Legal History Of Europe Flashcards
What were the different interpretations of what defines Europe
- The term Europe comes from Europe, a princess whom Zeus abducted from Tyrus
to Kreta. Zeus had fallen in love with Europe so he decided to take her with him where he lived, Kreta. (Crete) - The term Europe is also believed to refer to what was once the Roman Empire
- Another way to refer to the origin of Europe is by defining it by its religious nature
that originated in the Holy Roman Empire (judeo and Christian tradition). - Europe could also symbolize what was once the Ottoman Empire (which Turkey
was also part of).
When was Europe called Napoleonic Europe
1812
What did the congress of Vienna in 1815 aim to do
- After Napoleon’s defeat in 1813, the whole Empire had to be reevaluated.
-the congress aimed to decide what should be the future of Napoleon’s legacy
-objective: restore the old balance of the Empire and prevent the waging of war
Who was Claude Henri
-write a book-> (On the reorganization of the European Society of 1814)
-before the congress of Vienna took place
-book was on how to prevent future wars in Europe form a legal point of view
What was teh main problem, that Claude Henri discusses in his book, regarding the presentation of wars in Europe
-The main problem according to him was that counties would always rely on treaty laws in order to prevent wars.
-The solution was to hand part of their sovereignty – instead of written treaties, countries should transfer their power.
What happened when Claude Henri’s ideas were not implemented
• The Vienna restoration was not able to prevent wars:
- Establishment of a new German Empire in Versailles in 1870 - German French war
- WWI: ended in 1919 by Peace treaty of Versailles
- WWII: caused in part by Dictate of Versailles (Hitler)
• In 1919 the League of Nations was established as an intergovernmental organization (no transfer of power was needed) - progress can be seen in the Pact of Paris - WWI
• In 1945 the United Nations was established as an intergovernmental and supranational organization - Iraq invasion
-> so wars continued
After the capitulation for the German army in 1945 and Hitler’s suicide, what state was established and what plan was created?
-Stunde Null was announced
-plan to settle the future of the country: the Morgenthau plan
What was the Moregnthau plan 1944
-plan proposed the creation of a primarily agricultural society by dismantle all industry in Germany
- decision was made at the Yalta Conference 1945:
- Denazification
2.Demilitarisation - Germany was to be divided between the allies into occupation zones
After the Second World War what two powers determined the fate of the world
-US
-USSR
-> COLD WARRRRRR
What were the two main threats during the Cold War
-communism e.g e.g. in 1948, a communist coup d’etat took power with Stalin’s assistance to invade Czechoslovakia
-The cold war which had Russia and US as opponents.
-> Russia claimed spheres of interests
Who was Winston Churchill
-important figure during the Cold War who coined the terms ‘iron curtain’
-in 1946 he promoted the European Movement
In 1948, Winston Churchill pronounces his ideas regarding the European Movement in The Hague, what are they?
- Political union
- To safeguard human rights
- To establish a European Parliament and Court
What was the impact of the European Movement
-the creation of the Council of Europe in Strasburg (1950).
What was the treaty of Utrecht 1713
was an agreement between Britain and France, concluded on 11 April 1713 at Utrecht in the Netherlands, as part of the series of treaties ending the War of the Spanish Succession.
what was the kellogg-briand pact of 1928
international agreement in which states promised not to use war to resolve “disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them”.
What does Stunde NulL mean
Zero hour
When was the European Convention on Human rights created
1950
Is the rulings of the European court in Strasbourg binding
Yes, brining on the state that is a party in the proceedings
-> a ruling can also act as a precedent for other European countries that are not directly involved in the proceedings.