Peace of WestphaliaMuhammad 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

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

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.

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.

HISTORICAL BACKGROUND

1629

Danish King and Ferdinand II signed the Treaty of LübeckSwedes 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

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

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

Results From Peace of Westphalia

• All parties would now recognize the Peace ofAugsburg of 1555.

• The concept of sovereignty was recognized.

• The Prince-Bishopric of Osnabruck wouldalternate between Protestant and Catholicholders, with the Protestant bishops chosenfrom cadets of the House of Brunswick-Luneburg.

• ‘A degree’ of free navigation was guaranteedon the Rhine.

Impact of Peace of Westphalia

1) Development

Emerging of Westphalia

Reduction of role played by religion

i) Pope of Head of Catholic Church

ii) Emperor Head of HRE

Development

» -Rise of Nation States

» - Birth of an International system based plurality of International States

» Recognizing no superior authority over them

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

2)Westphalian System

• Known as ‘Original Territorial Basis of Modern Interstate System’

Features

Nation States are territorially

independentAutonomous

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)

4) Adoption in United Nations

• Article 2(1) of the United Nations Charter.

The organisation is based on the principle ofsovereign equality of all its members.

• Article 2(7) of the United Nations Charter.

Nothing contained in the present charter shallauthorise the United Nations to intervene in matterswhich are essentially within the domestic jurisdiction ofany state or shall require the members to submit suchmatters to settlement under the present charter.

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

6) International Relations

• According to Jaclyn Hawtin, Treaty of Westphalia created anopening for nation states to have a new kind of conversationwith each other, one where agreements could be made andpower could be exchanged in a logical and rational way.

CHALLENGES

Globalization

GLOBALIZATIONMeaning: 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, labormigration and technology.

Globalization results from the removal of barriers between national economies to encourage the flow ofgoods, 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 andscalability that is being able to quickly mobilize global resources and reach world markets.

But, globalization has led economic decision-making away from local control.

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 andmaterial mobility and interaction. Eg; International Rights movement. It views solving socio-economic and politicalproblems require collective efforts and restrictions on State sovereignty.

Why? This is because Westphalia territoriality is over protective, imprisoning, aggressive in assertion, and condonesoff areas of opportunity and zones of contract and cooperation.

IGO’s (Intergovermental Organizations) have played a role in intertwining the political and economic affairs ofnation states around the globe. These types of organizations consistently encroach on the oncept of sovereignty. Eg;United Nations and World Trade Organization

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.

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

Legal Sovereignty is now no longer the monopoly of national governments

• Contemporary central governments have responded to globalisation by voluntarilyshifting power upwards to supranational institutions.

• For example; The emergence of the European Union (EU). This is because theEuropean law takes precedence over national law.

• Other example; Other intergovernmental organisations such as the WTO (WorldTrade Organizations) are also picking up powers which may involve a transfer ofsovereignty. The upward power shift from governments to supranational bodies.

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 sovereignjurisdictions.

• This severely reduces the ability of national governments to deal with globalchallenges.

Non-state actors are emerging as the new stars of the global order

• Large multinational corporations wielding considerable economic (and politicaltoo). Eg; OECD (The Organizations of Economy of Corporations andDevelopment)

• Militant Special Interest Groups which include organized religions, special lobbies,secret societies, and other groups that have influence. Outlaw elements such asmafias are included as well who have been much quicker in harnessing thepotential 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 theInternet, shown considerable ability to block or delay the signing of agreements onglobalisation.

• IGOs (Intergovernmental Organisations) created by sovereign governments. Eg;World Bank, WTO and others.

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 inthe court of public opinion and are invoked to justify interventions in the affairs ofsovereign states.

• For example, today’s attempted genocides are on the news and cannot be ignored.

• Therefore, interventions overriding national sovereignty are now approved byworld opinion although the exact criteria and legal basis for such interventions havenever been clarified.

• The breaching of sovereignty is now more acceptable, yet the rules for doing so arestill very vague.

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 suchas 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 butcorporations, special interest groups, drug cartels, ethnic mafias and others.

MODERNIZATION

In general under modernizationis a processes where rural,traditional societies aretransformed into industrializedand modern.

This encompasses not onlyeconomic modernization anddevelopment of marketinfrastructure and technology,but also political modernizationand the developed system ofinterest representation.

The process of modernization isan obvious case of dominantcountries acting from a place ofpower that allows for strategicpositioning economically andpolitically.

The United States has beendoing this for a long time allover the world and the mostcurrent example is the U.S.presence in Afghanistan.

CRITICISMS

Hawtin, J

Kelly Gordon

ToscanoFranca Filho

Andreas Osiander

Hawtin, J

• This system not really worked in real life

• No higher level of authority was established to overseethe action of the states

• Effect is they violated the treaty

• The author pointed out a number ofcontradictions occurring within the treatyitself.

• E.g ;

1. That the power of the state is unlimitedwithin its own territory but limited withinthe international system.

2. That all states are equal.

3. That both the state and the people aresovereign

• However, there is flow of resources throughnation states, power will also be exchanged.

• Thus, all states can never be assumed to beequal as a states power is proportional to itsinfluence on the international system.

• Consequently, the amount of power thateach state possesses within its own territory islimited by its ability to access or acquireresources.

Kelly Gordon

• It takes long process to establish the ideals ofWestphalian sovereignty

Toscano Franca Filho

• the Peace of Westphalia did not constitute obvious,radical or instant revolution in the juridical-politicalmodel of State

• but dramatically changed the way of seeing andunderstanding the State

Andreas Osiander

• Westphalian System had actually very littleto do with the events of 1648

• He also said that both the Treaty of Munsterand the Treaty of Osnabruck make nomention of sovereignty

• The closest they come is in reaffirming the Peace ofAugsburg (1555), which originally provided for eachsecular ruler to choose Catholicism, Lutheranism, orCalvinism as an official state religion

• In addition, each treaty contained clausesthat allowed Sweden and France tointervene the Holy Roman Empire

• This directly violates the concept ofindividual sovereignty, as it allows externalactors to interfere with state affairs

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 extensionof the interstate system as it is wholly new set ofprocesses, a separate form of world politics,initiated by technologies that have fostered newhuman needs and wants.”

• 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.

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

• 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

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

• 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.