Carl Schmitt on Imperialism and International Law

Jochen von Bernstorff

Jump to Content

Chapter 3 Carl Schmitt on Imperialism and International Law

In: Carl Schmitt and Francisco de Vitoria

Author:

Jochen von Bernstorff

Jochen von Bernstorff
Search for other papers by Jochen von Bernstorff in
Current site
Google Scholar
PubMed

Type:: Chapter

Pages:: 43–63

DOI:: https://doi.org/10.1163/9789004757448_004

Purchase instant access (PDF download and unlimited online access):

€42.00€35.00 excl. VAT

Add to Cart

Redeem Access Token

Abstract

Carl Schmitt’s positions on European colonialism and colonial warfare are under-researched, perhaps unsurprisingly given that colonialism does not feature prominently in Schmitt’s own complex and enigmatic world of historical and politico-legal concepts. However, Carl Schmitt is renowned for his pioneering critique of early twentieth-century US imperialism. His writings have become a reference point for critical theories on what is currently termed ‘informal imperialism’ and its associated legal instruments. Schmitt considered colonialism or formal imperialism to be a historical phenomenon closely linked to the ius publicum europaeum in the eighteenth and nineteenth centuries. He regarded the latter as the ideal form of an inter-state order. This contribution seeks to synthesize Schmitt’s writings on imperialism, encompassing both formal and informal forms. While Schmitt was highly critical of informal imperialism, he was at best ambivalent about European colonialism (formal imperialism). He portrayed it as a stabilizing element in the eighteenth and nineteenth-century ius publicum europaeum. This contribution will argue that the tensions between Schmitt as an anti-imperialist and Schmitt as an imperialist can be explained by his concept of an ideal inter-state order projected onto the eighteenth and nineteenth-century ius publicum europaeum.

Citation Info

Save
Cite
Email this content

Share link with colleague or librarian

You can email a link to this page to a colleague or librarian:
Email this content
or copy the link directly:

https://brill.edhh.ma/abstract/book/9789004757448/b_9789004757448-004.xml
The link was not copied. Your current browser may not support copying via this button.

Link copied successfully

Collapse
Expand

Carl Schmitt and Francisco de Vitoria

The Paradox of Universalism in International Law

Series: Legal History Library, Volume: 84/31 and Studies in the History of International Law, Volume: 84/31

Cover Carl Schmitt and Francisco de Vitoria

E-Book ISBN:: 9789004757448

Publisher:: Brill | Nijhoff

Print Publication Date:: 12 Mar 2026

Subjects
- History
- International Relations
  - International Relations

Front Matter

Back Matter

ProCite

RefWorks

Reference Manager

BibTeX

Zotero

EndNote

Metrics

	All Time	Past 365 days	Past 30 Days
Abstract Views	89	89	61
Full Text Views	0	0	0
PDF Views & Downloads	0	0	0

African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
Art History	International Law	Philosophy
Asian Studies	International Relations	Religious Studies
Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
Biology	Languages and Linguistics	Social Sciences
Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

Subjects

Authors

Open Access

Product Information

Company

Contact

Chapter 3 Carl Schmitt on Imperialism and International Law

Abstract

Citation Info

Share link with colleague or librarian

Carl Schmitt and Francisco de Vitoria

The Paradox of Universalism in International Law

Table of Contents

References

Metrics

Metrics