Chapter

The Customary Law of the Period 1815–1914 Some New Developments: Arbitration and Treaties for Pacific Settlement

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0002
The Customary Law of the Period 1815–1914 Some New Developments: Arbitration and Treaties for Pacific Settlement

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The next century was still dominated by an unrestricted right of war and the recognition of conquests, qualified by the political system of the European Concert. In the latter part of the period, new trends in favour of peaceful settlement of disputes appeared, trends which deserve notice as a preparation for the Covenant of the League of Nations and as the beginnings of the process of eroding the ‘right of war’. The legal significance of the State of War Doctrine is explored. In discussing the state practice, it is proposed to examine the period 1798–1920 and the more recent period separately. This chapter describes the practice of the earlier period. It discusses instances from that period, in which a state of war was not admitted to exist, or only doubtfully existed, and in which it was uncertain whether the action could be justified as a reprisal or justified intervention. The legal justifications for the use of force in the classical law, and the practice of states in relation to intervention are described.

Keywords: right of war; State of War Doctrine; state practice; classical law; European Concert

Chapter.  15595 words. 

Subjects: Public International Law

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