Chapter 3 The Peace of Utrecht, the Balance of Power and the Law of Nations
In: The 1713 Peace of Utrecht and its Enduring EffectsSearch for other papers by Randall Lesaffer in
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Abstract
The Peace of Utrecht’s greatest claim to fame in the historiography of the law of nations is that it introduced the balance of power into the positive law of nations. This paper assesses what this inclusion signified to the treaty negotiators at Utrecht and what the balance of power meant to them both as a political principle and for its legal implications. In origins, the inclusion of the balance of power in the Utrecht Peace Treaties only held legal consequences in relation to the prevention of personal union between France and Spain. In the treaty practice of the next four decades, references to the balance as a basis for concrete legal rights and obligations gradually expanded to other succession issues. It is sometimes claimed that Utrecht marked the transition of a European order based on legitimate dynastic right to an order based on the common interest of peace and balance of power. While this claim has merit, it does not signify a complete overhauling of the old system. Over the 18th century, the legitimate claims of dynasties would remain foundational to the system of Europe. But progressively, they had to be balanced with the public interests of state, which at times were defended through an appeal to the balance of power.