Original scientific paper
https://doi.org/10.30925/zpfsr.44.2.2
Legal Duality of the Peace of Westphalia: International Legal Consequences of Maintaining the Equilibrium in the Holy Roman Empire
Marko Topić
orcid.org/0009-0002-1129-4289
; Ministry of Defence of the Republic of Croatia
Zrinka Erent-Sunko
; University of Zagreb, Faculty of Law
Miran Marelja
; University of Zagreb, Faculty of Law
Abstract
The Peace of Westphalia restored stability to Europe, ending the Thirty Years’ War (1618 - 1648), which was fought mainly on the territory of the Holy Roman Empire, and ending the Dutch Revolt, also known as the Eighty Years’ War (1566 - 1648), between Spain and the Netherlands. After introductory remarks on the Congress of Westphalia, the paper analyses the most important provisions of the peace treaties that are given importance as constitutional legal acts of the Empire. This includes the requirements on religious issues, general amnesty, and the rights of the Empire’s countries. The paper connects the issue of incorporated rights and freedoms envisioned as constitutional guidelines with the external implications of the peace treaty. In this regard, the paper critically examines the viability of the “Westphalian sovereignty” concept. The post-war preservation of the Empire’s fragile internal balance, in turn, enabled the advancement of a new international political and legal framework in Europe.
Keywords
The Peace of Westphalia; the Thirty Years’ War; sovereignty; religious tolerance
Hrčak ID:
307939
URI
Publication date:
15.9.2023.
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