A Political and Social History of Modern Europe V.1.

by Carlton J. H. Hayes

[Sidenote: Development of International Law]
[Sidenote: In Italy]

Not least among the results of the conflict between Habsburgs and Bourbons was the stimulus given to the acceptance of fixed principles of international law and of definite usages for international diplomacy. In ancient times the existence of the all-embracing Roman Empire had militated against the development of international relations as we know them to-day. In the early middle ages feudal society had left little room for diplomacy. Of course, both in ancient times and in the middle ages, there had been embassies and negotiations and treaties; but the embassies had been no more than temporary missions directed to a particular end, and there had been neither permanent diplomatic agents nor a professional diplomatic class. To the development of such a class the Italy of the fifteenth century had given the first impetus. Northern and central Italy was then filled, as we have discovered, with a large number of city-states, all struggling for political and economic mastery, all dependent for the maintenance of a "balance of power" upon alliances and counter alliances, all employing diplomacy quite as much as war in the game of peninsular politics. It was in Italy that there grew up the institution of passports, the distinction between armed forces and civilians, international comity, and in fact the very notion that states have an interest in the observance of law and order among themselves. Of special importance, in this connection, was Venice, which gradually evolved a regular system of permanent diplomats, and incidentally obliged her ambassadors to present detailed reports on foreign affairs; and, because of their commercial preeminence in the Mediterranean, the Venetians contributed a good deal to the development of rules of the sea first in time of peace, and subsequently in time of war.

[Sidenote: In Europe in Sixteenth Century]

During the sixteenth century the Italian ideas of statecraft and inter- state relations, ably championed by Machiavelli, were communicated to the nations of western Europe. Permanent embassies were established in foreign countries by the kings of Spain, Portugal, France, and England. Customs of international intercourse grew up. Diplomacy became a recognized occupation of distinguished statesmen.

[Sidenote: Thirty Years' War and International Law]

Two institutions might have thwarted or retarded the development of international law: one was the Catholic Church with its international organization and its claim to universal spiritual supremacy; the other was the Holy Roman Empire, with its claim to temporal predominance and with its insistence upon the essential inequality between itself and all other states. But the Protestant Revolt in the sixteenth century dealt a severe blow to the claim and power of the Catholic Church. And the long struggle between Bourbons and Habsburgs, culminating in the Thirty Years' War, reduced the Holy Roman Empire to a position, in theory as well as in fact, certainly no higher than that of the national monarchies of France, England, and Spain, or that of the Dutch Republic.

From the treaties of Westphalia emerged a real state-system in Europe, based on the theory of the essential equality of independent sovereign states, though admitting of the fact that there were Great Powers. Henceforth the public law of Europe was to be made by diplomats and by congresses of ambassadors. Westphalia pointed the new path.

Another aspect of international relations was emphasized in the first half of the seventeenth century. It was the Thirty Years' War, with its revolting cruelty, which brought out the contrast between the more humane practice of war as an art in Italy and the savagery which disgraced the Germanies. The brutality of the struggle turned thinkers' attention to the need of formulating rules for the protection of non- combatants in time of war, the treatment of the sick and wounded, the prohibition of wanton pillage and other horrors which shocked the awakening conscience of seventeenth-century Europe. It was the starting-point of the publication of treatises on international law.

[Sidenote: Grotius]

The first effective work, the one which was destined long to influence sovereigns and diplomats, was Grotius's On the Law of War and Peace. Hugo Grotius (1583-1645) [Footnote: Known in his native country as Huig van Groot. The last years of his life he spent as ambassador of Sweden at the French court.] was a learned Dutch humanist, whose active participation in politics against the stadholder of the Netherlands and whose strong protests for religious toleration against the dominant orthodox Calvinists of his country combined to bring upon himself a sentence of life imprisonment. Immured in a Dutch fortress in 1619, he managed to escape and fled to Paris, where he prepared and in 1625 published his immortal work. On the Law of War and Peace is an exhaustive and masterly text-book—the first and one of the best of the systematic treatises on the fundamental principles of international law.