The Epochs of International LawWalter de Gruyter, 6 feb 2013 - 802 pagina's 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. |
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IV The Legal Institutions of the New Colonial Law of Nations | 467 |
The Breakthrough of the Concept of the NationState | 483 |
II Humanitarian Intervention | 487 |
The Independence of the Latin American Republics and the Classical Doctrine of Recognition | 497 |
The Consent of States as a Source of International Law | 503 |
Codification Conferences and LawMaking Treaties | 512 |
The Rebirth of Arbitration | 517 |
The Completion of the Classical Law of War and Neutrality | 525 |
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II Personalisation and Territorial Allegiance | 64 |
III Openness | 67 |
IV Feuds and the Right of Resistance | 69 |
Approbation and Recognition | 75 |
Natural Law and Treaty Practice | 83 |
Treaty Law and Customary Law | 88 |
The Development and Structure of Medieval Arbitration | 93 |
The Idea and Reality of the Just War | 105 |
II The Teaching of the Church | 106 |
III The Real Face of War | 113 |
IV The Treuga Dei | 115 |
V The Roman Tradition | 116 |
Adjudication and Occupation | 119 |
Claims by the Coastal States | 129 |
PART TWO Ius inter gentes The Law of Nations in the Spanish Age 14941648 | 135 |
Chapter One The Predominance of Spain in the State System | 137 |
The Laws of the European Family of Christian Nations | 141 |
No Peace Beyond the Line | 152 |
The Early Modern States | 163 |
II The Shape of the Early Modern State in the Age of Emerging Absolutism | 171 |
III Religious Intervention | 177 |
The Recognition of the Independence of the Netherlands | 183 |
Ius naturae and ius voluntarium | 187 |
Sovereigns as Treaty Partners | 196 |
The Decline of Arbitration | 199 |
The Genesis of the Classical Law of War | 201 |
II Changes in the Just War Doctrine | 203 |
Chapter Eight The Institutions of the Law of Nations for the Formation of a Territorial Order in the Age of Discoveries | 229 |
II The Papal Investiture and the Raya of Tordesillas | 233 |
III Discovery as a Title for the Acquisition of Colonial Territories | 250 |
Mare clausum vs mare liberum | 257 |
PART THREE Droit Public de lEurope The International Legal Order during the French Age 16481815 | 277 |
Chapter One The Age of French Predominance in the State System | 279 |
European Balance of Power Dynastic Solidarity Colonial Expansion | 287 |
II The Wider System of the European Balance of Power | 294 |
Closed Territorial States | 317 |
II The Emergence of Modern State Borders | 321 |
III Political Intervention in the Name of Balance of Power and Convenience | 332 |
The Recognition of the Independence of the United States | 343 |
Law of Nature and raison detat | 349 |
II The Practice of Concluding Treaties in a World Ruled by raison detat | 360 |
The Nadir of International Arbitration | 363 |
Cabinat Wars and Contractual Neutrality | 367 |
I General Reprisals | 368 |
II The Classical Concept of War and the Beginnings of a Law of Neutrality | 371 |
Symbolic and Effective Occupation | 395 |
I The Demise of the Sovereignty of the Sea and the Changed Meaning of the Sea Ceremonial | 403 |
Neutral Rights in Wartime as liberté des mers | 405 |
The Rule of the War of 1756 and the Doctrine of Continuous Voyage | 407 |
IV Freedom of the Seas as the Freedom of Neutral Trade in War | 410 |
Postulates and Ideological Programmes Relating to the Law of Nations | 413 |
II Nation and Sovereignity as Central Concepts of the Revolutionary Law of Nations | 414 |
III Nonintervention and Collective Security as Principles Intervention and Aggressive War as Practice | 416 |
IV The Right of SelfDetermination as a Consequence of the Sovereignty of the People | 420 |
The Adversary as a Criminal | 422 |
PART FOUR International Law The International Legal Order of the British Age 18151919 | 425 |
Chapter One British Predominance in the State System | 429 |
III The Age of Bismarck 18711890 | 438 |
IV The Desintegration of the European Order 18901919 | 440 |
V The Rise of the Empire | 442 |
The Idea of Civilisation and a Universal International Law in a Global State System | 445 |
II The WorldWide State System and Global Equilibrium | 458 |
III The Widening of the European Law of Nations to Universal International Law | 462 |
II The Right of Sovereign States to Wage War | 530 |
III Continental and British Conceptions of War | 534 |
IV Institutional Neutrality | 535 |
Acquisition of Territory by Effective Occupation | 543 |
Freedom of the Seas under British Maritime Dominion | 551 |
The Fall of the Barbary States | 552 |
The Fight Against the Slave Trade | 554 |
The Naval Forces of Rebels and Unrecognised States | 569 |
PART FIVE International Law and the League of Nations The International Legal Order of the InterWar Period 19191944 | 573 |
Chapter One The Transition Period of the AngloAmerican Condominium | 575 |
A Global Community Dominated by the West | 581 |
III The League of Nations and the KelloggBriand Pact as Instruments of the AngloAmerican Comdominium | 585 |
The Modern State in the Age of Mass Democracy | 589 |
II Collective and Cold Intervention | 592 |
The Stimson Doctrine of NonRecognition | 599 |
The Turn Away from Positivism A Frenzy of LawMaking | 603 |
Euphoria in Codification Differentiation among Types and the Registration of Treaties | 606 |
Compulsory Arbitration and the Permanent Court of International Justice | 611 |
II The Authority and Deficiencies of the Permanent Court of International Justice | 612 |
III The Failure of the System of War Prevention | 616 |
The Outlawry of War and Sanctions | 619 |
II Reprisals as a Substitute for War and as a Means of Escalating Warfare | 624 |
Contiguity and Sectoral Demarcation | 627 |
The Decline of Neutral Rights | 631 |
II LongDistance Blockade and Economic Warfare | 634 |
International Law in the Age of AmericanSoviet Rivalry and the Rise of the Third World 19451989 | 637 |
Chapter One The Bipolar World System Dominated by Two SuperPowers | 639 |
II The Power and Impotence of the Superpowers | 640 |
III Cold War Containment Detente | 642 |
A Universal Community without Common Values | 645 |
II A Universal Legal Community Rising Above Ideological Dissent | 646 |
III The Decline of the Trusteeship System as a Result of Decolonisation | 649 |
A Heterogeneous World of States | 651 |
II Antagonism between SupraNational Integration and National Sovereignty | 652 |
The Protection of Human Rights and the Brezhnev Doctrine of Fraternal Support | 654 |
Peaceloving as a Criterion for Membership of the United Nations | 659 |
The Role of the United Nations in the Creation of Law | 663 |
II Soft Law and ius cogens | 664 |
Preeminence of Political Rather than Judicial Settlement of Disputes | 667 |
Ius contra bellum and the Use of Force in Practice | 673 |
Sanctions SelfDefence EnemyStates Clauses | 674 |
III Bellum iustum or bellum legale | 677 |
V Wars of Liberation and Other Interpretations of the Just War Conflicting with the United Nations Charter | 680 |
Deficiencies in the System and a Return to the Institutions of Classical International Law | 682 |
The Distribution of the Last Unoccupied Regions of the Earth Air and Space Law | 685 |
The Common Heritage of Mankind | 689 |
Conclusion | 695 |
PART SEVEN Epilogue Epilogue An International Community with a Single Superpower | 699 |
I Epilogue to the Cold War | 701 |
A New Communitarian Approach v The Hegemony of a Single Superpower | 703 |
A Heterogeneous Multitude of States in a Process of Globalisation | 706 |
IV The Rise of the NonState Actor | 709 |
Recognition of the Yugoslav Successor States | 710 |
VI Democracy and International Law | 711 |
The Changing Emphasis of Codification | 712 |
VIII Public Interest Norms | 714 |
International Tribunals for War Crimes | 717 |
War Civil War Internal Anarchy | 718 |
The Enviroment as the Common Concern of Humankind | 721 |
The Fate of the 1982 United Nations Convention and the International Tribunal in Hamburg | 723 |
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Sources of Illustrations | 761 |
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