Notes Foreword 1. See University of Michigan Corrleates of War Project, http://www .correlatesofwar.org/, for the numbers of conflicts since 1945; see also J. Morrisa and N. J. Wheeler, “The Security Council’s Crisis of Legitimacy and the Use of Force,” International Politics 44 (2007): 214-231, http://www.palgrave-journals.com/ip/journal/v44/n2/full /8800185a.html, for an analysis of some challenges to the UN’s legitimacy. 2. D. Cohen, “Hidden Treasures: What’s So Controversial about Picasso’s Guernica?” Slate, February 6, 2003, http://www.slate.com /articles/news_and_politics/the_gist/2003/02/hidden_treasures .html. 3. International Business Times, “Global Defense Budget Seen Climbing in 2014; First Total Increase since 2009 as Russia Surpasses Britain and Saudi Arabia Continues Its Security Spending Spree,” February 2, 2014, http://www.ibtimes.com/global-defense-budget -seen-climbing-2014-first-total-increase-2009-russia-surpasses -britain-saudi. 4. United Nations Meetings Coverage and Press Releases, “Secretary- General Unveils $5.4 Billion 2014–2015 Budget to Fifth Committee, Net Reduction of Posts Draws Mixed Reviews from Delegates,” http://www.un.org/press/en/2013/gaab4080.doc.htm. Introduction 1. D. Rivkin, “The Impact of International Arbitration on the Rule of Law,” transcript of the 2012 International Arbitration lecture, https://www.claytonutz.com/ialecture/2012/speech_2012.html. 2. G. Born, “Between 1800 and 1910 some 185 separate treaties among Latin American states included arbitration clauses, dealing with
Transcript
Notes
Foreword
1 . See University of Michigan Corrleates of War Project, http://www.correlatesofwar.org/, for the numbers of conflicts since 1945; see also J. Morrisa and N. J. Wheeler, “The Security Council’s Crisis of Legitimacy and the Use of Force,” International Politics 44 (2007): 214-231, http://www.palgrave-journals.com/ip/journal/v44/n2/full/8800185a.html, for an analysis of some challenges to the UN’s legitimacy.
2. D. Cohen, “Hidden Treasures: What’s So Controversial about Picasso’s Guernica?” Slate , February 6, 2003, http://www.slate.com/articles/news_and_politics/the_gist/2003/02/hidden_treasures.html .
3 . International Business Times , “Global Defense Budget Seen Climbing in 2014; First Total Increase since 2009 as Russia Surpasses Britain and Saudi Arabia Continues Its Security Spending Spree,” February 2, 2014, http://www.ibtimes.com/global-defense-budget-seen-climbing-2014-first-total-increase-2009-russia-surpasses-britain-saudi .
4 . United Nations Meetings Coverage and Press Releases, “Secretary-General Unveils $5.4 Billion 2014–2015 Budget to Fifth Committee, Net Reduction of Posts Draws Mixed Reviews from Delegates,” http://www.un.org/press/en/2013/gaab4080.doc.htm .
Introduction
1 . D. Rivkin, “The Impact of International Arbitration on the Rule of Law,” transcript of the 2012 International Arbitration lecture, https://www.claytonutz.com/ialecture/2012/speech_2012.html .
2 . G. Born, “Between 1800 and 1910 some 185 separate treaties among Latin American states included arbitration clauses, dealing with
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everything from pecuniary claims, to boundaries, to general rela-tions.” in G. Born, “Introduction,” International Arbitration: Law and Practice (The Netherlands: Kluwer), p. 6.
1 Collective Security: The Classical Legacy
1 . The UN Charter, Preamble, http://www.un.org/en/documents/charter/preamble.shtml and Article 1, http://www.un.org/en/documents/charter/chapter1.shtml .
2 . K. Armstrong, Fields of Blood: Religion and the History of Violence (New York: Knopf, 2014), p. 12.
3 . Rice cultivation, as Adolf points out, required “cooperation, coor-dination social cohesion and hydrological expertise, which is why Confucius later wrote ‘from agriculture, social harmony and peace arise,’” in A. Adolf, Peace: A World History (Cambridge: Polity Press, 2009), p. 64.
4 . It should be noted, however, that the UN’s record on preventing smaller wars from erupting has been less successful. According to one estimate, since 1945 there have been “some 250 major wars in which over 50 million people have been killed, tens of millions made homeless, and countless millions injured and bereaved.” See “War and Peace: What’s It All About?,” Peace Pledge Union, http://www.ppu.org.uk/learn/infodocs/st_war_peace.html .
5 . For collective security to work, several important preconditions need to be in place, including a clear definition of what constitutes aggression so that action can be taken quickly before an aggressor can gain territory. Second, some real trust and faith needs to be generated between partnering countries, beyond a treaty obligation, that in their hour of need countries would honor their commitments and, despite any pressing politics of the moment, really send troops to defend another’s territory and not try to wheedle their way out of taking action. A third condition is that all states would, year upon year, contribute to the cost of the common defense or commit their own armed forces to an international force. In the past, as we shall see, some but not all of these conditions have been present.
6 . J. Bederman, International Law in Antiquity (Cambridge: Cambridge University Press, 2001), p. 166.
7 . G. Zampaglione, The Idea of Peace in Antiquity (Notre Dame, IN: University of Notre Dame Press, 1973). Alonso summarizes the steady direction toward more enlightened views. “If war is indeed frequently inevitable,” the Greek city-states believed that
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it was wise to “limit it in space, delay its outbreak for as long as possible, leave a wide margin for diplomacy, and, once it begins, establish generally accepted formal procedures (such as truces, capitulations, and the protection of heralds) that will allow us to maintain relations between belligerent parties.” Victor Alonso, “War, Peace, and International Law in Ancient Greece,” in War and Peace in the Ancient World , ed. K. A. Raaflaub, p. 219 (Malden, MA: Blackwell, 2007), https://is.muni.cz/el/1421/podzim2008/RLB248/um/6315681/War_and_Peace_in_Ancient_World.pdf .
8 . For example, one of the first peace treaties that Delian League negotiated was with the Persians in 449. The deal, according to Plutarch, was negotiated by an Athenian delegate, Callias, who gained assurances from the Persians for freedom of the seas so that “all might sail without fear and be at peace.” Adolf, Peace , p. 42.
9 . Alonso summarizes the steady direction toward more enlightened views. “If war is indeed frequently inevitable,” the Greek city-states believed that it was wise to “limit it in space, delay its outbreak for as long as possible, leave a wide margin for diplomacy, and, once it begins, establish generally accepted formal procedures (such as truces, capitulations, and the protection of heralds) that will allow us to maintain relations between belligerent parties.” Alonso, “War, Peace, and International Law in Ancient Greece,” p. 219.
10 . J. Eyre, “The Rise of a Cosmopolitan State?” https://www.aca-demia.edu/721278/The_Rise_of_a_Cosmopolitan_State .
11 . M. Dillion, and M. Garland, Ancient Rome: From the Early Republic to the Assassination of Julius Caesar (New York: Taylor & Francis, 2006), p. 24.
12 . As Adolf reminds us, the Latin League symbolizes the typical Roman practice of “using war to prepare for peace and peace to prepare for war” ( Peace , p. 47).
13 . See G. Zampaglione, The Idea of Peace in Antiquity (Ardent Media, 2003), p. 135.
14. “History of Europe—Demographics,” Encyclopedia Britannica , http://www.britannica.com/EBchecked/topic/195896/history-of-Europe/58335/Demographics#ref=ref310375 .
15 . “Finance and the Thirty Years War,” HistoryLearningSite.co.uk, 2014, http://www.historylearningsite.co.uk/finance_thirty_years_war.htm .
16 . As the History Channel nicely summarizes the state of play fol-lowing the Thirty Years’ War, the “Netherlands gained indepen-dence from Spain, Sweden gained control of the Baltic and France was acknowledged as the preeminent Western power. The power
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of the Holy Roman Emperor was broken and the German states were again able to determine the religion of their lands.” http://www.history.com/this-day-in-history/thirty-years-war-ends .
17 . This question was put to the test twice—in the English Civil War (1642–1651) and later, with more long-term consequences for the rest of Europe, with the French Revolution (1789–1799).
18 . The human costs were also on a new scale with an estimated one million French soldiers either wounded, invalided, or killed, with a total European death count around five million. See Napoleonic Wars, http://en.wikipedia.org/wiki/Napoleonic_Wars .
19 . W. Mulligan, The Great War for Peace (New Haven, CT: Yale University Press, 2014), pp. 270–271.
20 . D. White also notes in his essay, “FDR’S Sketch: The Four Policemen and the Founding of the United Nations”: “According to Conrad Black, FDR blamed the failure of the League on the United States isolationist position and that this led to the degeneration of the League into ‘a mere meeting place for the political discussion of sticky European political national difficulties,’ as France and Britain consistently blocked the League’s efforts to respond effec-tively to aggression and used the League as an instrument for their own self-destructive policies.” http://newhopeaust.typepad.com/new-hope-for-australia/2012/05/fdrs-sketch-the-four-policemen-and-the-founding-of-the-united-nations-oct-2006.html .
21 . D. Bosco, Five to Rule Them All: The UN Security Council and the Making of the Modern World (New York: Oxford University Press, 2009), p. 31.
22 . As Oliver Richmond points out, “Hindi notions of shanti and ahimsa, which represent first an inner peace and then a wider peace. Islam and Sufi offer an understanding of peace as an inter-nal quest within everyone, which when achieved may lead to an ‘outer peace.’ Hinduism, Buddhism, Christianity, Judaism, and Islam all make such claims in various different ways. Judaism asso-ciates peace with a sectarian identity within a universal peace,” in O. Richmond, Peace: A Short Introduction (Oxford: Oxford University Press, 2014), p. 27.
23 . The Eight Noble Truths are: (1) Right Understanding (understanding of the Four Noble Truths); (2) Right Thought (commitment to nonviolence); (3) Right Speech (abstain from deceit and idle chatter); (4) Right Action (refrain from killing, stealing, and intoxicants); (5) Right Livelihood (not engaging in a profession that is violent or dishonest); (6) Right Effort (positive attitude); (7) Right Mindfulness (being alert to
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the world around you); and (8) Right Concentration (practice of meditation). http://www.clear-vision.org/schools/students/ages-12-14/noble-eightfold-path.aspx . As Adolf states it, “As a moralist, Confucius focused on three traditional, interconnected concepts: li, mores or rites; yi, reciprocal respect; and ren, humane responsi-bility” ( Peace , p. 68).
24. See Richmond, Oliver, Peace a Very Short Introduction (Oxford University Press, 2014), p. 16.
25 . See K. Armstrong, Twelve Steps to a Compassionate Life (New York: Knopf, 2010), pp. 5–6.
26 . See K. Armstrong, The Great Transformation: The Beginning of Our Religious Traditions (Knopf Doubleday Publishing Group, 2006), p. xii.
27 . There were some caveats, however, under Islam, that peacemak-ing needed to be reciprocal, and congregants were instructed to be wary of “false peacemakers.” Richmond, Peace , p. 27.
St Francis of Assisi’s prayer includes the following words, “Lord, make me an instrument of Thy peace; where there is hatred, let me sow love . . . ,” Prayer of St Francis, http://en.wikipedia.org/wiki/Prayer_of_Saint_Francis .
28 . See Mark J. Allman and Tobias L. Winright, After the Smoke Clears: The Just War Tradition and Post War Justice (Maryknoll, NY: Orbis Books, 2010), pp. 32–33.
2 A G lobal Forum Dedicated to the Prevention of Conflict: The Visionary Architects
1 . D. Archibugi, “Models of International Organization in Perpetual Peace Projects,” Review of International Studies 18 (1992), 295–317, http://www.danielearchibugi.org/downloads/papers/models.pdf .
2 . Ibid. 3 . To help make his point, Cruc é draws the following analogy: “When
one sees the house of his neighbor burning or tumbling down that one has as much cause for fear as compassion, because human soci-ety is a body all of whose members have a common sympathy, so that it is impossible that the sickness of one shall not be communi-cated to the others.” W. E. Darby, “Emeric Cruce on International Arbitration,” International Arbitration. International Tribunals: A Collection of the Various Schemes which Have Been Propounded; and of Instances in the Nineteenth Century (New York: J. M. Dent, 1904), pp. 23–24.
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4 . Cruc é writes, “All the said Princes would swear to uphold as invi-olable law whatever had been passed by majority vote in said Assembly and to pursue by force of Arms those who wished to oppose it.” See History Today , vol. 18, issues 1–6.
5 . Cruc é further writes, “The distance of places and the separation of domiciles does not lessen the relationship of blood. It cannot either take away the similarity of natures, true basis of amity and human society.” See A. Hamilton, Fellowship, Self-Love, and Cultivation: Commercial Discourse in the Writings of Hugo Grotius, Jean Domat, and Nicholas Barbon (Madison: University of Wisconsin-Madison, 1994), p. 29.
6 . Carnegie Endowment for International Peace, Year Book , vol. 1 (1911), p. 177.
7 . Archibugi notes that in Sully’s memoirs published in 1638 “Henry IV had worked out a secret ‘Grand Design’ for the purpose of establishing lasting peace among the nations of Europe” (“Models of International Organization,” p. 300).
8 . Sully writes that the payments would be proportional to each nation’s size: “It would only be necessary for each of them to con-tribute, in proportion to their several abilities, towards the support of the forces and all the other incidental expenses which the suc-cess of such an enterprise might require.” Maximilien de B é thune duc de Sully, The Memoirs of the Duke of Sully: Prime-Minister to Henry the Great , vol. 5 (Edward Earle, 1817), p. 87.
9 . The body ended up being composed of “six hereditary monarchs (France, Spain, Great Britain, Denmark, Sweden and Lombardy), six elective powers (the Papacy, Venice, the Empire, Poland, Hungary and Bohemia) and three federated republics (Helvetia, Italy and Belgium, along with the Spanish Netherlands).”
10 . Maximilien de Bethune de Sully (duc) and Pierre Mathurin De L’Ecluse des Loges. Memoirs of Maximilian de Bethune, duke of Sully, prime minister to Henry the Great. To which is annexed The trial of Ravaillac for the murder of Henry the Great, Volume 5. Translated by Charlotte Lennox (Alex, Lawrie and Co., 1805).
11 . Sully states, for example, “Should the grand duke of Muscovy or czar of Russia . . . refuse to enter into the association after it is proposed to him, he ought to be treated like the Sultan of Turkey, deprived of his possessions in Europe, and confined to Asia only, where he might, as long as he pleased, and without any interrup-tion from us, continue the wars in which he is almost constantly engaged against the Turks and Persians” (Sully, The Memoirs of the Duke of Sully ).
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12 . Maximilien de Bethune de Sully (duc) and Pierre Mathurin De L’Ecluse des Loges. Memoirs of Maximilian de Bethune, duke of Sully, prime minister to Henry the Great, p. 139.
13 . P. Van Den Dungen, “The Abbe De Saint Pierre and the English Irenists of the 18th century (Penn, Bentham and Bentham),” International Journal of World Peace 17.2 (June 2000): 5.
14 . Saint Pierre justified his peace proposal in the following way: “Having seen with my own eyes . . . all the evil that war causes . . . I resolved to investigate the original source of the evil . . . by ascer-taining whether or not it was possible to find practical ways to end all their (viz. Europe’s) future disputes without declaring war and thereby establishing permanent peace between them.” Quoted in R. Louden, The World We Want: How and Why the Ideals of the Enlightenment Still Elude Us (New York: Oxford University Press, 2007), p. 97.
15 . Archibugi suggests that part of the reason for this was the author’s “untiring efforts to popularize his own writings” (“Models of International Organization,” p. 300).
Saint-Pierre envisages the task this way: First, all the Christian sovereigns of Europe shall form a per-manent union for peace and security, endeavoring also to make treaties with Muslim sovereigns, and the sovereigns are to be rep-resented by deputies in a perpetual senate in a free city. Second, the European society shall not interfere with the governments except to preserve them from seditious rebellions, and he even went so far as to guarantee hereditary sovereignties. Third, the Union shall send commissioners to investigate conspiracies and revolts and may send troops to punish the guilty according to the laws. Fourth, territories shall remain as they are unless three-fourths of the Union votes for a change, and no treaties may be made without the “advice and consent” of the Union. Fifth, no sovereign shall possess more than one state.
See Saint-Pierre’s Peace Plan in S. Beck, “Peace Plans of Rousseau, Bentham, and Kant,” http://www.san.beck.org/GPJ15-Rousseau,Kant.html .
16 . Archibugi, “Models of International Organization,” Review of International Studies 18 (1992): 300.
17 . Penn writes that such regular meetings might “establish rules of justice for sovereign princes to observe one to another; and thus to meet yearly . . . before which sovereign assembly shall be brought all differences depending between one sovereign and another that cannot be made up of private embassies before the sessions begin.” W. Penn, “An Essay towards the Present and Future Peace
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of Europe by the Establishment of an European Diet, Parliament or Estates,” in The Peace of Europe, the Fruits of Solitude and Other Writings , ed. W. Penn (London & Toronto: J. M. Dent, 1915), pp. 7–8.
18 . Rousseau argues that accordingly Saint Pierre proceeded from “error to error in all his systems out of a wish to make men similar to him, instead of taking them as they are and will continue to be” ( Confessions IX , pp. 354–355).
19 . “The Plan for Perpetual Peace,” extracted from Saint-Pierre to Rousseau C. Spector, “Le Projet de paix perp é tuelle: De Saint-Pierre à Rousseau,” in Principes du droit de la guerre, Ecrits sur le Projet de Paix Perp é tuelle de l’abb é de Saint-Pierre , ed. B. Bachofen and C. Spector, trans. P. Camillier (Paris: Vrin, 2008), pp. 229–294.
20 . Rousseau wrote in the Judgment published posthumously in 1782 (a decade after his Abstract of Monsieur l’Abbe de Saint Pierre [1761]) the following more sober assessment of Saint Pierre’s plan:
It is not said that if his system [Saint-Pierre’s] has not been adopted it is because it was not a good one; what should be said is that it was too good to be adopted. For evil and abuses in which so many people indulge are introduced by themselves; but what is useful for public can only be imposed by force since particular interests are almost always opposed to it.
J. J. Rousseau, The Plan for Perpetual Peace, on the Government of Poland and Other Writings on History and Politics (Dartmouth, Trans from the French Edition, 2011). p. 389.
3 Balancing the Powers: Kant’s Key Contribution
1 . I. Kant, Practical Philosophy: Perpetual Peace (Cambridge University Press, 1999), p. 342.
2 . A. Perreau-Saussine, “Immanuel Kant on International Law,” in Philosophy of International Law , ed. S. Besson and J. Tasioulas (Oxford: Oxford University Press, 2010), p. 6.
3 . The Constitution of 1791 reads: “The French Nation forgoes the undertaking of any war of conquest, and shall never use force against the freedom of any people.” M. Ceadel, The Origins of War Prevention: The British Peace Movement and International Relations, 1730–1854 ( Oxford: Clarendon Press, 1996), p. 79.
4 . See Reinhold Bernhard Jachmann, Immanuel Kant geschildert in Briefen an einen Freund (Koenigsberg, 1804), pp. 29, 141. As Jachmann also notes in the memoirs published in the year of the philosopher’s death, “Kant was so keen on having the newspapers
NOTES 153
in those critical moments that he would have queued for hours in front of the post-office; there was no greater pleasure we could give him except for bringing the latest and authentic news from France.” See also Jacques Droz, L’Allemagne et la R é volution Fran ç aise (Paris: Presses Universitaires de France, 1949), pp. 156–157. The revolution, he reports, “occupied him entirely; he linked everything to it and never lacked instructive observations on the progress of the movement and the character of its protagonists.”
5. UN Resolution 502 (VI) passed in January 1952, created the United Nations Disarmament Commission (UNDC) under the Security Council with a general mandate on disarmament questions.
6 . Kant’s contempt for monarchs who are not prepared to make the “slightest sacrifice so far as banquets, hunts, pleasure palaces and court festivals are concerned” and viewed war as a kind of amusement, is scathing. I. Kant, Political Writings (Cambridge: Cambridge University Press, 1991), p. 100.
7. F. Rauscher, “Kant’s Social and Political Philosophy,” The Stanford Encyclopedia of Philosophy (Summer 2012 ed.), ed. Edward N. Zalta, http://plato.stanford.edu/archives/sum2012/entries/kant-social-political.
8 . See I. Kant, “Perpetual Peace: A Philosophical Sketch,” section 1, paragraph 2, https://www.mtholyoke.edu/acad/intrel/kant/kant1.htm . As Rauber points out, Kant’s own explanatory notes elucidate that even more: “It [i.e. the state] is a society of men, which no-one other than itself can command or dispose of.” The right of self-deter-mination is enshrined in the charter following Kantian principles: “All peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every State has the duty to respect this right in accordance with the provisions of the Charter.” See J. Rauber, “The United Nations—a Kantian Dream Come True? Philosophical Perspectives on the Constitutional Legitimacy of the World Organisation,” Hanse Law Review 5.1 (2009): 49–75.
9 . The essay’s second definitive article relates to the need to set up a “federation of free states,” for without such a structure, inevi-tably states would war with one another: “peoples, as states, like individuals, may be judged to injure one another merely by their coexistence in the state of nature (i.e., while independent of exter-nal laws).”
10 . J. Bentham, “Anarchical Fallacies: Being an Examination of the Declarations of Rights Issued during the French Revolution,” The Works of Jeremy Benthan , vol. 2 (Edinburgh: Tait, 1853), p. 501.
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11 . See A. Ripstein, Force and Freedom: Kant’s Legal and Political Philosophy (Cambridge, MA: Harvard University Press, 2010), p. 327.
12. See H. Holzhey and V. Mudroch, The A to Z of Kant and Kantianism (Lanham, MD: Rowman and Littlefield, 2010), p. 19.
13. See T. Magstadt, Understanding Politics, Ideas, Institutions and Issues (Stamford, CT: Cengage Learning, 2014), p. 421.
14. M. Macmillan, Paris 1919: Six Months That Changed the World (New York: Random House, 2007), p. 15.
15 . Ibid., p. 16. 16 . See M. Mazower, No Enchanted Place: The End of Empire and the
Ideological Origins of the United Nations (Princeton, NJ: Princeton University Press, 2009), p. 21.
17 . A. Simpson, Human Rights and the End of Empire: Britain and the Genesis of the European Convention (Oxford: Oxford University Press, 2004), p. 124.
18 . See Mazower, No Enchanted Place , for an excellent discussion of the tensions between the United States and the United Kingdom, concerning how to square the issue of empire with the need for the right of colonized people to national self-determination.
19 . Macmillan, Paris 1919 , p. 486. 20 . As Bosco points out in Five to Rule Them All , although the United
Nations first appears as a military defense organization in 1942, FDR employs a team at the State Department to flesh out plans for the new organization before the United States formally entered the war. See David L. Bosco, Five to Rule Them All (New York: Oxford University Press, 2009), pp 13–14.
4 The Rise of International Law: The Decisive Contribution of Hugo Grotius
1 . See S. K. Verma, An Introduction to Public International Law (New Delhi: Prentice Hall of India1998), p. 341.
2 . “Treaty of Peace between Rameses II and the Hittites,” trans. C. W. Goodwin, in Records of the Past: Being English Translations of the Assyrian and Egyptian Monuments , vol. 4 (London: Samuel Bagster, 1875), pp. 27–34, http://www.shsu.edu/~his_ncp/Hittites.html .
3 . “Duhaime’s LawGallery—“The Law in Pictures,” http://www.duhaime.org/LawMuseum/LawGal lery/Item58/2550_BC_Peace_Treaty_of_Mesilim.aspx .
NOTES 155
4 . F. Kellor, American Arbitration: Its History, Functions and Achievements (Washington, DC: Beard Books, 1999), pp. 3–4.
5 . P. Potter, An Introduction to the Study of International Organization (New York: Century Company, 1922), p. 224.
6 . See H. Grotius, The Internet Encyclopedia of Philosophy, http://www.iep.utm.edu/grotius/#H4.
7. Miller, in the Stanford Encyclopedia of Philosophy , comments on Grotius in the following manner: “By doing all of this, the Grotian school is supposed to negotiate a middle way between bare-knuck-led ‘Machiavellianism’ and excessively idealistic ‘Kantianism’ (for more, see Wight together with the criticisms in Bull [1976]). Depending on the fortunes of these schools at any particular moment in history, Grotius’ influence on international relations will be waxing or waning.” Jon Miller, “Hugo Grotius,” Stanford Encyclopedia of Philosophy (Spring 2014 ed.), ed. Edward N. Zalta, http://plato.stanford.edu/archives/spr2014/entries/grotius/ .
8 . R. Tuck, The Rights of War and Peace: Political Thought and the International Order from Grotius to Kant (Oxford: Oxford University Press, 1999), pp. 80–81.
9 . As the International Judicial Academy makes clear, Grotius firmly believed that no state could claim exclusive owner-ship over any part of the seas, although he did acknowledge the sovereignty of coastal states. Although the UN Convention places spatial limitations on the high seas, it built upon Grotius’ ideas and expanded freedom of the high seas to include, in addition to basic navigation, overflight, scientific research, and clearer responsibili-ties of jurisdiction, protection, and enforcement.
“Leading figures in International Law,” International Judicial Monitor 2.3 (October/November 2007), http://www.judicialmonitor.org/archive_1007/leadingfigures.html .
10 . H. Grotius, Hugo Grotius on the Law of War and Peace: Student Edition (Cambridge: Cambridge University Press, 2012), p. 8.
11 . H. Grotius and J. Barbeyrac, The Rights of War and Peace, in Three Books: Wherein Are Explained, the Law of Nature and Nations, and the Principal Points Relating to Government (The Lawbook Exchange, 1738), p. 628.
12 . H. Grotius, The Rights of War and Peace , Chapter 20, http://www.bartleby.com/172/220.html .
13 . Glanville acknowledges that Grotius accepted that the “defence of strangers was a duty but, emphasising the natural right of self-preservation, insisted that princes and states were bound to dis-charge this duty only to the extent that it could be carried out with
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‘convenience’ and without excessive cost to themselves.” Glanville goes onto argue that “the idea that states have a responsibility to protect populations beyond their borders, then, is not new.” L. Glanville, “The Responsibility to Protect Beyond Borders,” Human Rights Law Review , published by Oxford Journal of Law (January 24, 2012).
14 . Clausewitz opens his famous book On War with the observation that international law can be classified as “self-imposed restrictions almost imperceptible and hardly worth mentioning.” Clausewitz, On War , Book 1, Chapter 1, http://www.clausewitz.com/readings/OnWar1873/BK1ch01.html .
15 . See A. Adolf, Peace: A World History (Cambridge: Polity, 2009), pp. 129–130.
16 . Ibid., p. 179. 17 . As Maogoto observes, “The Pact prohibited war as an instru-
ment of national policy and recognized the right of self-defence as a legal right, thus tacitly excluding other previously accepted forms of self-help as avenues legitimating the use of military force.” But as Maogoto also notes, the Kellogg-Briand Pact had serious f laws. “The prohibition of war, for instance, failed to be linked to a system of sanctions. Its preamble simply declared that a state violating the Pact ‘should be denied the benefits furnished by the Treaty.’ An even more serious deficiency was the Pact’s failure to outlaw the use of force in general, as well as war.” J. Maogoto, “Walking an International Tightrope: Use of Military Force to Counter Terrorism—Willing the End,” pp. 406–407, https://www.academia.edu/225356/Walking_an_International_Tightrope_Use_of_Military_Force_to_Counter_Terrorism_-_Willing_the_End .
18 . J. Maogoto, “Walking an International Tightrope,” p. 408. 19 . See United Nations Treaty Collection, https://treaties.un.org
/Pages/DB.aspx?path=DB/MTDSG/page1_en.xml .
5 Sovereignty: The UN and the Westphalian Legacy
1 . See D. Bosco, Five to Rule Them All: The US Security Council and the Making of the Modern World (New York: Oxford University Press, 2009), pp. 32–35.
2 . As some commentators have pointed out, Westphalia did not cre-ate a system of sovereign states—since 1300 several states, partic-ularly France and England, could be termed “sovereign” in the
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Westphalian sense. However, 1648 could mark their entry into the world of interdependent and legally sanctified state powers with a right to defend themselves against claims from the Holy Roman Empire. See D. Philpott, “Sovereignty,” The Stanford Encyclopedia of Philosophy , Summer 2014 ed., ed. E. N. Zalta, http://plato.stan-ford.edu/archives/sum2014/entries/sovereignty/ .
3 . Although, as some commentators have pointed out, the signifi-cance of the Peace of Westphalia has been exaggerated (states, for example, within the Holy Roman Empire had established many of the rights attaching to sovereignty prior to 1648, such as the ability to determine their own foreign policy), the German agree-ment changed the basis for how states coexisted. See A. Osiander, Sovereignty, International Relations, and the Westphalian Myth from Jus ad Bellum to Jus contra Bellum (Cambridge, MA: MIT Press, 2001).
4 . This obligation related to collective self-defense was supplemented by a rule on collective sanctions in the following (124th) article: “If for the space of three years the Difference cannot be terminated by anyone of those [peaceful] means, all and every one of those con-cerned in this Transaction shall be obliged to join the injured Party, and assist him with Counsel and Force to repel the Injury . . . and the Contravener shall be regarded as an Infringer of the Peace.” As Ove Bring asserts, “The weakness of the Westphalian peace and security system soon became apparent. In modern parlance, it had no institutional backing and contained no mechanism for imple-menting crisis management procedures. Moreover, there was more often than not a lack of political will in the ensuing era of absolut-ism. Non-peaceful settlement of disputes seemed to be the rule.” O. Bring, “The Westphalian Peace Tradition in International Law from Jus ad Bellum to Jus contra Bellum,” International Law Studies Journal 75, International Law Across the Spectrum of Conflict: 62.
5 . With respect to freedom of religion, Westphalia Treaty marked a significant breakthrough because, under Article 5(11) of the Osnabruck Treaty, the ruler could not compel his subjects to change their religion in conformity to his own. In terms of prisoners’ rights the Treaty of Westphalia (1648) ended the practice of enslaving prisoners and stipulated that prisoners of war were to be released without ransom. “Prisoners of War,” Encyclopedia Britannica , http://www.britannica.com/EBchecked/topic/477235/prisoner-of-war-POW .
6 . In this way, the Westphalian Peace Treaty reflects Grotius’s view, as articulated by Bull, “that states and the rulers of states in their
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dealings with one another were bound by rules and together formed a society. . . . Even without central institutions, rules and peoples might constitute a society among themselves, an anarchical society or society without government. . . . It is this idea which . . . provides the core of what we may call the Grotian tradition.” “The Anarchical Society,” quoted by H. Brauch, “The Three Worldviews of Hobbes,
Grotius and Kant: Foundations of Modern Thinking on Peace and Security; Contextual Change and Reconceptualisation of Security,” http://www.afes-press.de/pdf/Hague/Brauch_Worldviews.pdf , p. 6.
7 . Bring recounts a series of wars that occurred within years of the treaty being signed, including the following: “The first trade war between the Netherlands and Britain was fought between 1652–54. During the same decade, Spanish troops recaptured Barcelona from French occupation, Sweden intervened in the Polish, Russian war, Denmark attacked Sweden’s territories in northern Germany, Britain and France jointly attacked Spain, etc.” See M. N. Schmitt (ed.), “The Westphalian Peace Tradition in International Law,” International Law Across the Spectrum of Conflict: Essays in Honour of Professor L. C. Green on the Occasion of His Eightieth Birthday , vol. 75 (New Port, RI: International Law Studies, 2000), p. 62.
8 . Article 2 of the UN Charter in particular is a virtual hymn to the Westphalian state, declaring in its prefatory words, “The organi-zation is based on the principle of the sovereign equality of all its Members and that the territorial integrity or political indepen-dence of any state,” is not placed in jeopardy by an aggressive act of another state.
9 . In particular, Louis XIV invaded the Palatinate in Southern Germany in 1688 and waged the War of Spanish Succession (1702–1714), grasping the opportunity of acquiring Spanish lands when the Spanish king lacked an heir.
10 . The powers that countered French power called themselves the “Grand Alliance,” a coalition of the Netherlands, Austria, Prussia, and England and a ground force of nearly seventy thousand sol-diers; “the Grand Alliance defeated the French at Blenheim in 1704, Ramillies in 1706, and in several successive battles. Eventually, the French were forced to give up their Spanish ambi-tions and renounce all of their conquests.” See Hayes, E., “Fear and Attraction in Statecraft: Western Multilateralism’s Double-Edged Sword,” Naval Postgraduate School thesis, 2013, p. 36, file:///Users/laurencepeters/Downloads/ADA584081%20(1).pdf.
NOTES 159
11 . E. Burke, “Thoughts on French Affairs,” quoted in B. Simms and J. Trim, Humanitarian Intervention: A History (Cambridge: Cambridge University Press, 2011), p. 107.
12 . As Koh notes, Kant in particular now argued “not for world gov-ernment, but for a law-governed international society among sovereign states, in which the strong ties existing among indi-viduals create mutual interests that cut across national lines. Kant believed these transnational ties would create moral inter-dependence, and lead to greater possibilities for peace through international agreement.” While Bentham put forward a strik-ingly procedural and positivistic proposal to combat war, which he defined as “A species of procedure by which one nation endea-vours to enforce its rights at the expense of another nation.” Bentham recommended “perfecting the style of the laws of all kinds, whether internal or international”; and creating “a com-mon court of judicature” to settle differences of inter-state opin-ion by circulating rulings” in the dominions of each state. H. H. Koh, “Why Do Nations Obey International Law?” Faculty Scholarship series, paper 2101 (1997), p. 2610, http://digitalcom-mons.law.yale.edu/fss_papers/ .
13 . C. Lynch, “Peace Movements, Civil Society and the Development of International Law,” in The Oxford Handbook of the History of International Law , ed. B. Fassbender and A. Peters (Oxford: Oxford University Press, 2012), p. 106.
14 . D. Cortright, Peace: A History of Movements and Ideas (Cambridge: Cambridge University Press, 2008), p. 35.
15 . J. Gittings, The Glorious Art of Peace (Oxford: Oxford University Press, 2012), p. 132.
16 . M. Janis, International Courts for the Twenty-First Century (The Netherlands: Martinus Nijhoff, 1992), p. 15.
17 . V. Barth, “International Organisations and Congresses,” European History Online , http://ieg-ego.eu/en/threads/transnational-move-ments-and-organisations/international-organisations-and-congresses .
18 . Gittings, The Glorious Art of Peace , 132. 19 . The optimism continued to power the generation of peace societ-
ies, with a hundred registered by the time of the 1889 Universal Peace Conference. The dedicated among the peace societies kept the flame for peace alive despite the interruption of the Crimean (1853–1856) and Franco Prussian (1870–71) wars.
20 . A. Adolf, Peace: A World History (Cambridge: Polity Press, 2009), p. 179.
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21 . Ibid. 22 . As Adolf notes, even as war broke out sixty thousand Germans
protested for peace. Adolf, Peace , 179. 23 . As Yearwood writes, the leaders had to reward their people’s sac-
rifice, had to justify that military victory in 1918 was better than pursuing peace terms in 1916 or 1917. See P. Yearwood, Guarantee of Peace: The League of Nations in British Policy 1914–1925 (Oxford: Oxford University Press, 2009), p. 89.
24 . As many commentators have noted, the League’s basic politi-cal structure was sorely tested by the departure of Germany and Japan from the body in 1933 and the Italian invasion of Abyssinia in 1935. So much so that “by 1937, all heart for collective action had gone out of the league.” See S. McGlinchey, “E. H. Carr, and The Failure of the League of Nations,” http://www.e-ir.info/2010/09/08/e-h-carr-and-the-failure-of-the-league-of-nations-a-historical-overview/ .
25 . P. Kennedy, The Parliament of Man, the Past, Present and Future of the United Nations (New York: Random House, 2006), p. 24.
26 . The League of Nations Covenant “forbade military aggression but did not reject the limited right of a state to start a war, provided that it had first submitted the dispute to arbitration, judicial deci-sion, or the Council of the League. If one party accepted the find-ings of the negotiating body and the second did not, the first might then resort to war legally after a ‘cooling-off ’ period.”
27 . B. Fassbender. “Sovereignty and Constitutionalism in International Law” in N. Walker (ed.) Sovereignty in Transition, Essays in European Law (Oxford: Hart Publishing, 2003).
28. Article 51 of Chapter VII of the UN Charter reads, “Nothing in the present Charter shall impair the inherent right of individual or col-lective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.” Charter of the United Nations, http://www.un.org/en/documents/charter/ .
29 . As Gandois points out, “The notion of sovereignty as respon-sibility to protect was endorsed first in the 2004 report, “A More Secure World: Our Shared Responsibility by the High-
NOTES 161
Level Panel on Threats, Challenges and Change,” and sub-sequently in the 2005 secretary-general’s report In Larger Freedom . It was finally endorsed and recognized as a new inter-national norm by the 191 member states of the United Nations on September 16, 2005. “Sovereignty as Responsibility: Theory and Practice in Africa,” https://www.academia.edu/152155/Sovereignty_as_responsibility_Theory_and_practice_in_Africa .
30 . See, for example, R. Flawith, “Climate Change: A Crisis for State Sovereignty,” Climate Himalaya (2007), http://chimalaya.org/2011/05/26/climate-change-a-crisis-for-state-sovereignty/ .
6 The UN and the Rise of the Humanitarian Tradition
1 . United Nations Brussels office based on European Commission data, 2009–2013, Diametros 38 (2013): 134–152, http://www.unbrussels.org/report2013/files/graph-B1.png .
2 . It was the only a result of inclusive conference in San Francisco in which the voice of all the nations outside the big five were heard (most notably the Global South) that a fairly nebulous agency, the Economic and Social Council (ECOSOC), first developed by the US State Department to address poverty in the hope that it would alleviate the causes of war was elevated to equal ranking with the Security Council, the General Assembly, and the World Court.
3 . K. L. Maxwell, “The First ‘Modern’ Disaster (but if Modern, How Is it So?),” p. 2, http://www.mod-langs.ox.ac.uk/files/windsor/5_maxwell.pdf .
4 . “The Dialogue between Voltaire and Rousseau on the Lisbon Earthquake: The Emergence of a Social Science View,” International Journal of Mass Emergencies and Disasters 18.1 (March 2000): 97–115.
5 . Maxwell, “The First ‘Modern’ Disaster,” p. 5. 6 . J. W. Meri and J. L. Bacharach, Medieval Islamic Civilization: An
Encyclopedia , vol. 1, A-K (Taylor & Francis, 2006), p. 146. 7 . In particular, the CRB was the inspiration for the creation of United
Nations Relief and Rehabilitation Administration (UNRAA) combining private charity and international cooperation. See P. MacAlister-Smith, International Humanitarian Assistance: Disaster Relief Actions in International Law and Organizations (Dordrecht: Martinus Nijhoff, 1985), pp. 11–12.
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8 . “United Nations Development Programme,” Wikipedia , http://en.wikipedia.org/wiki/United_Nations_Development_Programme .
9 . See S. Moyn, The Last Utopia: Human Rights in History (Cambridge: Harvard University Press, 2010), who also writes that the so-called founders of the natural rights movement were “anything but humanitarians” endorsing an “austere doctrine that refused a list of basic entitlements” (pp. 21–22).
10 . As A. Lisska notes, some of the Salamanca students like the Dominicans friars Francisco de Vitoria (1492–1546), Domingo de Soto (1494–1560), Bartolemo Las Casas (1474–1566), Domingo Banez (1528–1640), and the Jesuit Francisco Suarez (1548–1617) constituted the “Second Scholasticism” contributing substantively to the development of modern and contemporary human rights theory. “Human Rights Theory Rooted in the Writings of Thomas Aquinas,” Diametros 38 (2013): 134–152.
11 . The author pulls no punches in describing the Spanish barbarity and even asks his readers whether “these Spaniards deserve not the name of Devils. For which of these two things is more eligible or desirable whether the Indians should be delivered up to the Devils themselves to be tormented or the Spaniards?” A Brief Account of the Destruction of the Indies , Project Guttenberg, http://www.gutenberg.org/files/20321/20321-8.txt .
12 . E. G. Wilson, Thomas Clarkson: A Biography (London: The Macmillan Press, 1989).
13 . See Las Casas, “An Essay on Slavery and Commerce of the Human Species” (1785), quoted in J. Almeida, Reimagining the Transatlantic: 1780–1890 (Surrey, UK: Ashgate, 2013), p. 31.
14 . In addition to the instruments of torture that Clarkson carried with him while crisscrossing the country on horseback was a chest filled with art made by Africans. He carried them to remind peo-ple of two things: first, slaves were people capable of the same kind of artistic skill as any civilization; and second, another more lucra-tive trade could be had with the continent.
15 . William Wilberforce’s 1789 Abolition Speech before the House of Commons, May 12, 1789, quoted in A. Hochschild, Bury the Chains: Prophets and Rebels in the Fight to Free an Empire’s Slaves (Boston: Houghton, Mifflin Harcourt, 2006), p. 160.
16 . F. Douglass, The Life and Times of Frederick Douglass: From 1817–1882 (Radford, VA: Wilder Publications, 2008), p. 209.
17 . International Relations and Legal Cooperation in General Diplomacy and Consular Relations , Published under the Auspices of the Max
NOTES 163
Planck Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt, p. 278.
18 . H. Dunant, “A Memory of Solferino,” http://www.ourstory.info/library/1-roots/Dunant2/Solferino3.html .
19 . Pictet described the first Geneva Convention as “the basis on which rest the rules of international law for the protection of the victims of armed conflicts.” J. S. Pictet, “The New Geneva Conventions for the Protection of War Victims,” American Journal of International Law 45.3 (1951): 462–475, doi: 10.2307/2194544.
20 . See J. Gittings, The Glorious Arts of Peace: From the Iliad to Iraq (Oxford: Oxford University Press, 2012), p. 132.
21 . The Declaration of the Rights of the Child reads as follows: “The child must be given the means requisite for its normal devel-opment, both materially and spiritually. The child that is hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped, the delinquent child must be reclaimed, and the orphan and the waif must be sheltered and succored. The child must be the first to receive relief in times of distress. The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation. The child must be brought up in the consciousness that its talents must be devoted to the service of its fellow men.”
“Eglantyne Jebb, 1876–1928, Founder of Save the Children and champion of children’s rights in HerStoria,” http://herstoria.com/?p=663 .
22 . Darian Smith, in discussing Du Bois’s critical role, says: “In 1944 a closed meeting of the Allied powers was held at Dumbarton Oaks to set up the structure of the UN. From the perspective of Du Bois and the NAACP, the meeting was a disaster, with the issue of colonialism and the plight of 750 million people of col-our conveniently ignored by the British, American, and Soviet representatives. He wrote in Color and democracy : colonies and peace (1945) that the problem of the Dumbarton proposal was that ‘between one fourth and one-half of the inhabitants of the world will have no part in it—no power of democratic control.” In “Re-reading W. E. B. Du Bois: The global Dimensions of the US Civil Rights Struggle,” Journal of Global History 7 (2012): 483–505.
23 . See R. Lemkin, “Axis Rule in Occupied Europe: Laws of Occupation—Analysis of Government—Proposals for Redress in which he coined the new word ‘genocide’ in 1943,” http://www.preventgenocide.org/lemkin/AxisRule1944-1.htm .
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24 . Article 71 reads: “The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its com-petence. Such arrangements may be made with international organizations and, where appropriate, with national organiza-tions after consultation with the Member of the United Nations concerned.” See also C. Stephenson, “What are Nongovernmental Organizations,” http://www.beyondintractability.org/essay/role-ngo .
7 The Peaceful Settlement of Disputes
1 . See S. Hornblower, A. Spawforth, and E. Eidinow, The Oxford Classical Dictionary (Oxford: Oxford University Press, 2012), p. 133.
2 . J. H. W. Verzijl, International Law in Historical Perspective: Inter-State Disputes and Their Settlements (Martinus Nijhoff, 1976), pp. 185–186.
3 . A. Soons, International Arbitration: Past and Prospects . A Symposium to Commemorate the Centenary of the Birth of Professor J. H. W. Verzijl (Martinus Nijhoff, 1990), pp. 201–203.
4 . C. Romano, The Sword and the Scales: The United States and International Courts and Tribunals (New York: Cambridge, 2009), p. 58.
5 . J. Gittings, The Glorious Art of Peace: From the Iliad to Iraq (Oxford: Oxford University Press, 2012), p. 132.
6 . Ibid. 7 . J. Fahey and R. Armstrong, “Address to the Congress of Peace
1851,” in Peace a Reader: Essential Readings on War, Justice, Non-Violence, and World Order (New Jersey: Paulist Press, 1992), p. 187.
8 . I. Abrams, “Historical Focus: William Randal Cremer,” http://www.ipu.org/strct-e/cremer.htm .
9 . I. Sandholtz, Prohibiting Plunder: How Norms Change (New York: Oxford, 2007), p. 94.
10 . “Hague Appeal for Peace,” http://www.haguepeace.org/index.php?action=history&subAction=conf&selection=when . See also D. Cortright, Peace: A History of Movements and Ideas (Cambridge: Cambridge University Press, 2008), p. 12.
11 . Ibid., p. 41.
NOTES 165
12 . A. Eyffinger, The First Hague Peace Conference of 1899: “The Parliament of Man, the Federation of the World” (New York: Springer, 1999).
13 . In the year following the peace conference “a new German Naval Law announced a building program aimed at catching up with the superior British naval strength . . . While the British set about devel-oping a new generation of ‘super’ battleships (the ‘Dreadnoughts’: 18,000 tons, 10 × 12” guns) which spurred the Germans to even greater activity.” “Australia’s Foreign Wars: Origin, Costs, Future?! Appendix B,” http://www.britishempire.co.uk/article/australias-warsb.htm .
14 . M. Haas, International Human Rights: A Comprehensive Introduction (Abingdon, London: Routledge, 2012), p. 61.
15 . R. Cremer, “The Progress and Advantages of International Arbitration,” Nobel Prize Lecture, January 15, 1905, http://www.nobelprize.org/nobel_prizes/peace/laureates/1903/cremer-lecture.html .
16 . See “The St. Louis Historic Connection: 105 Years of History,” Crimes Against Humanity Initiative, A Rule of Law Project of the Whitney R. Harris World Law Institute, http://law.wustl.edu/harris/crimesagainsthumanity/?page_id=505 .
17 . G. Dangerfield, The Strange Death of Liberal England [1910–1914] (London: Perigee Trade, 1935), p. 16.
18 . L. Desjardins, England, Canada and the Great War (Auckland, New Zealand: Floating Press, 2011), p. 33.
19 . S. Beck, “Wilson and the League of Nations,” History of Peace, vol. 2, World Peace Efforts Since Gandhi, http://en.wikipedia.org/wiki/Women%27s_International_League_for_Peace_and_Freedomhttp://www.san.beck.org/GPJ21-Leagueof Nations.html#1 .
20 . D. Nasaw, Andrew Carnegie (New York: Penguin Books, 2007), p. 680.
21 . Enough weight was attached to the treaties that the judges of the Nuremberg Major War Criminals Trials found that the rules passed by the 1907 Hague Convention were “recognized by all civilized nations, and were regarded as being declaratory of the laws and customs of war” and rendered German claims that due to subjugating countries they had established their own authority moot. Similarly when the UN goes on fact-finding trips in times of war to establish certain facts such as whether atrocities have been committed or who started the conflict, the UN teams are relying on The Hague Peace Conference conventions.
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22 . P. N. Stearns, Peace in World History (New York: Routledge, 2014), p. 112.
23 . F. Furedi, First World War: Still No End in Sight (London: Bloomsbury, 2014), p. 16.
24 . Beck, http://www.san.beck.org/GPJ21-LeagueofNations.html . 25 . “Women’s International League for Peace and Freedom,” Wikipedia ,
26 . “League to Enforce Peace is Launched: American Branch of Proposed Union of Nations Declares for Force, if Necessary,” New York Times , June 18, 1915, p. 4.
27 . M. Hawkesworth and M. Kogan, Encyclopedia of Government and Politics , vol. 2 (Psychology Press, 1992), p. 806.
28 . F. Cede and L. Sucharipa-Behrmann, The United Nations: Law and Practice (The Hague: Martinus Nijhoff, 2001), p. 5.
8 The Development of the Universal Declaration of Human Rights
1 . The Americans in particular advocated for an International Military Tribunal (and not summary executions of the leaders) to ensure in the words of Secretary of State Cordell Hunt that “the Germans will not be able to claim that an admission of war guilt was extracted from them under duress.” The Holocaust Encyclopedia , http://www.ushmm.org/wlc/en/article.php?ModuleId=10007069 .
2 . Twice in 1944, delegates from Britain, China, the United States, and USSR met at Dumbarton Oaks, a large mansion in Washington, DC, to work out common ground to prepare for the UN Charter agreement.
3 . The group consisted of Roosevelt; Chang, the Chinese repre-sentative; Malik, the Lebanese representative; and Humphrey, a Canadian law professor hired by the UN secretariat to staff the process.
4 . Alexander Solzhenitsyn, referred to the Universal Declaration of Human Rights as “the best document in 25 years.” “Alexandr Solzhenitsyn—Nobel Lecture,” http://www.nobelprize.org/nobel_prizes/literature/laureates/1970/solzhenitsyn-lecture.html .
5 . Included in this list are the Council of Europe, the Organization of African Unity, and the American Convention on Human Rights. See http://www.universalrights.net/main/world.htm .
6 . Some of the more prominent international treaties include the following:
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1948 Convention on the Prevention and Punishment of the Crime of Genocide
1961 Convention Relating to the Status of Refugees 1965 International Convention on the Elimination of All Forms
of Racial Discrimination 1979 Convention on the Elimination of All Forms of
Discrimination against Women 1984 Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment 1989 Convention on the Rights of the Child 1990 International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families http://www.un.org/pubs/cyberschoolbus/humanrights/about/his-
tory.asp . 7 . W. Korey, NGOs and the Universal Declaration of Human Rights: “A
Curious Grapevine” (New York: Palgrave Macmillan, 1998), p. 14. 8 . See, in particular, M. A. Glendon, A World Made New: Eleanor
Roosevelt and the Universal Declaration of Human Rights (New York: Random House, 2002), pp. 235–241.
9 . Ibid.10. Ibid., p. 11. 11 . See Y. Dubai and T. Paxson, “A Comparison between the Ethics
of Socrates and Confucius,” http://www.siue.edu/EASTASIA/paxon_102199.htm .
12 . “Ashoka,” Ancient History Encyclopedia , http://www.ancient.eu/Ashoka/ .
13 . Among whose memorable epigrams include, “It makes no differ-ence whether a person lives here or there, provided that, wher-ever he lives, he lives as a citizen of the world” (X.15).25. Marcus Aurelius, Meditations (X,15), Harvard Classics, vol. 2, part 3, http://www.bartleby.com/2/3/10.html .
14 . Plutarch, who was to write Cicero’s biography, echoed these senti-ments when he stated, “We should regard all human beings as our fellow citizens and neighbors.”
15 . The famous Stoic Roman playwright Seneca (d. AD 65) preferred to conceptualize “two communities” the one, which is great and truly common embracing gods and men, “in which we look nei-ther to this corner nor to that, but measure the boundaries of our state by the sun; the other, the one to which we have been assigned by the accident of our birth.
16 . This view was best expressed by the humanist Pico della Mirandola who in his Oration on the Dignity of Man talks about man’s glory
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from God’s point of view (Pico della Mirandola: Oration on the Dignity of Man, Cambridge University Press, 2012 originally com-posed in 1486). The words are stirring:
I have placed you at the very center of the world, so that from that vantage point you may with greater ease glance round about you on all that the world contains. We have made you a creature neither of heaven nor of earth, neither mortal nor immortal, in order that you may, as the free and proud shaper of your own being, fashion yourself in the form you may prefer. It will be in your power to descend to the lower, brutish forms of life; you will be able, through your own decision, to rise again to the superior orders whose life is divine. (Quoted in S. McIntire and W. Burns, Speeches in World History [Infobase, 2009], p. 116.)
17 . It is his spirit that informs most clearly the UN preamble that the organization’s primary purpose is to “save succeeding generations from the scourge of war” and the language contained in Article 33, that parties in a dispute should first seek a peaceful resolution to the their dispute before resorting to arms (Charter of the United Nations, Chapter VI, Article 33, http://www.un.org/en/documents/charter/chapter6.shtml ).
18 . See “Cosmopolitanism,” Stanford History of Philosophy. Anacharsis Cloots (Jean-Baptiste du Val-de-Grace, baron de Cloots, 1755–1794). Cloots advocated the abolition of all existing states and the establishment of a single world state, a “universal republic” under which all humans would be citizens (La r é pub-lique universelle ou adresse aux tyrannicides, 1792; Bases consti-tutionelles de la r é publique du genre humain, 1793), http://plato.stanford.edu/entries/cosmopolitanism/ .
19 . Equal rights, as S. Moyn expertly points out in The Last Utopia: Human Rights in History (Cambridge, MA: Belknap Press, 2010), “always went along with the propagation of national sovereignty as indispensable means, entailed precondition, and enduring accom-paniment” (p. 28).
20 . See Moyn, p. 31. 21 . Hunt points out in Inventing Human Rights : A History (New York:
W. W. Norton, 2008) that the word “torture” between the years 1700–1750 simply referred to “the difficulties a writer had in find-ing a felicitous expression as in Marivaux’s use of the term in 1724 when he used the term “torturing one’s mind in order to draw out reflections” (p. 30).
22 . Writing in Egypt in 1798, Napoleon Bonaparte wrote to Major-General Berthier that the “barbarous custom of whipping men
NOTES 169
suspected of having important secrets to reveal must be abolished. It has always been recognized that this method of interrogation, by putting men to the torture, is useless. The wretches say what-ever comes into their heads and whatever they think one wants to believe. Consequently, the Commander-in-Chief forbids the use of a method which is contrary to reason and humanity.” Napoleon Bonaparte, Letters and Documents of Napoleon , vol. 1, The Rise to Power , selected and trans. John Eldred Howard (London: Cresset Press, 1961), p. 274.
23 . E. Biglieri and G. Prati, Encyclopedia of Public International Law (Amsterdam: Elsevier, 2014), p. 511.
24 . “Torture,” Encyclopedia Britannica , http://www.britannica.com/EBchecked/topic/600270/torture/272483/International-response .
25 . As many commentators have noted, the practice still continues in different forms and under different names. Some of the reasons are to do with definitional issues that relate to differing understandings of what constitutes torture and some to do with the weakening of taboos against the use of terrorists. Ervand Abrahamian has argued, for example, that by the 1980s, the taboo against torture was broken and torture “returned with a vengeance,” propelled in part by televi-sion and an opportunity to break political prisoners and broadcast the resulting public recantations of their political beliefs for “ideolog-ical warfare, political mobilization, and the need to win ‘hearts and minds,’” in Tortured Confessions: Prisons and Public Recantations in Modern Iran (Berkeley: University of California Press, 1999), p. 3.
26 . R. Worcester, “Why Commemorate 800 Years?” http://magnacar-ta800th.com/magna-carta-today/objectives-of-the-magna-carta-800th-committee/ .
27 . As Cruc é stated, “After all, we are not looking for a hollow peace nor for one lasting only three days, but for one that will be vol-untary, equal, and permanent, a peace that will grant everyone what belongs to him: full privileges to every citizen, hospitality to the stranger, and freedom to travel and trade to everyone without exception.”
28 . Rene Cassin, a French Jew, who was a key drafter of the UDHR made the point to his reluctant Soviet colleague Koretsky, who saw the provisions as “interference” in national sovereignty. He responded, “I must state my thoughts very frankly. The right of interference is here; it is in the (UN) Charter. Why? Because we do not want a repetition of what happened in 1933, where Germany began to massacre its own nationals, and everybody bowed, saying
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‘Thou art sovereign and master in thine own house.’” Quoted in Glendon, A World Made New , p. 60.
29 . “It is not the right to be a permanent visitor that one may demand. A special beneficent agreement would be needed in order to give an outsider a right to become a fellow inhabitant for a certain length of time. It is only a right of temporary sojourn, a right to associate, which all men have. They have it by virtue of their common pos-session of the surface of the earth, where, as a globe, they cannot infinitely disperse and hence must finally tolerate the presence of each other.” I. Kant, Third Definitive Article for a Perpetual Peace (Minneapolis, MN: Filiquarian, 2007), p. 21.
30 . America, the lands inhabited by the Negro, the Spice Islands, the Cape, etc., were at the time of their discovery considered by these civilized intruders as lands without owners, for they counted the inhabitants as nothing. In East India (Hindustan), under the pretense of establishing economic undertakings, they brought in foreign soldiers and used them to oppress the natives, excited widespread wars among the various states, spread famine, rebel-lion, perfidy, and the whole litany of evils which afflict mankind. Kant, Third Definitive Article for a Perpetual Peace , p. 22.
31 . The full quotation reads as follows: “Since the narrower or wider community of the peoples of the earth has developed so far that a violation of rights in one place is felt throughout the world, the idea of a law of world citizenship is no high-flown or exaggerated notion. It is a supplement to the unwritten code of the civil and international law, indispensable for the maintenance of the pub-lic human rights and hence also of perpetual peace. One cannot flatter oneself into believing one can approach this peace except under the condition outlined here.” Kant, Third Definitive Article for a Perpetual Peace .
32 . See M. Glendon, A World Made New, p. 184.33. Bury writes, “There can, I think, be little doubt that the motives of
the accusation were political. Socrates, looking at things as he did, could not be sympathetic with unlimited democracy, or approve of the principle that the will of the ignorant majority was a good guide. He was probably known to sympathize with those who wished to limit the franchise” in J. B. Bury, “A History of Freedom of Thought,” Project Gutenberg, http://www.criticalthinking.org/pages/a-history-of-freedom-of-thought/649 .
34 . As Emperor Tiberius famously said, “If the gods are insulted, let them see to it themselves.” J. B. Bury, A History of Freedom of Thought (New York: Holt, 1913), p. 40.
NOTES 171
35 . See Bury, History of Freedom of Thought , Chapter 2, http://w w w.crit ica lthinking.org/pages/a-history-of-freedom-of-thought/649#a-history-of-freedom-of-thought-chapter-ii .
36 . As Bury notes, Christian Thomasius (1655–728), a German jurist and philosopher, “laid down in a series of pamphlets (1693–1697) that the prince, who alone has the power of coercion, has no right to interfere in spiritual matters, while the clergy step beyond their province if they interfere in secular matters or defend their faith by any other means than teaching.”
37 . See Bury, History of Freedom of Thought , p. 233: “The sole end for which mankind are warranted, individually and collectively, in interfering with the liberty of action of any of their members is self-protection.”
38 . “When the Ta Tao or Grand Way prevails, the world is for the welfare of all. Provisions are made for the aged, employment is provided for the able-bodied and education is afforded the young. Widows and widowers, orphans and the childless, the deformed and the diseased are all cared for.” See A. Sharma, The World’s Religions: A Contemporary Reader (Minneapolis, MN: Fortress Press, 2010), p. 109.
39 . The first is freedom of speech and expression—everywhere in the world. The second is freedom of every person to worship God in his own way—everywhere in the world. The third is freedom from want—which, translated into world terms, means economic understandings that will secure to every nation a healthy peace-time life for its inhabitants—everywhere in the world. The fourth is freedom from fear—which, translated into world terms, means a worldwide reduction of armaments to such a point and in such a thorough fashion that no nation will be in a position to commit an act of physical aggression against any neighbor—anywhere in the world. The Four Freedoms galvanized the world’s imagination at a critical time turning people’s depressed outlook about the fate of the world into optimism that from the ashes of the Second World War there might be a way of rebuilding the world on a new and more sound footing. As FDR stated, these were “no vision of a dis-tant millennium.” He believed that they were a “definite basis for a kind of world attainable in our own time and generation.” It was a vision for the future and also formed the essential first pillar for the UNDHR.
As the Human Rights entry in the Stanford Encyclopedia of Philosophy notes, in 1947 during the Declarations’ drafting the Executive Board of the American Anthropological Association
172 NOTES
warned of the danger that the Declaration would be “a state-ment of rights conceived only in terms of the values prevalent in Western Europe and America.” The board asserted that the “standards and values are relative to the culture from which they derive” and thus “what is held to be a human right in one soci-ety may be regarded as anti-social by another people” (American Anthropological Association Statement on Human Rights 1947). The association has since reversed its opinion.
40 . Glendon, A World Made New , p. 228. 41 . See “Human Rights,” Stanford Encyclopedia of Philosophy , http://
1 . International Coalition on the Responsibility to Protect, http://www.responsibilitytoprotect.org/index.php/about-rtop .
2 . J. McArthur, “Own the Goals: What the Millennium Development Goals Have Accomplished,” Brookings (March/April 2013), http://www.brookings.edu/research/articles/2013/02/21-millennium-dev-goals-mcarthur .
Further Reading
Adolf, A. Peace: A World History . Cambridge: Polity Press, 2009. Baehr, P. R., and Gordenker, L. The United Nations . New York:
Palgrave, 2005. Bosco, D. Five to Rule Them All: The UN Security Council and the
Making of the Modern World . New York: Oxford University Press, 2009.
Cortright, D. Peace: A History of Movements and Ideas . New York: Cambridge University Press, 2008.
Glendon, M. A. A World Made New: Eleanor Roosevelt and the Universal Declaration of Human Rights . New York: Random House, 2001.
Kennedy, P. The Parliament of Man: The Past, Present and Future of the United Nations . New York: Random House, 2006.
Mazower, M. No Enchanted Place: The End of Empire and the Ideological Origins of the United Nations . Princeton, NJ: Princeton University Press, 2009.
Moyn, S. The Last Utopia: Human Rights in History . Cambridge, MA: Belknap Press, 2010.
Nussbaum, M. For Love of Country? Boston, MA: Beacon Press, 2002. Schlesinger, S. Act of Creation: The Founding of the United Nations .
Boulder, CO: Westview Press, 2003. Singer, P. One World: The Ethics of Globalization . New Haven, CT: Yale
University Press, 2002.
Some Important United Nations–Related Websites
Charter of the United Nations http://www.un.org/en/documents/charter/
The Universal Declaration of Human Rights http://www.un.org/en/documents/udhr/history.shtml
UN Structure and Organization http://www.un.org/en/aboutun/structure/
Millenium Development Goals http://www.un.org/millenniumgoals/
One Millennium Development Goals http://www.one.org/international/mdg/
United Nations Office for Disarmament Affairs, Disarmament Education http://www.un.org/disarmament/education/
The United Nations Academic Impact (UNAI) https://academicimpact.un.org/
Holocaust and the United Nations Outreach Programme http://www.un.org/en/holocaustremembrance/
Resources for Speakers on Global Issues http://www.un.org/en/globalissues/briefingpapers/efa/
United Nations Development Programme http://www.undp.org/content/undp/en/home/ourwork/sustain-able-development/overview.html
Africa, Africans, 22, 86, 120American Peace Society, 102American Puritans, 136Anti-Slavery Society, 90Apollo, 14Aquinas, Saint Thomas
Habsburg Empire, 6, 14, 35Hague, The, 101Hague Conventions, 66Hague Tribunal, 104Hanseatic League, 60, 98Henry IV of France, 62Henry VIII (1491–1547), 21Hindu, 133Hindu (and Hinduism), 27, 28,
30Hinduism, 11, 28Hittite, 2Holocaust, 78, 123, 137–8Hoover, Herbert President
(1874–1964), 83Hugo, Victor (1802–1885), 75Human Rights Commission, 110
India, 2, 27, 116Inquisition, Spanish, 130Inter-American Treaty of
Regional Assistance, 26
180 INDEX
International Court of Justice, 59International Postal Union, 76International Red Cross, 90, 101International Telegraphic Union,
Saint Pierre, 44San Francisco Conference, 69Save the Children, 90Scandinavia, 135Second World War, 1, 13Security Council, 12, 26slaves, slavery, 19, 119Smith, Adam (1723–1790), 134Soviet Union 109, 111, 128,
132Spanish Empire, 86, 120Sun Tzu (544–496 BC?), 28Sustainable Development Goals,
12Swiss Confederation, 60, 98
Taoism, 30Thailand, 101The Australia, New Zealand
and United States Security Treaty (ANZUS), 26
The Southeast Asia Treaty Organization SEATO, 26
Thirty Years War, 21–2, 34, 36, 38, 39, 41, 65
Thomists. See Aquinas, Saint Thomas
Tolstoy, Leo (1828–1910), 92Torture, 119Trajan, Roman Emperor (53–117
AD), 20Treaty of Guadalupe Hidalgo, 98Trojan War, 14, 18
Laurence Peters is associate professor at Johns Hopkins University’s School of Education and directs the United
Nations Association National Capital Area Graduate Program on the United Nations.
Born in London, England, he studied literature at the University of Sussex, and education at the Institute of Education, University of London. After receiving his doctor-ate from the University of Michigan, he gained a degree in Law from the University of Maryland and became counsel to the Subcommittee on Select Education & Civil Rights for the US House of Representatives (1986–1993) before serving as senior policy advisor to the US Department of Education (1993–2001). He has authored many books, including From Digital Divide to Digital Opportunity (2003) with Appu Kuttan and Global Education: Using Technology to Bring the World to Your Students (2009); he has also co-edited Scaling Up Success: Lessons from Technologybased Educational Improvement (2005) with Chris Dede and James Honan. He is married with three children.
