THE SHIELD OF ACHILLES (149 page)

21
. Cicely V. Wedgwood,
The Thirty Years War
(Cape, 1938), 526.

22
.
Proceedings of the American Society of International Law
87 (March/April 1993): 325 and citations, n. 10.

23
. C. G. Roelofsen, “17th Century International Politics,” in Bull, Kingsbury, and Roberts, 124.

24
. Ibid.

25
. Quoting John Morley, who ranked it with Adam Smith's
The Wealth of Nations
, Bull, 71.

26
. R. A. Falk, “On the Recent Further Decline of International Law,” in
Legal Change: Essays in Honor of Julius Stone,
ed. A. R. Blackshield (Butterworths, 1983), 272; compare Bruce Ackerman's “Constitutional Moment,” in Bruce A. Ackerman,
We the People: Foundations
, vol. 1, and
Transformations
, vol. 2 (Belknap Press of Harvard University Press, 1991, 1998).

27
. The Latinized version of the Dutch name de Groot.

28
. A notable figure described in Book I.

29
. Georg Schwarzenberger, “The Grotius Factor in International Law and Relations: A Functional Approach,” in Bull, Kingsbury, and Roberts.

30
. Martin Wight,
Systems of States
, ed. Hedley Bull (Leicester University Press for the London School of Economics and Political Science, 1977), 127.

31
. Bull, 70.

32
. Bull, 75, 77.

33
. William Stanley Macbean Knight,
The Life and Works of Hugo Grotius
(Oceana, 1962), 289.

34
. See Bull, 79 – 91.

35
. Cf. Quentin Skinner,
The Foundations of Modern Political Thought: The Age of Reformation
, vol. 2 (Cambridge University Press, 1978), 152 – 154; and see Richard Tuck,
Natural Rights Theories: Their Origin and Development
(Cambridge University Press, 1969), 67.

36
. G. Mattingly, “International Diplomacy and International Law,” in
New Cambridge Modern History
, vol. 3, ed. R. B. Wernham, 169 – 170.

37
. Jean-Jacques Rousseau,
The Social Contract
, Book I, trans. Maurice Cranston (Penguin, 1968), 51.

38
. Mattingly, 169.

39
. Schwarzenberger, “The Grotius Factor,” 306.

40
. Bull, “The Importance of Grotius,” 74.

41
. Hugo Grotius,
De Jure Belli ac Pacis
(apud Ioannem Blaev, 1667), II.xx.40.

42
. Osiander, 41.

43
. Hugo Grotius,
De Jure Belli ac Pacis
, ed. and trans. W. Whewell (J. W. Parker, 1853), I.ix.

44
. All of these arguments—the one at the footnote call is nowadays termed “rule utilitarian”—will be found in contemporary debates in political philosophy.

45
. Murphy, 15.

46
. Gottfried Wilhelm Leibniz, “Opinion on the Principles of Pufendorf,”
The Political Writings of Leibniz
, ed. and trans. Patrick Riley (Cambridge University Press, 1972), 64.

1
. On April 11, 1713, treaties were signed between France and Britain, Portugal, Prussia, and Savoy; on November 4, between France and the United Provinces; on July 13, between Spain and Britain and Savoy and with the Dutch on June 26. The emperor
Charles concluded terms on March 6, 1714, at Rastatt, which was confirmed in a separate treaty at Baden on Nov 7, 1714; Portugal finally agreed to peace with Spain at Utrecht on February 6, 1715.

2
. Bolingbroke, Henry St. John Viscount, and Gilbert Parke,
Letters and Correspondence, Public and Private, of Viscount Bolingbroke
(G.G. & J. Robinson, 1798), ii, 443, 614.

3
. Bolingbroke, Henry St. John Viscount,
The Works of Lord Bolingbroke
(Frank Cass, 1967) (reprint of the 1844 edition), ii, 276 ff., 313, 302.

4
. See Osiander, 111 – 113.

5
. Bolingbroke, Henry St. John Viscount, and Gilbert Parke,
Letters and Correspondence, Public and Private, of Viscount Bolingbroke
(G.G. & J Robinson, 1798), i, 595, letter dated July 21, 1712.

6
. Osiander, 119.

7.
Bolingbroke, Henry St. John Viscount,
The Works of Lord Bolingbroke
(Frank Cass, 1967) (reprint of the 1844 edition), ii, 287.

8
. At Utrecht, Osiander perceptively writes that “the word ‘state' was used ordinarily to designate an administrative unit with the potential to be an autonomous international actor, even though it might not, and in fact often did not, possess that quality at the moment. For instance, the French instruction for the congress refers to the Spanish dominion as ‘a monarchy so vast and consisting of so many states’” (Osiander, 103).

9
. Bolingbroke, Henry St. John Viscount,
The Works of Lord Bolingbroke
(Frank Cass, 1967) (reprint of the 1844 edition), ii, 288.

10
. Osiander, 123.

11
. Quoted in Osiander, 132; see also the renunciations of the Duke of Orleans, and that of Philip V.

12
. Quoted in Osiander, 127.

13
. Quoted in Osiander, 128.

14
. Quoted in Osiander, 131.

15
. In the Austrian Netherlands, the Dutch acquired the right to garrison Namur, Tournai, Menin, Ypres, and other places. In Italy, the duke of Savoy gained Exilles, Fenestrelle, and other forts; Allesadrai, part of Montferrat, Valenza, Vigevano, and other critical places that would bar a French invasion of Italy. Various districts on the Rhine were obtained by German states, and France removed to the west bank. Brandenburg got part of Gelders, Bavaria recovered the Palatinate, and the elector at Cologne was restored: all these arrangements were thought to deter any renewed French aggression, yet not to provide a base for independent forays.

16
. Randle, 261.

17
. F. W. Walbank,
A Historical Commentary on Polybius
(Clarendon Press) (vol. I, 1957) (vol. II, 1967) (vol. III, 1974).

18
. Murphy, 34.

19
. Nussbaum, 156.

20
. Robert von Mohl referred to it as “a kind of oracle with diplomats and especially with consuls,” see Nussbaum, ibid.

21
. Ibid., 161.

22
. See e.g.,
Armitz Brown v. United States
, 8 Cranch (12 U.S.), 110.

23
. Vattel,
Le droit des gens
(Editions A. Pedone, 1998), II.i. 16.

24
. Reminiscent in our day of George Gilder and his descriptions of a market-state backlit by universal prosperity.

25
. “Now although nature has so constituted men that they absolutely require the assistance of their fellow men if they are to live as it befits men to live, and has thus established a general society among them, yet nature cannot be said to have imposed upon
men the precise obligation of uniting together in civil society; and if all men followed [the laws of nature] subjection to civil society would be needless.” Vattel,
Le droit des gens
, preface.

26
. Murphy, 51; see Vattel, II.i. 16.

27
. Osiander, 48.

1
. Carl von Clausewitz,
On War
, trans. Howard and Paret.

2
. Gneisenau observed: “The Revolution has set in motion the national energy of the entire French people…. If the other states wish to restore the balance of power they must open and use the same resources.” Also, consider the Prussian constitutional reform of 1807, discussed in
New Cambridge Modern History
, vol. 9, 367 – 394.

3
. Thomas B. Macaulay,
Napoleon and the Restoration of the Bourbons
, ed. Joseph Hamburger (Columbia University Press, 1977), 98.

4
. Kissinger,
Diplomacy
, 84.

5
. Nussbaum, 178.

6
.
New Cambridge Modern History
, vol. 9, 646 – 647: “To Vienna as guests of Francis I of Austria came King Frederick I of Württemberg, Elector William of Hesse, the Hereditary Grand Duke George of Hesse-Darmstadt, King Maximilian I, Joseph of Bavaria, King Frederick VI of Denmark and Karl August, Duke of Weimar and friend of Goethe. The King of Prussia, present himself, was accompanied by his white-haired chancellor, Prince Hardenberg, assisted by the scholarly Humboldt, and a group of experts, among them the prominent statistician, Hoffmann. Alexander I of Russia… was supported by the most international group of advisers at the Congress—the Russian Razumovski; Nesselrode, his foreign minister of German extraction; Stein, distinguished reformer and exile of the Prussian service; Tsartoryski of Poland; and Pozzo di Borgo, Corsican enemy of Bonaparte…. Talleyrand headed the French delegation…. Castlereagh took with him his three principal European ambassadors… [and] hired his own embassy staff as insurance against the Austrian spy system, at that time the most efficient in Europe. Metternich… was assisted by… a regular group of assistants and specialists, and particularly by Friedrich von Gentz, a most interesting intellectual and publicist…. Prominent among the lesser statesmen were Wrede, chief diplomatist for Bavaria; Cardinal Consalvi, secretary of state for the Pope; and Münster, able and experienced representative of Hanover…. The Congress… attracted to Vienna a medley of princes, aristocrats, tourists, beggars, spies and pickpockets.”

7
. This is discussed in Chaters 7 and 8.

8
.
New Cambridge Modern History
, vol. 9, 22, citing K. Waliszewski,
Le regne d‘Alexandre I
, vol. 2 (1924), 378.

9
. It is interesting that Britain only signed a peace with Napoleon when the British state took a retrogressive constitutional move away from state-nationhood. It was the resignation of the Pitt cabinet over the king's refusal to assent to a law removing the disabilities of Catholics that cleared the way for a treaty with the French.

10
. Treaty of Union, Concert and Subsidy between Austria, Great Britain, Prussia and Russia, March 1, 1814, art. XVI, 673 Consol. T.S. 84,91; W. Alison Phillips,
The Confederation of Europe: A Study of the European Alliance, 1813 – 1823
(H. Fertig, 1966), 74 – 75 (discussing the importance of article XVI for Europe and also noting that the treaty was actually signed on March 10 but antedated).

11
. Quoted in Osiander, 243.

12
. Kissinger,
Diplomacy
, 82.