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Authors: Philip Bobbitt

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13
. Quoted in Osiander, 243.

14
. Quoted in Osiander, 194.

15
. Osiander, 190.

16
. Quoted in Osiander, 191.

17
. Ibid.

18
. Osiander thinks Webster owes his view to an anachronism also, but not the same one I have in mind. For Osiander, Webster is confounding twentieth century nationalism with early nineteenth century national ideas; this may be true, but it does not go to the public opinion/expediency point; whatever sort of state nationalists wanted, Webster's point is that their feelings were simply ignored rather than that they were not accommodated.

19
. In contrast, for example, to the territorial state, for which such allocations were everything.

20
. Osiander, 196 – 197.

21
. Calabresi and Bobbitt,
Tragic Choices.

22
. Ibid., 41 – 42.

23
. Talleyrand,
Memoirs
, vol. 2 (Putnam, 1891), 120.

24
. Talleyrand thus spoke to the tsar: “Neither you, sire, nor the allied powers, nor I, whom you believe to possess some influence, not one of us, could give a king to France. France is conquered—and by your arms, and yet even today, you have not that power… In order to establish a durable state of things, and one which could be accepted without protest, one must act upon a principle. With a principle we are strong. We shall experience no resistance; opposition will, at any rate, vanish soon, and there is only one principle. Louis XVIII is a principle; he is the legitimate king of France.” Talleyrand, vol. 2, 124, quoted in Osiander, 214; see also the discussion of legitimacy by Macaulay, 70 – 72.

25
. For example, the Habsburg realms, though vast, were materially augmented by the addition of the Spanish Netherlands as compensation for the loss of the Spanish throne.

26
. This was the Russian delegation; see Osiander, 229.

27
. Osiander, 226.

28
. Osiander, 227.

29
. Osiander, 224.

30
. Quoted in Osiander, 226.

31
. November 4, 1814; Wellesley ix, 415.

32
. October 12, 1814; Wellesley ix, 329, 331.

33
. Quoted in Osiander, 187.

34
. Final Report to Louis XVIII,
Talleyrand
, ii, 238, 244f. As Osiander concludes, “[I]t was the turn of the republicanism to return through the back door. Mandated parliamentary assemblies sprang up everywhere, more ambitious and more effective than their precursors in pre-revolutionary Europe,” 220.

35
. See Osiander, 220, n. 134.

36
. Quoted in Osiander, 202.

37
. Ibid.

38
. Alan Palmer,
Metternich
(Harper & Row, 1972), 113.

39
. Harold Nicolson,
The Congress of Vienna: A Study in Allied Unity: 1812 – 1822
(Viking Press, 1946), 143.

40
. Palmer, 139.

41
. Quoted in Osiander, 205.

42
. Quoted in Osiander, 206.

43
. J. G. Lockhart,
The Peacemakers 1814 – 1815
(Duckworth, 1932), 46.

44
. This account was given by the Prussian diplomat Stein.

45
. Lockhart, 49.

46
. Article XIII of the Federal Act provided: “In alien deutschen Staaten wird eine land-standische Verfassung stattfinden.” The term “Verfassung” was variously interpreted as either requiring a “parliamentary constitution” (by liberals) or a system of Estates (by conservatives).

47
. Talleyrand, quoted in Holsti, 114.

48
. It was largely taken from the code prepared by Francis Lieber for the Union Army in 1863 during the American Civil War.

49
. Quoted in Nussbaum, 233.

50
. Ibid.

51
. Murphy, 117.

52
. Quoted in Francis H. Hinsley,
Power and the Pursuit of Peace: Theory and Practice in the History of Relations between States
(Cambridge University Press, 1963), 224 – 225.

53
. Robert B. Mowat,
The Concert of Europe
(Macmillan, 1930), vi-vii.

54
. Murphy, 89.

55
. Ibid.

CHAPTER TWENTY-TWO: THE VERSAILLES TREATY
 

1
. Friedrich Nietzsche, “Thus Spake Zarathustra,” in
The Portable Nietzsche
, ed. and trans. Walter Kaufmann (Viking Press, 1954), 160 – 161. Charles de Gaulle also spoke of states as “
monstres froids
.”

2
. William Langer, “A Critique of Imperialism,” in
The New Imperialism: Analysis of Late Nineteenth Century Expansion
, ed. Harrison M. Wright (Heath, 1961), 98.

3
. Osiander, 251.

4
. For I dipt into the future; far as human eye could see. Saw the Vision of the world, and all the wonder that would be… Heard the heavens fill with shouting, and there rain'd a ghastly dew From the nations' airy navies grappling in central blue… Till the war-drum throbb'd no longer and the battle flags were furl'd In the Parliament of Man, the Federation of the World. Alfred Lord Tennyson, “Locksey Hall,” in
Poems Published in 1842
(Clarendon Press, 1914), 207 – 220. According to his biographer, President Truman copied this stanza in his own hand and carried it with him for the next fifty years. Alonzo L. Hamby,
Man of the People: A Life of Harry S Truman
(Oxford, 1995), 13.

5
.
The Messages and Papers of Woodrow Wilson
, vol. 1, 378 – 379.

6
. Arthur Walworth,
America's Moment, 1918: American Diplomacy and the End of World War I
(Norton, 1977), 95.

7
. See discussion in Chapter
14
, “Colonel House and a World Made of Law.”

8
.

 
  1. An open peace conference.
  2. Freedom of navigation of the seas.
  3. Reduction of trade barriers.
  4. Reduction of armament levels to “the lowest point consistent with domestic safety.”
  5. “A free, open-minded, and absolutely impartial adjustment of all colonial claims.”
  6. Withdrawal from Russian territory and respect for Russian political self-determi-nation.
  7. “Belgium, the whole world will agree, must be evacuated and restored.”
  8. “All French territory should be freed and the invaded portions restored.”
  9. “A readjustment of the frontiers of Italy should be effected along clearly recognizable lines of nationality.”
  10. “The peoples of Austria-Hungary, whose place among the nations we wish to see safeguarded and assured, should be accorded the freest opportunity to autonomous development.”
  11. Balkan states evacuated and restored.
  12. Ottoman Empire removed from Europe to allow for free passage in the Dardanelles and self-determination.
  13. “An independent Polish state should be erected which should include the territories inhabited by indisputably Polish populations.”
  14. Establishment of the League of Nations.

9
. A role played by the first Treaty of Paris with respect to the Vienna congress.

10
. See Osiander, 299.

11
.
The Messages and Papers of Woodrow Wilson
, vol. 1, 352.

12
. Robert F. Randle,
The Origins of Peace: A Study of Peacemaking and the Structure of Peace Settlements
(Free Press, 1963), 429: “They… fix the structure of the then-current system in terms of the territory and resources of the belligerents….” See also Osiander, 313.

13
. U.S. State Department, 1942 – 1947, vi, 882.

14
. I have consolidated several remarks of Clemenceau, including some made the next day. Quoted in Osiander, 283 – 284.

15
. France on the northern coast of the Black Sea; Britain in Central Asia in the Trans-caucasus; Japan, the United States, and Britain in Siberia; and Britain, the United States, and France in the Murmansk-Archangel region.

16
. Robert Lansing,
The Peace Negotiations: A Personal Narrative
(Houghton Mifflin, 1921), 244.

17
. Harold George Nicolson,
Diaries and Letters
(Atheneum, 1966 – 1968).

18
. Larry E. Jones,
German Liberalism and the Dissolution of the Weimar Party System, 1918 – 1933
(University of North Carolina Press, 1988), 3.

19
. Charles L. Mee, Jr.,
The End of Order, Versailles, 1919
(Dutton, 1980), 267 (emphasis supplied).

20
. See Herbert Spiro,
The Dialectic of Representation, 1619 – 1969
(University Press of Virginia, 1969).

21
. Eberhard Kolb,
The Weimar Republic
, trans. P. S. Falla (London: Unwin Hyman, 1988).

22
. This was characteristic of the German advances in historiography during this period; see for example, Schliemann.

23
. Hegel makes this argument in the introduction to
The Philosophy of History
: Georg W.F. Hegel,
Introduction to the Philosophy of History
(Hackett, 1998), 40 – 56.

24
. Hans Linde, “State, Sovereignty, and International Law: A Study of Three German Legal Theories,” unpublished thesis (1947), 32. I would prefer to say “a misunderstanding derived from the days of feudal monarchy.”

25
. Ibid., 28.

26
. J. J. Lador-Lederer, “Jews in Austrian Law,”
East European Quarterly
12 (1978): 129 – 142.

27
. Leaders from Canute to Stalin have disputed this.

28
. Linde, 50.

29
. If Mé + E (or Mê + E), then Z → M (where M is a human act, the performance of which is Mé—or its avoidance Mê; E signifies an event, usually produced by behavior M; Z is the enforcing behavior of the official, and the arrow directed against M indicates that generally the behavior of the official is directed against the actor that is responsible for the behavior). Erich Voegelin, “Kelsen's Pure Theory of Law,”
Political Science Quarterly
42 (1927): 270.

30
. “Without your calling it, the tide comes in / Without your hurling it, the earth can spin / Without your pushing them, the clouds roll by / If they can do without you duckie, so can I.” “Without You,” from the musical
My Fair Lady
, written by Alan Jay Lerner and Frederick Loewe.

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