Balance of Power and Norm Hierarchy: Franco-British Diplomacy after the Peace of Utrecht offers a detailed study of French and British diplomacy in the age of ‘Walpole and Fleury’. After Louis XIV’s decease, European international relations were dominated by the collaboration between James Stanhope and Guillaume Dubois. Their alliance focused on the amendment and enlargement of the peace treaties of Utrecht, Rastatt and Baden. In-depth analysis of vast archival material uncovers the practical legal arguments used between Hampton Court and Versailles. ‘Balance of Power’ or ‘Tranquillity of Europe’ were in fact metaphors for the predominance of treaty law even over the most fundamental municipal norms. An implacable logic of norm hierarchy allowed to consolidate peace in Europe.

"This handbook contains 38 essays that provide up-to-date scholarship on all aspects of the globally important Seven Years' War (1756-1763). The volume carefully examines the three major areas of conflict in the war-Europe, South Asia, and the Americas-treating each theater as distinct from each other but often linked in ways that helped create a new geopolitics from the 1760s onward. Chapters trace the causes of the war in the interior of America; outline the triumphs of Britain and Prussia in fierce fighting across Europe; and explain how the British under the East India Company came to play an important role in South Asian politics and commerce. The handbook pays due attention to military conflict but does much more than this. It investigates social, cultural, and intellectual developments in a crucial period of reorientation during the mid-eighteenth century. The handbook is notably diverse in its authorship, with leading scholars on the Seven Years' War from Europe and South Asia as well as Britain and North America, providing perspectives from many areas outside an Anglo-American frame. It treats the Seven Years' War as a world-transformative event: important not only in its own right-in shaping commerce, politics, science, art, demography, religion, and gender during the conflict-but also central to the evolving history of South Asia, Europe, and the Americas in the second half of the eighteenth century"--

Small power diplomacy in seventeenth century Europe War, State and Society in Liège is a fascinating case study of the consequences of war in the Prince-Bishopric of Liège and touches upon wider issues in early modern history, such as small power diplomacy in the seventeenth century and during the Nine Years’ War. For centuries, the small semi-independent Holy Roman Principality of Liège succeeded in preserving a non-belligerent role in European conflicts. During the Nine Years’ War (1688–1697), however, Liège’s leaders had to abolish the practice of neutrality. For the first time in its early modern history, the Prince-Bishopric had to raise a regular army, reconstruct ruined defence structures, and supply army contributions in both money and material. The issues under discussion in War, State and Society in Liège offer the reader insight into how Liège politically protected its powerful institutions and how the local elite tried to influence the interplay between domestic and external diplomatic relationships.

The open access publication of this book was financially supported by the Swiss National Science Foundation. This volume sheds new light on modern theories of natural law through the lens of the fragmented political contexts of Italy in the eighteenth and nineteenth centuries, and the dramatic changes of the times. From the age of reforms, through revolution and the ‘Risorgimento’, the unification movement which ended with the creation of the unified Kingdom of Italy in 1861, we see a move from natural law and the law of nations to international law, whose teaching was introduced in Italian universities of the newly created Kingdom. The essays collected here show that natural law was not only the subject of a highly codified academic teaching, but also provided a broader conceptual and philosophical frame underlying the ‘science of man’. Natural law is also a language wherein reform programmes of education and of politics have taken form, affecting a variety of discourses and literary genres. Contributors are: Alberto Clerici, Vittor Ivo Comparato, Giuseppina De Giudici, Frédéric Ieva, Girolamo Imbruglia, Francesca Iurlaro, Serena Luzzi, Elisabetta Fiocchi Malaspina, Emanuele Salerno, Gabriella Silvestrini, Antonio Trampus.

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments – from the French Revolution to Napoleon’s downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

Although state transformation – continuous struggle and bargaining between rulers and their subjects, producing an unpredictable variety of political structures – is often overlooked, the process is crucial in assessing the organizational development of early modern composite monarchies and deserves further investigation. In Austria, the monarchy’s emergence as a great power required it to overcome several successive crises that culminated in the decades around 1700. The Habsburgs succeeded more by adjusting relations between Crown and lordships than through institution building. This unusual interaction of state and non-state actors resulted in an Austria that markedly deviated from the centralizing nation-state exemplified by Britain or France. The nascent Habsburg fiscal-financial-military regime transformed regional and local authority, leading to armed conflict and causing disintegration of the administrative and social fabric. From the mid-seventeenth century onward, power – whether local or central, or social or political – would undergo enormous changes. Grounded in extensive research into Czech archives and spanning an era from the Thirty Years’ War to the coronation of Charles VI, Lordship and State Transformation delves into the complex transitions that characterized the first instance of a balance of power in Europe, with a focus on its underresearched great power, the Habsburg monarchy.

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

Eighteenth-century Spain drew on the Enlightenment to reconfigure its role in the European balance of power. As its force and its weight declined, Spanish thinkers discouraged war and zealotry and pursued peace and cooperation to reconfigure the international Spanish Empire.

This book explores how states, scholars and other actors have justified war from early modernity to the present. Looking at narratives of the justification of war in theory and practice, this book offers a comprehensive investigation of the emergence of the modern international order and its normative foundation.

Interventions in other states on behalf of their populations is often portrayed as a novel phenomenon in state practice, one which breaches the old principle of sovereignty. But is this really a new practice? Patrick Milton argues that such interventions occurred frequently as far back as the 16th, 17th, and 18th centuries.