TY - JOUR
T1 - Delenda est haec Carthago: The Ostend Company As A Problem Of European Great Power Politics (1722-1727)
AU - Dhondt, Frederik
PY - 2016/2/17
Y1 - 2016/2/17
N2 - The Ostend Company (1722-1731) is a symbol of present-day Belgium’s strangling by European Great Power politics in the Ancien Régime, and more specifically of the limitations imposed on the Southern Netherlands by the Dutch Republic in 1648. The present contribution analyses the right of Emperor Charles VI to send out ships to the East Indies. Pamphlets by Abraham Westerveen and Jean Barbeyrac, argued for the exclusion of the Southern Netherlands based on the Treaty of Munster. Against this, Patrice de Neny and Jean du Mont invoked the peremptory character of the natural law-rules governing free trade. However, the Treaty of Commerce concluded between Charles VI and Philip V, King of Spain, on 1 May 1725, constituted a strong basis to refute the Dutch attacks. Yet, norm hierarchy between the balance of power inscribed in the Peace of Utrecht and secondary bilateral treaties between sovereigns dominated multilateral diplomacy after 1713 and prejudiced the “Belgian” East India trade.
AB - The Ostend Company (1722-1731) is a symbol of present-day Belgium’s strangling by European Great Power politics in the Ancien Régime, and more specifically of the limitations imposed on the Southern Netherlands by the Dutch Republic in 1648. The present contribution analyses the right of Emperor Charles VI to send out ships to the East Indies. Pamphlets by Abraham Westerveen and Jean Barbeyrac, argued for the exclusion of the Southern Netherlands based on the Treaty of Munster. Against this, Patrice de Neny and Jean du Mont invoked the peremptory character of the natural law-rules governing free trade. However, the Treaty of Commerce concluded between Charles VI and Philip V, King of Spain, on 1 May 1725, constituted a strong basis to refute the Dutch attacks. Yet, norm hierarchy between the balance of power inscribed in the Peace of Utrecht and secondary bilateral treaties between sovereigns dominated multilateral diplomacy after 1713 and prejudiced the “Belgian” East India trade.
KW - legal history
KW - 18th century history
KW - early modern history
KW - history of international law
KW - law of nations
UR - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2503831
U2 - 10.3406/rbph.2015.8840
DO - 10.3406/rbph.2015.8840
M3 - Article
VL - XCLIII
SP - 397
EP - 437
JO - Revue Belge de Philologie et d'Histoire
JF - Revue Belge de Philologie et d'Histoire
SN - 0035-0818
IS - 2
ER -