# Public International Law/History of International Law/Nineteenth Century

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## A. Introduction

Ideas stemming from the nineteenth century and ideas about the nineteenth century are firmly engrained in the collective memory of modern and contemporary international lawyers, and the developments that took place during the nineteenth century continue to shape the material conditions of global wealth and power distribution. When international lawyers refer to the nineteenth century, they usually mean the 'long' nineteenth century. To mark the beginning of this long nineteenth cenurty, one can refer to the revolutions in the United States of America (1776), France (1789), and Haiti (1791). The end of the long nineteenth century is usually determined either with the beginning of the First World War in 1914 or with the October Revolution and the revolutionary Mexican Constitution in 1917. Among the many developments that took place within the long nineteenth century and that have shaped the modern world, this chapter focuses on five developments that were particularly pertinent to international law: First, the revolutions that mark both the beginning and the end of the 'long' nineteenth century; second, the ‘first globalization’, i.e. the ‘expansion’ of the subject-matters regulated by international law as a response to increasing global networks of communication, commerce, and domination and the emergence of something that from a present-day perspective can be recognized as an ‘internationalist ethos’, including all the ambiguities that this ethos still carries today; third, the formalisation of colonial empire; fourth, the establishment of an international system based on state sovereignty; and, fifth, the emergence of international law as an academic discipline that we can recognize as similar to its present-day counterpart and the establishment of a 'science of international law'.

## Further Readings

* Source I
* Source II

## Conclusion

* Summary I
* Summary II

## Table of Contents

Back to home page
Part I - History, Theory, and Methods
* § 1 History of International Law
** § 1.1 Founding Myths
** § 1.2 Nineteenth Century
** § 1.3 Decolonization
* § 2 Nature and Purpose of International Law
** § 2.1 International Law and Violence
** § 2.2 Consent
** § 2.3 Enforcement
* § 3 Methodology
** § 3.1 Case Analysis
** § 3.2 Interdisciplinarity
* § 4 Approaches to International Law
** § 4.1 Positivism
** § 4.2 TWAIL
** § 4.3 Feminism & Queer Theory
** § 4.4 Marxism
* § 5 Interaction
** § 5.1 Interaction within International Law
** § 5.2 International Law and Domestic Law
Part II - General International Law
* § 6 Sources of International Law
** § 6.1 Treaty Law
** § 6.2 Customary Law
** § 6.3 General Principles
** § 6.4 Other Sources
* § 7 Subjects and Actors in International Law
** § 7.1 States
** § 7.2 Indigenous Peoples
** § 7.3 International Organizations
** § 7.4 Individuals
** § 7.5 Women in International Law
** § 7.6 Non-governmental Organization
** § 7.7 Corporations
** § 7.8 Animals
** § 7.9 Cities
* § 8 Jurisdiction
* § 9 State Responsibility
* § 10 Diplomatic Relations
* § 11 Immunities
* § 12 Peaceful Settlement of Disputes
** § 12.1 Evidence
* § 13 Use of Force
Part III - Specialized Fields
* § 14 Law of Armed Conflict
* § 15 Law of the Sea
* § 16 International Environmental Law
* § 17 International Climate Change Law
* § 18 International Migration Law
* § 19 International Law in Cyberspace
* § 20 Space Law
* § 21 Human Rights Law
** § 21.1 Recurring Themes in Human Rights Doctrine
** § 21.2 Institutional Human Rights Protection
*** § 21.2.1 United Nations Human Rights System
*** § 21.2.2 African Human Rights System
*** § 21.2.3 European Human Rights System
*** § 21.2.4 Inter-American Human Rights System
*** § 21.2.5 Arab and Islamic Human Rights System
*** § 21.2.6 Asian Human Rights System
** § 21.3 Critique of Human Rights
* § 22 International Criminal Law
** § 22.1 International Crimes
** § 22.2 International Criminal Courts and Tribunals
** § 22.3 Domestic Prosecution of International Crimes
* § 23 International Economic Law
** § 23.1 Investment Law
** § 23.2 Trade Law
** § 23.3 Monetary Law

## Footnotes

* ↑ The first footnote. Please adhere to OSCOLA when formating citations. Whenever possible, provide a link with the citation, ideally to an open-access source.
* ↑ Antony Anghie, ‘Finding the Peripheries: Sovereignty and Colonialism in Nineteenth-Century International Law’ (1999) 40 Harvard International Law Journal 1-80, at 1; Inge van Hulle / Randall Lesaffaer (eds), International Law in the Long Nineteenth Century (1776-1914): From the Public Law of Europe to Global International Law(Leiden/Boston Brill Nijhoff ); For historical works on the 'long' nineteenth century, see: Christopher Alan Bayly, The Birth of the Modern World 1780-1914 (Blackwell Publishing 2004); Eric Hobsbawm, The Age of Revolution 1789-1848 (Vintage Books 1996); Eric Hobsbawm, The Age of Capital 1848-1875 (Abacus 1975); Eric Hobsbawm, The Age of Empire 1875-1914 (Vintage Books 1987).