Globalisation and the fundamental transformations of the 19th and early 20th centuries also brought about a change in international law. In the face of the omnipresent struggle for influence between the great powers, a movement gained ground on the international scene that sought to base international order on rules and to protect peace through international dispute settlement bodies. The Hague Peace Conferences (1899, 1907), the Pan-American Conferences (1889, 1901, 1906), and the Washington Conference (1907) were the first major steps in this direction. This work analyses these developments, taking into account perspectives from Europe, the United States, and Latin America, and traces the path to the creation of the first international court of law.
Matthias Philipp Packeiser, Ph.D. (2019), Universities of Hamburg and Tilburg, is a postdoctoral fellow at Leuphana University Lüneburg. He has previously studied law at the University of Potsdam, the University of Granada, and the Radboud University Nijmegen, and his research interests include public international law, legal history, and legal theory.
2 The Theoretical Background
â1 Ius Ad Bellum
ââ1.1 The Just War Doctrine
ââ1.2 The Concept of Legal War
ââ1.3 The Situation in the 19th Century
â2 Arbitration and Adjudication
ââ2.1 Initial Remarks
ââ2.2 The Legal Nature of Arbitration
ââ2.3 Traditional Arbitration
ââ2.4 International Adjudication
ââ2.5 The Difference between Isolated and Institutional Arbitration
ââ2.6 Conclusion
3 Conflict Settlement in the North Atlantic World before 1899
â1 The Historical Outset of Arbitration
â2 Arbitration in the First Half of the 19th Century
â3 Peace Societies
â4 Arbitration between 1854 and 1870
â5 Arbitration between 1871 and 1899
ââ5.1 The Societal Perspective on International Law
ââ5.2 International Law in Practice
ââ5.3 The Peace Movementâs Plans for the Future
â6 Conclusion
4 The Situation in Latin America
â1 Historical Outset
â2 Legal Background
ââ2.1 An Overwhelming Spirit of Solidarity and Togetherness
ââ2.2 The Instrument of Arbitration
ââ2.3 International Law in Latin America
ââ2.4 Imperialism in America
â3 The First Pan-American Conference (1889/90)
â4 Conclusion
5 Arbitration (1899â1905)
â1 The Outset in 1899
â2 The First Hague Peace Conference (1899)
ââ2.1 The Czarâs Rescript
ââ2.2 The Proceedings of the Conference
ââ2.3 The Convention for the Peaceful Settlement of International Disputes
ââ2.4 The U.S.-American Plan for an International Tribunal
â3 The Years between the Two Hague Conferences
ââ3.1 The Second Pan-American Conference (1901/1902)
ââ3.2 A Wave of Conclusions of Obligatory Arbitration Treaties
ââ3.3 A Different Attitude towards Latin America
â4 Conclusion
6 Adjudication (1906â1914)
â1 The Period before the Second Hague Peace Conference (1906/1907)
ââ1.1 The Third Pan-American Conference
ââ1.2 Adjudication
â2 The Second Hague Peace Conference
ââ2.1 The Proceedings
ââ2.2 A General Treaty of Obligatory Arbitration
ââ2.3 The International Prize Court
ââ2.4 The Court of Arbitral Justice
ââ2.5 The DragoâPorter Doctrine
ââ2.6 The Results of the Second Hague Peace Conference
â3 The Period between 1907 and 1914
ââ3.1 The Washington Conference (1907)
ââ3.2 Follow-Up Events
ââ3.3 Arbitration and Commissions of Inquiry
â4 Conclusions
7 Conclusions
â1 Summarizing the Subsequent Developments
â2 Conclusion
Bibliography Index
The book is intended for scholars and institutes in the fields of law (especially international law), international relations, and history.