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The Origins of an International Legal Order of Peace and Justice: Peace through Law

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The Origins of an International Legal Order of Peace and Justice: Peace through Law

Author: Matthias Philipp Packeiser
Publisher: Brill Nijhoff
ISBN: 9789004439801
Published In: July 2026
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

1 Introduction

1 Introductory Remarks

2 Scope

3 Structure and Methodology

2 The Theoretical Background

1 Ius Ad Bellum

1.1 The Just War Doctrine

1.2 The Concept of Legal War

1.3 The Situation in the 19th Century

2 Arbitration and Adjudication

2.1 Initial Remarks

2.2 The Legal Nature of Arbitration

2.3 Traditional Arbitration

2.4 International Adjudication

2.5 The Difference between Isolated and Institutional Arbitration

2.6 Conclusion

3 Conflict Settlement in the North Atlantic World before 1899

1 The Historical Outset of Arbitration

2 Arbitration in the First Half of the 19th Century

3 Peace Societies

4 Arbitration between 1854 and 1870

5 Arbitration between 1871 and 1899

5.1 The Societal Perspective on International Law

5.2 International Law in Practice

5.3 The Peace Movement’s Plans for the Future

6 Conclusion

4 The Situation in Latin America

1 Historical Outset

2 Legal Background

2.1 An Overwhelming Spirit of Solidarity and Togetherness

2.2 The Instrument of Arbitration

2.3 International Law in Latin America

2.4 Imperialism in America

3 The First Pan-American Conference (1889/90)

4 Conclusion

5 Arbitration (1899–1905)

1 The Outset in 1899

2 The First Hague Peace Conference (1899)

2.1 The Czar’s Rescript

2.2 The Proceedings of the Conference

2.3 The Convention for the Peaceful Settlement of International Disputes

2.4 The U.S.-American Plan for an International Tribunal

3 The Years between the Two Hague Conferences

3.1 The Second Pan-American Conference (1901/1902)

3.2 A Wave of Conclusions of Obligatory Arbitration Treaties

3.3 A Different Attitude towards Latin America

4 Conclusion

6 Adjudication (1906–1914)

1 The Period before the Second Hague Peace Conference (1906/1907)

1.1 The Third Pan-American Conference

1.2 Adjudication

2 The Second Hague Peace Conference

2.1 The Proceedings

2.2 A General Treaty of Obligatory Arbitration

2.3 The International Prize Court

2.4 The Court of Arbitral Justice

2.5 The Drago–Porter Doctrine

2.6 The Results of the Second Hague Peace Conference

3 The Period between 1907 and 1914

3.1 The Washington Conference (1907)

3.2 Follow-Up Events

3.3 Arbitration and Commissions of Inquiry

4 Conclusions

7 Conclusions

1 Summarizing the Subsequent Developments

2 Conclusion

Bibliography

Index

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