XVII-XIX)
Sistemul WESTFALIA
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• The year 1648 marks a turning point in the political consciousness of our civilization: the
moment of the transition from war to peace.
• The pleas for peace uttered by Erasmus of Rotterdam, by Sebastian Franck, by the Duc
de Sully and by such writers as Emeric Crucé
• But only with the conclusion of the Peace of Westphalia in 1648 did the European
Powers publicly acknowledge that the desire for peace was an element of their
policy. The documents signed in Osnabrück and Münster were a declaration of the
political primacy of peace.
• For the first time, this became part of practical politics and was publicly proclaimed.
• Today, at any rate, no one can make a public declaration against peace and expect
to be taken seriously in politics.
• Both in procedure and in outcome, the peace negotiations in Münster and Osnabrück
constituted the first major political conference to be held by the European powers.
This was not a Church Council, nor yet an Imperial Diet, but a meeting of independent
territorial and political entities, in which, for the first time, relevant alliances were taken
into account.
• The Holy See was present only as an observer.
• From here it was not far to the primacy of secular politics. Not that this formed any part of
the intentions of the participating Powers and monarchs. But they were creating the
preconditions for a new form of political negotiation.
• The Peace Treaty of 24 October 1648 created a paramount law, which superseded, as
specified in ART. 113, all existing 'canon and civil laws, general or particular decisions of
Councils, privileges, concessions, ordinances, commissions, prohibitions, commands,
resolutions and decrees', including 'Concordats with the Pope, the Interim of the year
1548, and secular or ecclesiastical ordinances'.
• The peace negotiations in Münster and Osnabrück thus became an exemplary case
of conflict resolution between states. In retrospect, they can be seen to have been the
model for all subsequent supra-regional conferences on European security and
collaboration.
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• The close alignment between the establishment of a state and the conclusion of a peace,
hitherto confined to individual territories, here emerges potentially, at least as part of the
logic of relations between states. Pax et pactum convertuntur.
• The Peace of Westphalia was an event that took place in a Christian world torn by
sectarian strife. By new, juridical means, it established and delimited confessional
spheres of influence. At the same time, an increasingly humanistic and irenic
atmosphere tended to defuse the theological conflict. In terms of both personal and public
commitment, there has rarely been a time when politics and religion were so closely
related. The secularization of politics was accompanied by a crescendo of personal
faith, as expressed with great sincerity in the Fürbitte des Friedens (Plea for Peace).
• Historically speaking, what was new about the ending of the Thirty Years' War resided
mainly in its juridical and diplomatic procedure and the claims to legitimacy that these
involved; it is not surprising that the dynamics of all this were largely lost on the
participants. The agony of the war itself was felt on a level that transcended individual
awareness. The provision in the Treaty of Münster for 'perpetual oblivion and amnesty for
all hostile actions carried out at any place or in any way, by either party, since the
commencement of these hostilities' [4] reveals the political will to rise above that past
agony.
• The political effects of the Peace of Westphalia, direct and indirect, cannot be
convincingly presented unless the horrors of the war devastation, expatriation, violent
injury, rape, ostracism, destruction, pestilence and death are also made clear. The loss of
irreplaceable cultural artifacts, the meteoric rises and falls of individual careers, the
coexistence of mindless randomness and military calculation.
• Another factor that made the Peace of Westphalia into a key event in European
history was the unprecedented presence and involvement of public opinion. The
text of the Treaty was published an innovation in itself in several editions. Newspapers,
broadsheets and a torrent of medals and images reflected an unheard-of (and, in its
scale, truly novel) degree of public involvement. And, for the first time, techniques of
transportation and publication were rapid enough to satisfy the demand for information.
The 'natives' and 'subjects' even of the larger political units developed an
unprecedented interest in citizenship and independent statehood. This was the
genesis of the civil society without which politics today would be unsustainable, not to say
unthinkable.
• The theory of the Law of Nations, which had its origins in the conciliarism of the fifteenth
century, underwent further evolution in Spain in the early sixteenth; closely bound up with
the expansion of European power though colonization and missionary work, it was
systematized in the age of the Thirty Years' War by Hugo Grotius. [6] Basing himself on
the legal traditions of antiquity, Grotius put forward the idea of war as a 'public' and
'formal' action: the occasion for it, the mode of conducting it, and the manner of its
end were to be subject to the rule of law. War was thus subordinated to a civil
institution.
• Grotius' theoretical work established in the public consciousness the concept of a Public
Law of Europe (ius publicum Europaeum). The negotiations for the Peace of
Westphalia, and above all the Treaty that emerged from them, brought this concept
into the realm of practical politics. In the aftermath of the Peace, it lastingly affected
international law, theories of statehood and political writing generally, in ways that have
yet to be adequately studied. For instance, insufficient attention has been paid to the fact
that the major seventeenth-century theory of the state, the political philosophy of Thomas
Hobbes, [7] which was elaborated before the end of the Thirty Years' War, postulates a
'first and fundamental natural law' of all politics in which the sole objective is peace. As
first formulated, this law states 'that every man ought to endeavour Peace, as fare as he
has hope of obtaining it'. [8] Here we have political theory absorbing the political
experience of its time and, in due course, influencing politics in its turn. Locke,
Montesquieu, Rousseau and Kant (to name only the outstanding thinkers) took up
the notion of peace as natural law in ways that via the constitutional debates in
England, America and revolutionary France remain influential to this day. Our
international alliances, security conferences and collective security organizations, as well
as the League of Nations and the United Nations, would have been inconceivable without
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impulses of this kind, and without the constant confirmation and reinforcement that these
have received from a succession of political philosophers.
• Those negotiations gave expression to a new concept of statehood. Qualifications
for participation were no longer solely based on territory but tied to the legal form that
governed the political context. The Peace of Westphalia teaches us that it is not enough
to define overriding political units in terms of Max Weber's institutional model, organized
solely by the will of those in power: here, the 'state' is an entity within which unified
legal conditions have emerged that can be assessed in terms of a principle
(whether a Law of Nature, or of Reason, or of the Rights of Man). In other words,
1648 saw the emergence of a concept of statehood more modern than that of the
nineteenth-century nation state.
• Not least, the lengthy and laborious procedure of negotiating and ratifying the
Peace, both within and between states, made Europe aware that the rule of law
extended to international politics. In the public consciousness, the jurist and the
diplomat become ever more prominent.
• Without any attempt to draw an explicitly pacific moral, it may thus become possible to
demonstrate that the fact of a political peace is neither a fact of Nature nor a gift of
history. Peace has to be actively chosen, organizationally contrived and
contractually secured within a complex field of competing interests. This requires a
firm will, sure of its cause but unafraid of compromise. Peace very often demands
extraordinary efforts of which the day-to-day record of negotiation in Osnabrück and in
Münster affords some vivid instances.
• Above all, it is necessary to keep in mind the serious, concentrated effort with which the
peace, once negotiated, was implemented. It was laid down that any person who
contravened the terms of the Treaty (art. 114) would incur the 'penalty for breach of the
peace' (poena infractae pacis). [9] However, it was already evident in 1648 that a
peace treaty, as a political act, could not in itself abolish conflict. The Treaty
therefore provided a mechanism for settling conflicts, both existing and future: 'The
Peace, once concluded, shall remain in force unimpaired, and all parties to this Treaty
shall be required to protect and defend all and several provisions of this Peace
against any party whatsoever, without distinction of faith, and if any part of it be
violated by any party, the injured party shall first admonish the violator to desist,
but the matter at issue is to be submitted to friendly arbitration or due process of
law.' (art. 115) [10]
• This Treaty thus launched the idea of the peaceful resolution of all disputes.
• In this connection it must be remembered that the Treaty of 24 October 1648 contains a
provision (provisum) designed to ensure 'that in future no conflicts arise in the political
order [in statu politico]' (art. 62). [11] The measures laid down to implement this provision
reveal that the phrase 'political order' does not refer to the sovereign territory of any one
state but to the whole area under the sovereignty of all the signatories. Add the principle
of 'public utility or necessity' (publica utilitas aut necessitas, art. 62) which is cited as the
political reason for the peace, [12] and note the expectation that, 'with the conclusion of
the Peace, trade [commercium] will once more flourish' (art. 67) [13], and it becomes
evident that the Peace is not to be confined to any limited territorial area. It is part of the
logic of the Peace of Westphalia that it aspires to create a peace that will prevail all over
Europe.
• 6. De jure belli et pacis libri tres (1625). Published in Paris seven years after the
beginning of the Thirty Years' War, this work at once attracted the keen attention of the
belligerent monarchs. Louis XIII, who was already paying Grotius a pension, renewed his
invitation to enter the French service. Wallenstein sent emissaries in the hope of
employing him as an envoy. Grotius, a Protestant exile from Holland, opted to accept an
invitation from Gustavus Adolphus to represent Protestant Sweden as ambassador in
Paris. Gustavus Adolphus is said to have kept a copy of De jure belli et pacis libri tres in
his tent throughout his campaign in Germany. Grotius died in Paris in 1645, three years
before the conclusion of the Peace of Westphalia. For more than a decade, he had held
all the threads of Franco-Swedish relations in his hands. He had thus taken a practical
part in the preparations for the Peace of Westphalia.
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• 7. In 1640, Hobbes's work Elements of Law, Natural and Political was already in the
hands of participants in the parliamentary debate on the edicts of King Charles I. De cive
appeared in 1642 and Leviathan in 1641.
• 8. Hobbes 1968, I, pp. 14, 190. In his restatement of the principle, Hobbes adds the
following succinct formula: " . . . which is, to seek Peace, and follow it.'
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Abatele de Saint Pierre, Proiect pentru a face perpetuă pacea în Europa (1713); Immanuel
Kant, Spre pacea eternă (1796); Jean J. Rousseau, Jugement sur la paix perpétuelle (1782).
Dacă filosoful german vorbea de state libere unite într-o vastă construcţie federală regulată
de o legislaţie internaţională, menită să rezolve diferendele pe cale legală (ceea ce, încă
odată, nu excludea războiul), Rousseau, vedea Europa ca pe o societate reală ce avea religia
sa, moravurile sale, obiceiurile sale şi chiar legile sale, legi de la care nici unul dintre
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popoarele ce o compuneau nu se putea deroba fără a cauza probleme. Ceea ce indică deja
precizarea unei viziuni sistemice asupra relaţiilor internaţionale.
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• Marile Puteri – rolul lor special a fost subliniat cu ceva vreme înainte de
Viena. Am putea spune chiar că noţiunea şi realitatea existenţei unui grup
restrâns de state ce exercitau o dominaţie politică colectivă asupra
sistemului s-a impus cu cel puţin două generaţii înainte de Viena. Din
perspectiva strictă a dinamicii şi rolului marilor puteri caracteristicile
sistemului în sec. XVIII au fost:
[1] expansiunea în număr a Marilor Puteri, de la 3 la 5, şi, ca un
corolar, extinderea controlului lor asupra sistemului de state.
[2] completarea reţelei diplomatice europene odată cu încorporarea
definitivă a Rusiei (1760-80).
[3] impunerea termenului şi a conceptului de Mare Putere.
[4] transformarea sau alterarea succesivă a statusului şi a rolului
politic al statelor de prim rang – secolul XVIII fiind din acest punct de
vedere unul foarte dinamic la vârf. Franţa a pierdut hegemonia
continentală după 1756-63, ca urmare a înfrângerii în Războiul de 7 ani şi
a problemelor domestice. Cu toate acestea, resursele demografice şi
economice impresionante laolaltă cu poziţia relativ strategică o vor ajuta
să revină în top la începutul anilor 90 pentru a domina Europa între 1795-
1814. Franţa a fost aşadar în mod permanent cel mai puternic stat al
Europei moderne şi s-a aflat întotdeauna în inima sistemului.
• Declinul Franţei după 1763 a contribuit la o dezvoltare cheie în decadele
următoare şi anume emergenţa a ceea ce Paul Schroeder a numit The
Flanking Powers, Marea Britanie şi Rusia, ce aveau să domine sistemul
în prima jumătate a sec. XIX. Succesul britanic se leagă în mod direct de
supremaţia navală, de industrializare şi forţa economică, dar şi de
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