Westphalia – A Paradigm?<sup>†</sup>

Marcílio Toscano and Franca Filho

in Comparative Law as Transnational Law

Published in print December 2011 | ISBN: 9780199795208
Published online January 2012 | e-ISBN: 9780199919307 | DOI:
Westphalia – A Paradigm?†

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To many authors, the Westphalia Peace Treaties, negotiated in the aftermath of the Thirty Years' War (1618–48), were the first solemn statements of juridical equality between states, representing the genesis of modern international society, which established a system of states. At the same time, it was “the plain affirmation of the statement of absolute independence of the different state orders.” These documents serve as the “birth certificate” of the modern, sovereign nation-state, the base of the present democratic state, and the founding moment of the international political system. This chapter focuses on the consequences of the Westphalia Peace Treaties for constitutional law.

Keywords: Westphalia Peace Treaties; sovereignty; states; public international law; constitutional law

Chapter.  9263 words. 

Subjects: Public International Law

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