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My main aim is to understand the extent to which the Institut de droit international, a structure created in 1873, which wanted to be apolitical and the voice of small states, was confronted with realities specific to the aftermath of the Franco-Prussian War of 1870–1871. Among these can be noted the nationalism of the Revanche in France, the reinforcement of imperial Germany, but also the fear of a recovery and domination of the international legal doctrine by socialism. This study attempts to identify the main features of – in many ways – seems to have been a period of crisis and reflux of international law, the formalization of which dates back to 1869–1873. In short: how can a scientific, legal and intellectual structure inform us about the profound consequences of the international tensions of that time?