Indexp. 773
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9783110153392
ISBN-10: 3110153394
Audience: Professional
For Ages: 22+ years old
Format: Hardcover
Language: English
Number Of Pages: 802
Published: 9th June 2000
Country of Publication: DE
Dimensions (cm): 23.01 x 15.8  x 4.37
Weight (kg): 1.18

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