Jump to ContentJump to Main Navigation
Comparative Law as Transnational LawA Decade of the German Law Journal$
Users without a subscription are not able to see the full content.

Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 25 April 2019

Westphalia – A Paradigm? †

Westphalia – A Paradigm? †

A Dialogue Between Law, Art, and the Philosophy of Science

(p.57) 7 Westphalia – A Paradigm?
Comparative Law as Transnational Law

Marcílio Toscano

Franca Filho

Oxford University Press

To many authors, the Westphalia Peace Treaties, negotiated in the aftermath of the Thirty Years' War (1618–48), were the first solemn statements of juridical equality between states, representing the genesis of modern international society, which established a system of states. At the same time, it was “the plain affirmation of the statement of absolute independence of the different state orders.” These documents serve as the “birth certificate” of the modern, sovereign nation-state, the base of the present democratic state, and the founding moment of the international political system. This chapter focuses on the consequences of the Westphalia Peace Treaties for constitutional law.

Keywords:   Westphalia Peace Treaties, sovereignty, states, public international law, constitutional law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .