Westphalian System
Gregory Gleason
University of New Mexico
Modern Europe emerged from the convulsions of the 30 Years war
in 1648 with the signing of the
"Peace of Westphalia."
The principles of international order that emerged in Europe after the
conclusion of this peace treaty have become the foundation of the modern international system. The modern international system is based upon the
principles of state sovereignty and international law.
Law is a principle governing action or procedure. Law implies the
existence of a sovereign authority and the obligation of obedience of all
subject to that authority. A body of law functions within a jurisdiction. Jurisdiction refers to the limits or territory within which the law applies. We distinguish between domestic or national law (also sometimes referred to as "municipal law") and international law. We also distinguish between two major branches of legal systems, Roman law and Common law. Roman (also called Continental or statue law) is based on a codified body of principles of law. Common law, or English Common law, is based in part on codified statues and in part on judicial interpretation of previous practice.
Most international law is created by and for states. The United Nations Charter has attached to it the Statue of the International Court of Justice. Article 38 of the Statue of the International Court of Justice defines the sources of international law as:
Customary law refers to practices that have been widely accepted as
binding by states over time. The jurist and legal scholar Hugo Grotius
(1583-1645) is attributed with the first articulation of the principles of customary law in his treatise On the Law of War and Peace. He noted the existence of common practices whose routine observance by governments led to their acceptance as required behavior in relations among states. For instance, the practice of diplomatic immunity was typically granted to the representatives of host governments. This was to avoid the practice of "killing the messenger."
The basic principles of international relations in the Westphalian system, following Grotius, are generally regarded to be: sovereignty of the state; sovereign equality of states; the right of non-interference in domestic affairs of the sovereign state; territorial integrity of the state; the obligation to abide by international agreements; the principle of the peaceful settlement of disputes; and the obligation to engage in international cooperation consistent with national interests.
1. International conventions (treaties), whether general or particular, establishing rules expressly recognized by the contesting states;
2. International custom, as evidence of a general practice accepted as law;
3. The general principles of law recognized by civilized nations;
4. Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law.
