LEGAL DUALITY OF THE PEACE OF WESTPHALIA

INTERNATIONAL LEGAL CONSEQUENCES OF MAINTAINING THE EQUILIBRIUM IN THE HOLY ROMAN EMPIRE

Authors

  • Marko Topić Ministry of Defence of the Republic of Croatia
  • Zrinka Erent-Sunko Faculty of Law, University of Zagreb
  • Miran Marelja Faculty of Law, University of Zagreb

DOI:

https://doi.org/10.30925/zpfsr.44.2.2

Keywords:

The Peace of Westphalia, Thirty Years' War, sovereignty, religious tolerance.

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.

Additional Files

Published

2023-09-15 — Updated on 2023-12-20

Versions

How to Cite

Topić, M. ., Erent-Sunko, Z., & Marelja, M. (2023). LEGAL DUALITY OF THE PEACE OF WESTPHALIA: INTERNATIONAL LEGAL CONSEQUENCES OF MAINTAINING THE EQUILIBRIUM IN THE HOLY ROMAN EMPIRE. Collected Papers of the Law Faculty of the University of Rijeka, 44(2), 335–355. https://doi.org/10.30925/zpfsr.44.2.2 (Original work published September 15, 2023)

Issue

Vol. 44 No. 2 (2023): Collected Papers of the Faculty of Law of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2023 Marko Topić, Zrinka Erent-Sunko, Miran Marelja

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