Die Wiener Congressakte – Diskontinuität und Kontinuität des Europäischen Völkerrechts 1789–1818

On the 9th of June 1815 the Final Act of the Congress of Vienna was signed by the principal powers. It was the end of a long political and legal process of the reconstruction of Europe after the fundamental changes of the political and territorial changes which occurred during the revolutionary and Napoleonic wars since 1792. But it was also the reconstruction of the European order of the law of nations or European international law. In part II I am defending the thesis that the ancient order of the droit public de l'Europe, which was based mainly on the dynastic principle had been discontinued by the revolutionary concept of the souveraineté des peuples as new basis of a European law of nations by the National assembly and the Convention. But also the counter-principle of legitimacy defended by the other courts of Europe was in its form and content, defence of throne and altar, a new principle. Both principles did not find the necessary all-european consensus. I describe how Europe was transformed in a first phase on the grounds of the revolutionary principle. In part III I am describing the changes of the political and the legal structures of Europe initiated by Napoleon, his installation as Emperor of the French and King of Italy, the creation of the Rhenan Confederation under his protectorate, which was followed by the destruction of the Holy Roman Empire, the creation of satellite-states in Germany and Poland, the creation of the Kingdom of Italy in the northern part, the annexation of large parts of Italy, the Kingdom of Holland and the north-west of Germany, by the distribution of Kingships etc. in Germany and Italy under members of his family, by the domination of Europe by the Continental system.th. In some cases this was done by international treaties, but Napoleon used more and more one sided imperial decrees and decisions of his Senate, again a breaking of the law of nations which was built on consensus. Part IV is devoted to the developments after Napoleon drew back from Moscow in the beginning of 1813, the formation of the sixth coalition, their war-goals and their changes, the legal steps taken by treaties to start reordering Europe on the basis of the actual situation, the vain attempts to conclude peace with Napoleon himself, the deposition of Napoleon, the return of the Bourbons and the conclusion of the Peace-Treaty of Paris of the 30th may 1814. In part V I am analyzing this Peace Treaty. By this treaty France had to give up nearly all