Peace of Westphalia/Treaty of Westphalia
Introduction
Concluded in October 1648 among the European powers of the day except for England, Poland, Russia, and the Ottoman Empire, the Peace of Westphalia is considered to be the foundation stone of the modern nation-states system. It not only brought to an end two wars namely the Eighty Years’ War between Spain and the Dutch and the Thirty Yeas’ War raging in the German states but also comprehended the Holy Roman Emperor Ferdinand 3, the other German princes, France and Sweden. Henceforth, territorial integrity and state sovereignty were accepted and respected as the cardinal principles of international relations.
Decisions
In a series of meetings, several decisions relating to territorial readjustments and related issues were taken. Some of the most important of these are as follows;
· Territorial Readjustments: Under the terms of the peace settlement, a number of countries received territories or were confirmed in their sovereignty over territories. The territorial clauses all favoured Sweden, France, and their allies.
· Territorial Sovereignty: The Peace of Westphalia recognized the full territorial sovereignty of the member states of the empire. They were empowered to contract treaties with one another and with foreign powers,
· Universal Amnesty: Apart from territorial changes, a universal and unconditional amnesty to all those who had been deprived of their possessions was declared, and it was decreed that all secular (not under the Pope) lands should be restored to those who had held them in 1618.
· Ecclesiastical Settlement: Even more important than the territorial redistribution was the ecclesiastical settlement securing toleration for the three great religious communities of the empire- Roman Catholic, Lutheran and Calvinist. Within these limits, the member states of the empire were bound to allow at least private worship, liberty, and the right of emigration to all religious minorities and dissidents within their domains.
· Reformation/Counter-Reformation Stopped: The year 1624 was declared the “standard year” according to which territories should be deemed to be in Roman Catholic or Protestant possession. By the important provision that a prince should forfeit his lands if he changed his religion, an obstacle was placed in the way of a further spread of both the Reformation and the Counter-Reformation.
· Ending Holy Empire: The Holy Roman emperor and the Diet were left with a mere shadow of their former power. Not only was the central authority of the Holy Roman Empire replaced almost entirely by the sovereignty of about 300 princes, but the power of the empire was materially weakened in other ways. It lost about 40,000 square miles (100,000 square km) of territory and obtained a frontier against France that was incapable of defence
· German Sovereignty: The Treaty was recognized as a fundamental law of the German constitution and declared that all protests or vetoes of the Peace of Westphalia by whomsoever pronounced should be null and void. It dealt a blow at the intervention of the Holy Roman Emperor in German affairs, making the princes of the empire absolute sovereigns in their own dominions. This ended the century-long struggle between the monarchical tendencies of the Holy Roman Emperors and the federalist’s aspirations of the empire’s German princes.
· Franco/Swedish Supremacy: Sweden and France as guarantors of the peace acquired the right to interfere in the affairs of the empire, and Sweden also gained a voice in its councils (as a member of the Diet). For many years Germany thus became the principal theatre of European diplomacy and war, and the natural development of German national unity was delayed.
Impact
Peace of Westphalia accomplished seven things in one go
1. Resilience of the modern state: Peace of Westphalia created the modern nation-state system in Europe and the colonial powers introduced it all over the world. Despite all the criticisms about its Western origins, the concept of state and nation has taken firm roots in most parts of the world — not without conflicts and bloodshed. Similarly, it has withstood the challenges posed by greater regionalization and even by the rapidly globalizing world. Not only the nation-state as an identity of its own still survives but will also stay with us for the foreseeable future
2. Universal Standards of Statecraft: Peace of Westphalia not only created the institution of the nation-state but also stipulated the basic rules of the statecraft namely the rule of law, respect for human rights, and democratic governance. These are now universal standards acknowledged in most of the constitutions — the fact that they may be misapplied in practice or under threat in many countries does not change the fact that they remain valid and relevant standards.
3. Sanctity of the International Borders: It redrew the borders in Europe and gave sanctity to them howsoever arbitrary they may be. This principle is still the cardinal principle of international relations and is respected all over the world
4. Sovereignty of the State: Treaty of Westphalia not only abolished the feudal system in vogue in Europe but also divided it into sovereign secular states with thick borderlines within which each respective government was the absolute authority. This change brought a new image in every sovereign territorial limit, that is, all Governments are the exclusive authority and their decisions and arguments are exclusively carried out within their territorial limit. This rule is almost intact with slight encroachments now by the multilateral institutions and by the human rights movements
5. Secularisation of Statecraft: It separated the state from the religion in statecraft and made religion the private affair of the people. Secularism is now the cornerstone of modern statecraft
6. Global Dispute Resolution Mechanism: It laid the foundation for resolving global disputes through structured multilateral collaboration. Although it failed to avert the two world wars, yet it became a model for the formation of the League of Nations and later on for the United Nations Organisation.
