Rechtswissenschaft

Heinhard Steiger

Die Wiener Congressakte – Diskontinuität und Kontinuität des Europäischen Völkerrechts 1789–1818

Rubrik: Abhandlungen
Archiv des Völkerrechts (AVR)

Jahrgang 53 () / Heft 2, S. 167-219 (53)

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s also the reconstruction of the European order of the law of nations or European international law. In part II I am defending the thesis that the ancient order of the droit public de l'Europe, which was based mainly on the dynastic principle had been discontinued by the revolutionary concept of the souveraineté des peuples as new basis of a European law of nations by the National assembly and the Convention. But also the counter-principle of legitimacy defended by the other courts of Europe was in its form and content, defence of throne and altar, a new principle. Both principles did not find the necessary all-european consensus. I describe how Europe was transformed in a first phase on the grounds of the revolutionary principle. In part III I am describing the changes of the political and the legal structures of Europe initiated by Napoleon, his installation as Emperor of the French and King of Italy, the creation of the Rhenan Confederation under his protectorate, which was followed by the destruction of the Holy Roman Empire, the creation of satellite-states in Germany and Poland, the creation of the Kingdom of Italy in the northern part, the annexation of large parts of Italy, the Kingdom of Holland and the north-west of Germany, by the distribution of Kingships etc. in Germany and Italy under members of his family, by the domination of Europe by the Continental system.th. In some cases this was done by international treaties, but Napoleon used more and more one sided imperial decrees and decisions of his Senate, again a breaking of the law of nations which was built on consensus. Part IV is devoted to the developments after Napoleon drew back from Moscow in the beginning of 1813, the formation of the sixth coalition, their war-goals and their changes, the legal steps taken by treaties to start reordering Europe on the basis of the actual situation, the vain attempts to conclude peace with Napoleon himself, the deposition of Napoleon, the return of the Bourbons and the conclusion of the Peace-Treaty of Paris of the 30th may 1814. In part V I am analyzing this Peace Treaty. By this treaty France had to give up nearly all territorial gains after 1792. But the redistribution of these territories and the final reconstruction of Europe were transferred to pan-european conference in Vienna two months later. Part VI is than devotet to the analysis of the formation of the Congress and of the final act, which in some way is the sum of bilateral and multilateral treaties of different participants. The political, territorial and legal reconstruction concerned Poland, which again was divided, the major part around Warsow coming in Germany, especially the foundation of the German Confederation »Deutscher Bund«, Italy and Switzerland. It only was treating European questions with the exception of the declaration to abolish slave trade and a declaration concerning the ranks of diplomats. But since the reconstruction of European order was not yet complete in part VII I am giving a short evaluation of the following developments, the return of Napoleon and its definite defeat and abdication, the second treaty of Paris, the foundation of the Holy Alliance, a personal pact between the princes, the renewal of the alliance of Chaumont with the introduction of the concept to meet more or less regularly in Congress, the admittance of France to the Concert of Europe, the intervention-policy of the continental European powers. Finally in Part VIII I am discussing my conclusions. The new order was not a pure restauration of the old, it was built on the European situation of 1814. It seemed that a new cons
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Heinhard Steiger ist Professor emeritus für Öffentliches Recht, insbesondere Völkerrecht, Recht der internationalen Organisationen und Europarecht an der Universität Gießen.