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The origins of modern international relations theory

Published online by Cambridge University Press:  26 October 2009

Extract

‘Who is the founder of modern international relations theory?’ is a popular question and much ink has been spilt trying to answer it. JL C. Scott championed Vitoria's claim to the title; T. E. Holland, Gentili's; Hedley Bull, Grotius's. Whatever the merits of these and similar claims, they do little to explain the origins and evolution of modern international relations theory. They may describe pieces of the puzzle, but they do not, either individually or collectively, reassemble those pieces to reveal the nature of the whole development. It is the aim of this article to redress, in some small measure, this comparative neglect.

Type
Research Article
Copyright
Copyright © British International Studies Association 1989

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References

1. I use the term ‘theory’ in its explanatory rather than in its normative sense.

2. As Martin Wight correctly pointed out, the word ‘International’ is an anachronism when used to describe the political structure of medieval Christendom. Contemporary international relations terminology invariably presupposes the existence of a system of states which, in the Middle Ages, had yet to come into existence. Wight, M., Systems of States (Leicester, 1977), p. 130.Google Scholar

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34. One was sent to England in 1508, but Henry VII refused to receive him.

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46. The greatest barrier to the evolution of the idea that only sovereign states have the right of embassy was the imperial princes’ de jure (though not de facto) subordination to the Emperor. This barrier finally was surmounted when the Reichsfürsten were formally allowed to send and receive ambassadors in the Treaties of Münster and Osnabrück. Christophus Besoldus, Themata Juridico-Politica de Legatis et Legationibus (Tubingen, 1622), pp. 9–11; Dumont, op. cit., VI, part 1, ccxliv, p. 480.

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48. Dumont, op. cit., II, part 2, xci, p. 143. In 1446, Parliament ratified the act by which Henry VI was released from this obligation. Rotuli Parliamentorum ut et Petitiones et Placita in Parliamento Tempore Edward I, IV, p. 296.

49. In late medieval Sweden, the estates enjoyed the right not only to ratify, but to even vary treaties negotiated by the crown. The collective nature of treaty-making was evidenced by the fact that, up to the end of the sixteenth century, members of the royal council appended their personal seals next to that of the royal council appended their personal seals next to that of the king on all treaties. Ahlund, N., Den Svenska Utrikespolitikens Historia (Stockholm, 1956), I, pp. 7576.Google Scholar

50. Ayala, op. cit., Book I, ch. VII, sec. 10, p. 83.

51. Jean Bodin, for example, argued that the assassination of Louis Duke of Orleans (1357–1407) was justified on the grounds that he had committed treason by signing a treaty with Henry IV of England. Bodin, J., Six Livres de la Republique (Lyon, 1593Google Scholar), book I, ch. 7, pp. 120–1.

52. Dumont, op. cit., III, part 1, pp. 146, 337, 448; part 2, p. 269. Agreements between a sovereign prince and his own subjects were henceforth called privileges rather than treaties. Felipe II of Spain refused to sign treaties with his Portuguese subjects—insisting on giving them privileges instead. Gentili, De Jure Belli Libri Tres, op. cit., lib. Ill, ch. XVI, p. 379.

53. Ayala, op. cit., lib. I, ch. 7, sees. 4–5, p. 77.

54. Bodin, op. cit., Book V, ch. 6, p. 788.

55. The distinction between the body natural and the body politic of a sovereign prince was extensively discussed in 1562 in the Case of the Duchy of Lancaster. The Commentaries and Reports of Edmund Plowden, I (London, 1816), pp. 212a-13.

56. Ayala, op. cit., Book I, ch. VII, sec. 10, p. 82. Gentili was more equivocal. In answer to the question ‘Is a sovereign prince bound by former treaties,’ he rather curiously argued that they were bound by peace treaties, but not treaties of alliance or friendship. Gentili, De Jure Belli, op. cit., Book III, ch. 22, p. 413.

57. Grotius, op. cit., Book II, ch. XVI, sec. 16, p. 419.

58. Ibid., Book II, ch. XVI, sees. 17–18, p. 420.

59. Pufendorf, op. cit., Book VIII, ch. 9, sec. 8, p. 1338. Pufendorf also made the following distinction between the personal and public agreements of sovereigns. ‘The former are those that are made with the prince with relation to his person and expire with him; the latter are those that are made with kingdoms or commonwealths, rather than the prince or government, and these outlive the ministry and government itself, under which they were first made.’ Ibid., Book VIII, ch. 9, sec. 8, pp. 1337–8.

60. De Jure Belli Hispanorum in Barbaros, prop. 7, in Vitoria, op. cit., p. 169.

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63. The only hint of the modern notion of public international law in Bodin lay in his decision to translate ‘droit des gens’ as jus feciale in the Latin edition of Six Livres de la Republique. Unfortunately, his reason for doing so was never explained or developed. Bodin, J., De Republica Libri Sex (Frankfurt, 1609), Book V, ch. 6, pp. 904970.Google Scholar

64. Gentili, De Jure Belli, op. cit., lib. I, c. 4, pp. 22–26, lib. I, c. 21, pp. 99–104, lib. II, c. 13, pp. 191–4; Gentili, A., Hispanicae Advocationis Libri Duo (Oxford, 1921), lib. I, c. 25, pp. 117118.Google Scholar

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66. ‘The second kind of jus gentium embodies certain precepts, usages of modes of living, which do not, i n themselves and directly, relate to all mankind; neither do they have for their immediate end (so to speak) the harmonious fellowship and intercourse of all nations with respect to one another. On the contrary, these usages are established in each state by a process of government that is suited to the respective courts of each.’ Suarez, op. cit., Book II, ch. 19, sec. 10, p. 349.

67. Brierly, J. L., The Basis of Obligation in International Law (Oxford, 1958), p. 363.Google Scholar

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69. Ibid., Book III, ch. VII, sec. 6, pp. 693–5; Book III, ch. XVIII, pp. 788–91.

70. Hobbes, T., De Give (New York, 1949), ch. XIV, sec. 5, p. 158.Google Scholar

71. A direct corollary of the states becoming the exclusive subjects of public international law was that individuals became the exclusive subjects of civil law and private international law. The former regulated the behaviour of citizens within the territorial jurisdiction of one, while the latter governed the relations between the citizens of different states. The main theorists of this second body of modern international law were Burgundus (1586–1649), Christian Rodenburg (1618–68), Paul Voet (1619–77), Ulrich Hiiber (1636–94) and Jan Voet (1647–1714). von Bar, L., The Theory and Practice of Private International Law, 2nd edn (Edinburgh, 1892), pp. 3640.Google Scholar

72. Zouche, op. cit., p. 1.

73. ‘Law of [this] kind I choose to describe as “Jus inter Gentes” or law between nations.’ Loc. cit.

74. Mattingly, op. cit., p. 287.

75. Hobbes, T., Leviathan (London, 1973). A Review and Conclusion, p. 391.Google Scholar