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
 To get the overview of the Peace of Westphalia
 To discuss the main principles from the Peace of Westphalia
 To 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
 The development of Westphalia Treaty until the establishment of Westphalian System and
anti- Hegemonic Concept.
 The idea of freedom of religion
 The adoption and codification of Westphalian System into United Nation
 The application of the concept at state and international level.

4. INTRODUCTION
 Often used as shorthand for a system of equal and sovereign states.
 Ended Thirty Years’ War in Europe (1618-1648)
 Refers to two treaties, namely the treaty of Münster and the treaty of Osnabrück.
 Both treaties are about internal affairs of the Holy Roman Empire.

6. HISTORICAL BACKGROUND

7. 1629
Danish King and Ferdinand II signed the Treaty of Lübeck
Swedes invaded several victories in the northern and central
parts of the Empire but then imperial Catholic forces began to
claw back lost territory
1625
Fighting began with Denmark's invasion of the Holy Roman Empire on behalf of the Protestant
1618
The Calvinists revolted Due to Ferdinand Holy of Roman was a
Catholic
This caused Europe into a destructive war again
1555
The dispute between the Empire was settle through the
formation of Peace of Augsburg Freedom of religion was applied

8. 1642
A Swedish army defeated Imperial army of Holy Roman Empire at the same time as Swedish Imperial diplomats were examining potential peace
terms
1941,
Bradenburg and Sweden signed a truce and many German princes
followed Bradenburg’s to show their displeasure towards Ferdinand III
Ferdinand III had started separate negotiations with the French and
Dutch at Münster and with the Swedes or Sweden at Osnabrück
1640
Ferdinand III had summoned The Electors to Regensburg to agree to
preserving the Peace of Prague
However, he failed as The Electors did not agree because they was
instigate by Frederick William of Branderburg
1635
concluded a peace with the Protestant states of the Holy Roman
Empire Treaty of Prague was concluded

9. 1648
Treaty of Münster and Treaty of Osnabrück was signed Thus, Peace of Westphalia was formed
1648
Maximilian had reneged the agreement between him and Swedes/French which then both French and Swedes forces devastated
Bavaria leaving Maximilian in position where he could not do anything else except sign a truce with Sweden and France
1647
Maximilian of Bavaria was forced by the Swedes and French to withdraw his support to Ferdinand
1645
Sweden and Saxony signed a peace agreement which Ferdinand III could no longer expect support from Saxony, Bradenburg or Spain

10. Results From Peace of
Westphalia

11. • 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.

12. Impact of Peace of Westphalia

13. 1) Development
Emerging of Westphalia
Reduction of role played by
religion
i) Pope of Head of Catholic Church
ii) Emperor Head of HRE

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

15. 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

16. 2)Westphalian System
• Known as ‘Original Territorial Basis of Modern Interstate
System’
Features
Nation States
are territorially
independent
Autonomous

17. 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)

18. 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.

19. 5) Growth of National Consciousness
Number of states has grown enamoursly
Many changes in inter-state relations in the State system
After WWII, large number of Asian and American
countries become equal sovereign through decolonisation

20. 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.

21. CHALLENGES
Globalization

22. GLOBALIZATION
Meaning: Broadly defined as the migration of human activities from the narrow confines of the nation-
state to a much larger scale.
For example; the Integration of national economies through trade, investment, capital flow, labor
migration and technology.
Globalization results from the removal of barriers between national economies to encourage the flow of
goods, services, capital and labor.
It helped globalize the world economy, transportation and communication technologies.
Why it matters? Increasingly, businesses must recognize that their success depends on efficiency and
scalability that is being able to quickly mobilize global resources and reach world markets.
But, globalization has led economic decision-making away from local control.

23. GLOBALIZATION
States are becoming less Westphalian in terms of legal power to intervene in countries.
Eg; European Union, United Nations and the International Criminal Court
Globalization emphasizes the interdependence of States and has encouraged the increasing degree of human and
material mobility and interaction. Eg; International Rights movement. It views solving socio-economic and political
problems require collective efforts and restrictions on State sovereignty.
Why? This is because Westphalia territoriality is over protective, imprisoning, aggressive in assertion, and condones
off areas of opportunity and zones of contract and cooperation.
IGO’s (Intergovermental Organizations) have played a role in intertwining the political and economic affairs of
nation states around the globe. These types of organizations consistently encroach on the oncept of sovereignty. Eg;
United Nations and World Trade Organization

24. GLOBALIZATION
This phenomenon is a challenge to the Treaty of Westphalia as the border changes are
able to devalue state borders in terms of emphasizing supranational or sub national
entities.
These are not in line with the conception of the Treaty of Westphalia which aims to
enable governments control resources and people in a way to determine its economic
fortunes.
Globalization introduces wider webs of transnational governance, new supranational
institutions and new technologies which increase the flows of capital, commodities and
people across borders.

25. PEACE OF WESTPHALIA CHALLENGES UNDER
GLOBALIZATION
Legal sovereignty is no
longer the monopoly of
national governments
The control of physical
territory is much less
meaningful today both
as source and domain of
power
Non-state actors are
emerging as the new
stars of the global order
International law is
beginning to challenge
the supremacy of state
sovereignty
Westphalian wars are in
decline.
Non-Westphalian
conflicts are on the rise
Modernization

26. Legal Sovereignty is now no longer the monopoly of national
governments
• Contemporary central governments have responded to globalisation by voluntarily
shifting power upwards to supranational institutions.
• For example; The emergence of the European Union (EU). This is because the
European law takes precedence over national law.
• Other example; Other intergovernmental organisations such as the WTO (World
Trade Organizations) are also picking up powers which may involve a transfer of
sovereignty. The upward power shift from governments to supranational bodies.

27. The control of physical territory is much less meaningful today both as a
source and domain of power
• Improvement in transportation and telecommunication technologies.
• The Internet of global finance does not respect national borders and sovereign
jurisdictions.
• This severely reduces the ability of national governments to deal with global
challenges.

28. Non-state actors are emerging as the new stars of the global order
• Large multinational corporations wielding considerable economic (and political
too). Eg; OECD (The Organizations of Economy of Corporations and
Development)
• Militant Special Interest Groups which include organized religions, special lobbies,
secret societies, and other groups that have influence. Outlaw elements such as
mafias are included as well who have been much quicker in harnessing the
potential of globalization than legitimate groups.
• The NGOs (Non Governmental Organisations claiming to represent Civil Society)
and who have, via street demonstrations and persuasive communication through the
Internet, shown considerable ability to block or delay the signing of agreements on
globalisation.
• IGOs (Intergovernmental Organisations) created by sovereign governments. Eg;
World Bank, WTO and others.

29. International law is beginning to challenge the supremacy of state
sovereignty
• Concepts such as human rights, environmental protection, ethnic self-
determination, sustainable development are beginning to trump state sovereignty in
the court of public opinion and are invoked to justify interventions in the affairs of
sovereign states.
• For example, today’s attempted genocides are on the news and cannot be ignored.
• Therefore, interventions overriding national sovereignty are now approved by
world opinion although the exact criteria and legal basis for such interventions have
never been clarified.
• The breaching of sovereignty is now more acceptable, yet the rules for doing so are
still very vague.

30. Westphalian wars are in decline. Non-Westphalian conflicts are on the rise
• A Westphalian War is a clash of sovereign countries according to certain rules such
as formal declarations of wars, treatment of prisoners and others.
• The new confrontations are economic and informational.
• The game has changed and the protagonists are no longer national governments but
corporations, special interest groups, drug cartels, ethnic mafias and others.

31. MODERNIZATION
In general under modernization
is a processes where rural,
traditional societies are
transformed into industrialized
and modern.
This encompasses not only
economic modernization and
development of market
infrastructure and technology,
but also political modernization
and the developed system of
interest representation.
The process of modernization is
an obvious case of dominant
countries acting from a place of
power that allows for strategic
positioning economically and
politically.
The United States has been
doing this for a long time all
over the world and the most
current example is the U.S.
presence in Afghanistan.

32. CRITICISMS

33. Hawtin, J
Kelly
Gordon
Toscano
Franca
Filho
Andreas
Osiander

34. 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

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

36. • 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.

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

38. 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

39. 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

40. • 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

41. • 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

42. 1. Whether the Westphalian Treaty continues to be
applicable in the 21st 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.”

43. • 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.

44. Conclusion
• Treaty of Westphalia created state system.
• It ended the 30 Years’ War and introduced a
few principles in contemporary world:
Principle of non-intervention of one state in the
internal affairs of another state
Principle of equality between states
Principle of sovereignty of states and
fundamental right of political self
determination

45. • Treaty of Westphalia is undergoing a historic
change.
Wave of
democratization
Process of
globalization since
1945.
Creation of United
Nations and inter-
governmental
bodies.
Humanitarian
Intervention

46. 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

47. • 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.