From Contract to Treaty: The Legal Transformation of the Spanish Succession (1659-1713)

Abstract

The problem of the Spanish Succession kept the European diplomatic system in suspense from 1659 until 1713. Statesmen and diplomats tackled the question. Their practical vision of the law is a necessary complement to legal doctrine. Louis XIV and Emperor Leopold I used incompatible and absolute claims, which started in private law and Spanish succession law. At the Peace of Utrecht, these arguments completely dissolved. The War of the Spanish Succession thus not only redesigned the political map of Europe. It altered the norm hierarchy in public law, strengthening international law as the framework of the “Société des Princes”.

Keywords: History of International Law, European History, International Relations, Early Modern History

JEL Classification: K33, N43, B30