Description
The analysis of treaties by early modern doctrine logically refers back to the general law of obligations. Validity, formation, interpretation, execution and adjudication are common topics (e.g. Vattel, Book II, Chapter XII, XVII). Yet, the final treaty of peace (Vattel, Book III, Chapters II to IV) is only one form of agreement between the belligerent parties. Truces, ceasefires and armistices can intervene (e.g. Réal de Curban, Chapter III, Section 2). Moreover, certain conventions are called “preliminaries” or “preliminary articles” of peace. Vattel treats the ‘Various conventions concluded during war” in Chapter XVI of book III of Le droit des gens.I propose to apply his taxonomy of preliminary conventions to the documents related to the War of the Spanish Succession (1700-1713/1714) and its aftermath, as published in the Corps Universel Diplomatique du Droit des Gens (Vol. VIII/1 and 2). Some bear a title that indicates a provisional existence, but have a much more lasting impact. Louis XIV and Queen Anne concluded the famous Preliminary Articles of Peace of London (nr. CXIX, 8 October 1711). This text can actually count as a blueprint of the final Peace Treaties of Utrecht, Rastatt and Baden. On the Congress of Utrecht, the Emperor and Louis XIV concluded a convention for the Evacuation of Catalonia and an “Armistice” of Italy (nr. CXLVII, 14 March 1713). A final peace treaty between Charles VI and Philip V of Spain was only concluded in 1725. In the follow-up of this “Ripperda Treaty”, two coalitions threatened to go to war. Again, “Preliminary Articles” of Peace (Vol. VIII/2, nr. LVIII, 31 May 1727) brought the sides together. This time, a “Final” treaties were only concluded in 1729 and 1731.
The published treaties will be complemented with the diplomatic correspondence I thoroughly analysed in my 2015 Monograph on the aftermath of the Peace of Utrecht. Did the diplomatico-legal framework for interpretation of these documents differ from that used to analyse “final” peace treaties, or was the categorisation in Vattel’s or Réal de Curban’s treatises more a consequence of the intellectual filiation of the law of nations, referring back to its roots in general civil law?
| Period | 26 Feb 2021 |
|---|---|
| Event title | From rules of international treaties to binding nature of contractual term: An historical and comparative study |
| Event type | Workshop |
| Location | Bologna, Italy |
| Degree of Recognition | International |