Legal Duality of the Peace of Westphalia
International Legal Consequences of Maintaining the Equilibrium in the Holy Roman Empire
DOI:
https://doi.org/10.30925/zpfsr.44.2.2Keywords:
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.
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- 2023-12-20 (2)
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Copyright (c) 2023 Marko Topić, Zrinka Erent-Sunko, Miran Marelja
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