Hugo Grotius and International Relations Hugo Grotius (For Details Of This Engraving See p. vi) Hugo Grotius and International Relations Edited by Hedley Bull Benedict Kingsbury Adam Roberts CLARENDON PRESS · OXFORD This book has been printed digitally and produced in a standard specification in order to ensure its continuing availability Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Bangkok Buenos Aires Cape Town Chennai Dar es Salaam Delhi Hong Kong Istanbul Karachi Kolkata Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi São Paulo Shanghai Taipei Tokyo Toronto Oxford is a registered trade mark of Oxford University Press in the UKand in certain other countries Published in the United States by Oxford University Press Inc., New York © the several contributors 1990 The moral rights of the authors have been asserted Database right Oxford University Press (maker) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose this same condition on any acquirer ISBN 0-19-827771-7 Acknowledgements This book is the brain-child of Hedley Bull, Montague Burton Professor of International Relations at Oxford University and Fellow of Balliol College from 1977 to 1985. It took his fertile and searching mind—at home in the fields of international relations theory, international history, and international law—to conceive and plan a work of this scope. It began with a series of lectures which he organized at Oxford University in Michaelmas Term 1983, to mark the quatercentenary of the birth of Hugo Grotius. He then embarked on the long process of transforming a lecture series into a scholarly book—work which was unfinished when he died on 18 May 1985 at the age of fifty-two after a long illness. Much has changed in this book since the commemorative lecture series. The original lectures have all been very extensively revised and updated; and some entirely new chapters have been added, by Hidemi Suganami, John Vincent, Rosalyn Higgins, and the undersigned. We are very grateful to all the contributors for their painstaking work, and for their tolerance of editorial whims and delays. For helpful advice, suggestions and criticisms, we are particularly indebted to Jonathan Barnes, Geoffrey Best, Martin Ceadel, Peter Haggenmacher, Sudhir Hazareesingh, Andrew Hurrell, Maurice Keen, Christopher Kirwan, and Robert S. Summers. The index was compiled by Mary Bull, to whom we are very grateful for this and much other assistance. We owe many other debts of gratitude. The board of managers of the Montague Burton Fund at Oxford University facilitated the original lecture series. The typing of successive drafts was undertaken principally by Mary Bügge in Balliol College, and Carole Charlton in the Social Studies Faculty Centre. Carole Charlton, who has worked for three Montague Burton professors, is leaving her job in the same year as this book goes to press. We wish her a retirement as long and happy as it is richly deserved. Oxford B.K. October 1989 A.R. Jacket and Frontispiece Hugo Grotius (1583–1645). Engraving by Willem Jacobsz Delff (1632), after a well-known portrait in oils by Michiel Jansz van Mierevelt (1631). The engraving appeared in several different versions over the period 1632–72, although the representation of Grotius and the poem by Heinsius were unchanged throughout. The version reproduced here is from Grotius' Annales et Historiae de Rebus Belgicis, Joannis Blaeu, Amsterdam, 1657. Reproduced by courtesy of the Bodleian Library, Oxford. Folio BS 129, opp. p. 1. Pieter de Groot, Grotius' son, wrote of Delff's engraving: ‘The painting of my father can be found in my home in Rotterdam. However, the finest print, than which in my opinion no-one else could ever do better, was made by Willem Delff, son-in-law of Mr Michiel [Mierevelt], from the painting done by Mr Michiel. The plate of this work must now be in the hands of Mr Blaeuw.’ See E. A. van Beresteyn, Iconographie van Hugo Grotius met 65 portretten (Martinus Nijhoff, The Hague, 1929), pp. 82–3. Contents Notes on Contributors ix List of Abbreviations xii Map of the World (1630), by Henricus Hondius xiv–xv 1. Introduction: Grotian Thought in International Relations 1 Benedict Kingsbury and Adam Roberts 2. The Importance of Grotius in the Study of International Relations 65 Hedley Bull 3. Grotius and the International Politics of the Seventeenth Century 95 C. G. Roelofsen 4. Grotius and Gentili: A Reassessment of Thomas E. Holland's Inaugural Lecture 133 Peter Haggenmacher 5. Grotius' Place in the Development of Legal Ideas about War 177 G. I. A. D. Draper 6. Grotius and the Law of the Sea 209 W. E. Butler 7. Grotius and International Equality 221 Hidemi Suganami 8. Grotius, Human Rights, and Intervention 241 R. J. Vincent 9. Grotius' Influence in Russia 257 W. E. Butler viii CONTENTS 10. Grotius and the Development of International Law in the United Nations Period 267 Rosalyn Higgins 11. Are Grotius' Ideas Obsolete in an Expanded World? 281 B. V. A. Röling 12. The Grotius Factor in International Law and Relations: A Functional Approach 301 Georg Schwarzenberger Select Bibliography 313 Index 323 Notes on Contributors HEDLEY BULL, FBA, who died in 1985, was Montague Burton Professor of International Relations at Oxford University, and Fellow of Balliol College, from 1977 to 1985. His works include The Control of the Arms Race, 1961; The Anarchical Society, 1977; and (ed. with Adam Watson) The Expansion of International Society, 1984. WILLIAM E. BUTLER, FSA, is Professor of Comparative Law in the University of London, Director, Centre for the Study of Socialist Legal Systems, University College London, and Dean of the University Faculty of Laws (1988–90). His recent works include International Law in Comparative Perspective, 1980; and Soviet Law, 2nd edn. 1988. His translation of V. E. Grabar, The History of International Law in Russia, 1647–1917, was published in 1990. G. I. A. D. DRAPER, OBE, who died in 1989, became Military Prosecutor before the Military Courts for the trial of war criminals in the British Occupied Zone of Germany in 1945, and thereafter a legal adviser in the War Office (Ministry of Defence). He was Reader in International Law at the University of London before becoming Professor of Law at Sussex University. His works include The Red Cross Conventions, 1958. PETER HAGGENMACHER is Adjunct Professor at the Graduate Institute of International Studies, Geneva. His Ph.D. thesis on Grotius et la doctrine de la guerre juste was published in 1983. ROSALYN HIGGINS, QC, is Professor of International Law in the University of London and teaches at the London School of Economics and Political Science. Her works include The Development of International Law through the Political Organs of the United Nations, 1963; and United Nations Peacekeeping, 4 vols., 1969–81. She has been the United Kingdom member of the UN Human Rights Committee since 1985. x NOTES ON CONTRIBUTORS BENEDICT KINGSBURY is Lecturer in Law at Oxford University and a Fellow of Exeter College. He specializes in international law and human rights. A New Zealand citizen, he is doing research on indigenous peoples and international law. His works include (ed. with Adam Roberts) United Nations, Divided World, 1988. ADAM ROBERTS, FBA, is Montague Burton Professor of International Relations at Oxford University, and Fellow of Balliol College. His works include Nations in Arms: The Theory and Practice of Territorial Defence, 2nd edn. 1986; (ed. with Benedict Kingsbury) United Nations, Divided World, 1988; and (ed. with Richard Guelff) Documents on the Laws of War, 2nd edn. 1989. C. G. ROELOFSEN teaches the history of the Law of Nations at the University of Utrecht. He contributed to International Law in the Netherlands, i, 1978; and (ed. with L. E. van Holk) Grotius Reader: A Reader for Students of International Law and Legal History, 1983. B. V. A. RöLING, who died in 1985, was Professor Emeritus of International Law and former Director of the Polemological Institute at the Rijksuniversiteit Groningen, and was a judge at the Tokyo International Military Tribunal. His works include International Law in an Expanded World, 1960; The Science of War and Peace, 1981 (in Dutch); and International Law and the Maintenance of Peace, 1982 (in Dutch). GEORG SCHWARZENBERGER, who died in 1991, was Emeritus Professor of International Law in the University of London, and Vice-President of the London Institute of World Affairs. His works include Power Politics: A Study of World Society, 3rd edn. 1964; and International Law as Applied by International Courts and Tribunals, 4 vols., 1957–86. HIDEMI SUGANAMI is Senior Lecturer in International Relations at the University of Keele. His works include The Domestic Analogy and World Order Proposals, 1989. NOTES ON CONTRIBUTORS xi R. J. VINCENT, who died in 1990, had been Montague Burton Professor of International Relations at the London School of Economics and Political Science since 1989. From 1986 to 1989 he was University Lecturer in International Relations at Oxford University, and Fellow of Nuffield College. His works include Nonintervention and International Order, 1974; Human Rights and International Relations, 1986; and (ed.