Kleinlein: The Versailles Peace Treaty Before the Permanent Court of International Justice: Tracing the Legalism of the Paris Settlement

Thomas Kleinlein (Friedrich-Schiller-Universität Jena - Law) has posted The Versailles Peace Treaty Before the Permanent Court of International Justice: Tracing the Legalism of the Paris Settlement (German Yearbook of International Law, forthcoming). Here's the abstract:

The concept of international law underlying the Versailles Peace Treaty is marked by a complex and ambivalent combination of references to just peace and the use of the legal form. This article analyses the concept of law and the use of legal techniques and institu-tions in the Paris settlement, and connects it to various contemporaneous strands of ‘legal-ism’ and to the transformation from (classical) nineteenth-century to (modern) twentieth-century international law. In a second step, the article turns to how the ambivalent legalism in the Versailles Peace Treaty impacted on the respective case law of the Permanent Court and how this case law connects to ‘modern’ approaches to international law. While, in sub-stance, the cases involving the Versailles Peace Treaty raised issues of both post-war settle-ment and international organisation, in doctrinal terms, the Court tentatively developed a concept of international law that squares with modern approaches. This can be demonstrated by examination of the case law, which contributed to the law of international organisations, redefined sovereignty, and developed the humanitarian dimension of international law.