1.

Background: from the Seven Years' War to the Napoleonic conflicts The starting point to
discuss the history of international law is the Seven Years' War, the first global clash among
European states primarily fought at sea.

2. The war at sea and the right to neutrality The Seven Years' War soon became a pretext for
violating the rights of neutral states. The main culprit was Great Britain, which, in attempting to
freeze enemy trade, also infringed upon neutral states, guided by rules of the time: a)
Contraband: neutral states had the right to trade with belligerents except for goods defined as
contraband, i.e., items with potential military use. However, determining which goods qualified
as contraband was contentious. This distinction included absolute contraband, exclusively
military goods, and relative contraband, ambiguous goods. According to neutral doctrine, only
absolute contraband should be punished, but in reality, the British also punished relative
contraband. Furthermore, ships were not to be confiscated, but both the French and British
argued they should follow the fate of the cargo, namely confiscation. b) Blockade: the practice
of blockading enemy coasts to halt commerce dates back to the 16th and 17th centuries.
However, effective blockades were rare due to the expense of maintaining a fleet to patrol
coastlines, often leading to paper blockades. c) The Rule of War of 1756: colonial powers
prohibited foreign ships from importing goods into their colonies during times of neutrality, a
practice upheld during wartime. Neutral involvement in such commerce for profit was deemed
impermissible, leading to the confiscation of goods. d) Continuous voyage: neutral destination
goods could be confiscated if their true destination was believed to be a belligerent country.
The actual final destination of the products was crucial, with confiscation as the penalty. e)
Privateering: any entrepreneur could arm their ships for military purposes, but intercepted
ships were subject to judgment by prize courts applying international law to determine their
legality. f) Right of visit and prize courts: maritime visits were conducted to ensure cargo
legality; those refusing inspection were captured and tried before a national court applying
international law.

3. The ups and downs of neutrality Neutral states attempted to respond to force with force,
declaring armed neutrality during the American War of Independence and the Napoleonic
conflict, aiming to compel belligerents to respect a balanced interpretation of international
military law. Neither effort achieved the desired success.

4. The Congress of Vienna and the birth of the European Concert The period from the Congress of
Vienna (1814) to the outbreak of World War I in 1914 witnessed a gradual evolution of law,
balancing the power among sovereign states, alternating between conflict and diplomacy.
Integration into the international community was governed by civilization, a significant factor in
maintaining order but also discriminatory against non-Western cultures. During this period, the
European Concert emerged as an informal institution aimed at restoring order in unacceptable
situations and maintaining state relations. The ambiguous legacy of the Treaty of Westphalia
(1648 -> end of Thirty Years' War) Questions arise regarding whether the Treaty of Westphalia
rooted in international law or served as a means of reviving imperial institutions. The latter
seems more likely because:

• Negotiations occurred within the tripartite structure of the empire (electors, princes, and
imperial cities).

• Empire members accepted limited renunciation of full independence to influence imperial

strategies.

• The concept of international power balance was absent.

• Religious factors played a dual role: recognizing minority religious rights was significant, yet it
could also be seen as a secular diplomatic negotiation to appease a portion of the population.
4.2 A new dawn in Vienna Following the Congress of Vienna, the German Empire became a
thing of the past, establishing state sovereignty. It was a secular peace that safeguarded
religious minority rights as a manifestation of civic tolerance. Negotiations centered around
equilibrium, relying on international law as a common element in state relations. Two events
illustrate this:

1. Declaration of the London Conference (1871) = international obligations could not be

discarded using the rebus sic stantibus clause, which upheld existing conditions.

2. European Concert meeting (1878) = shifts in power relations were permissible but subject to
European Concert sanction.

3. The ideological ascendancy of liberalism Liberalism, advocating free trade, abolition of

protectionist tariffs, and a reduced state role in favor of contract and property primacy,
believed in fostering a dense network of cooperative trade relations and objective
interdependence to render war obsolete. Liberalism profoundly influenced the development of
international relations based on cooperation and law as the syntax of state dialogue.

• State freedom derives from sovereignty, allowing self-determination.

• Liberalism sympathizes with national self-determination but acknowledges that states, not
nations, are the primary actors in international order.

• Order is paramount; without maintaining it, sovereignty is forfeited. Liberalism achieved

international success by 1846, with the battle to repeal British Corn Laws, fading in the late
19th century under pressures of imperialism, social Darwinism, and protectionism, though
concepts of free trade, international arbitration, and pacifism persisted. The technical
necessity of international administrative law appeared to outweigh political volatility,
confirming treaty rights and promoting cooperation and organization over competition.