Peace of westphalia

Public International Law

1. Peace of Westphalia Muhammad Hafiz bin Yazid 030044 Muhammad Nur Ariff bin Razali 030753 Syahirah bt Kamarudin 030292 Siti Sarah bt Ghazali 030646 Siti Noor Aishah bt Abd Manap 030088 Irwan bin John Imbayan 030294 Low Yee Lin 030598

2. Objective T o get the overview of the Peace of Westphalia To discuss the main principles from the Peace of Westphalia T o identify the result obtained for the country that enters the Westphalia treaty To determine the impact of the Peace of Westphalia

3. Scope and Limitation T he development of Westphalia Treaty until the establishment of Westphalian System and anti- Hegemonic Concept. The idea of freedom of religion T he adoption and codification of Westphalian System into United Nation T he application of the concept at state and international level.

4. Introduction O ften used as shorthand for a system of equal and sovereign states. E nded Thirty Years’ War in Europe (1618-1648) Refers to two treaties, namely the treaty of Münster and the treaty of Osnabrück . B oth treaties are about internal affairs of the Holy Roman Empire.

5. Historical Background

6. Results From Peace of Westphalia

7. All parties would now recognize the Peace of Augsburg of 1555. The concept of sovereignty was recognized. The Prince-Bishopric of Osnabruck would alternate between Protestant and Catholic holders, with the Protestant bishops chosen from cadets of the House of Brunswick-Luneburg. ‘A degree’ of free navigation was guaranteed on the Rhine.

8. Impact of Peace of Westphalia

9. 1) Development

10. Development -Rise of Nation States - Birth of an International system based plurality of International States Recognizing no superior authority over them

11. Development (Concept of nation state) 1) Permanently exist 2) Corporate entities in their own right 3) Separate from the rulers who governed them at any time + Development of law of nations (govern interstate) + Rulers free govern as they pleased

12. 2)Westphalian System Known as ‘Original Territorial Basis of Modern Interstate System’

13. 3) Anti-Hegemonic System -based on feudal,hierarchy system -ended hegemony of Habsburg Empire - emphasised : i) independence Ii) Territorial Sovereignity Iii) Sovereign Equality Iv) seperation of states RATHER THAN unity of christiandom (rejected pope as absolute authority)

14. 4) Adoption in United Nations Article 2(1) of the United Nations Charter. The organisation is based on the principle of sovereign equality of all its members . Article 2(7) of the United Nations Charter. Nothing contained in the present charter shall authorise the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the present charter.

15. 5) Growth of National Consciousness

16. 6) International Relations According to Jaclyn Hawtin , Treaty of Westphalia created an opening for nation states to have a new kind of conversation with each other, one where agreements could be made and power could be exchanged in a logical and rational way.

17. CHALLENGES

18. GLOBALIZATION

19. GLOBALIZATION

20. GLOBALIZATION

21. PEACE OF WESTPHALIA CHALLENGES UNDER GLOBALIZATION

22. MODERNIZATION

23. CRITICISMS

24. Hawtin , J This system not really worked in real life No higher level of authority was established to oversee the action of the states Effect is they violated the treaty

25. The author pointed out a number of contradictions occurring within the treaty itself. E.g ; That the power of the state is unlimited within its own territory but limited within the international system. That all states are equal. That both the state and the people are sovereign

26. However, there is flow of resources through nation states, power will also be exchanged. Thus, all states can never be assumed to be equal as a states power is proportional to its influence on the international system. Consequently, the amount of power that each state possesses within its own territory is limited by its ability to access or acquire resources.

27. Kelly Gordon It takes long process to establish the ideals of Westphalian sovereignty

28. Toscano Franca Filho the Peace of Westphalia did not constitute obvious, radical or instant revolution in the juridical-political model of State but dramatically changed the way of seeing and understanding the State

29. Andreas Osiander Westphalian System had actually very little to do with the events of 1648 He also said that both the Treaty of Munster and the Treaty of Osnabruck make no mention of sovereignty

30. The closest they come is in reaffirming the Peace of Augsburg (1555), which originally provided for each secular ruler to choose Catholicism, Lutheranism, or Calvinism as an official state religion

31. In addition, each treaty contained clauses that allowed Sweden and France to intervene the Holy Roman Empire This directly violates the concept of individual sovereignty, as it allows external actors to interfere with state affairs

32. Arguments 1. Whether the Westphalian Treaty continues to be applicable in the 21 st century? 2. Whether globalization has destroyed the state-based system? James Rosenau argues: “Globalization is not so much a product or extension of the interstate system as it is wholly new set of processes, a separate form of world politics, initiated by technologies that have fostered new human needs and wants.”

33. Stephen D. Krasner argues: “in many ways states are better able to respond now than they were in the past.” Globalization has enhanced the states ability and changed the states roles. However, they have not indicated the death of states but only a challenge to them.

34. Conclusion Treaty of Westphalia created s tate system . It ended the 30 Years’ War and introduced a few principles in contemporary world:

35. Treaty of Westphalia is undergoing a historic change.

36. Change in nature and understanding of sovereignty Sovereignty is redefined. State is interdependent. Nature of sovereignty has changed from one which vests states with certain rights, like the right to non-intervention, to one which grants them certain responsibilities – primarily towards its own population. Eg : Human rights violations perpetrated by government

37. However, it argued that Westphalia holds a continuing relevance despite the evolution of its system. The outcomes of Peace of Westphalia founded important norms for the international system and serve as a model for contemporary international law and relations. The transformation in the concept of sovereignty has rather reiterated, reasserted and re-emphasized the obligations and duties of sovereign states with respect to protection and upholding of citizens’ rights.