Bibliographic Essay 577
(Oxford University Press, 2012). Emmanuelle Jouannet, Th e Liberal- Welfarist Law of
Nations: A History of International Law (trans. by Christopher Sutcliff e; Cambridge
University Press, 2012), an extended essay rather than a narrative history, identifi es
this period as a time when what she calls “the law of nations of the Moderns” began to
focus on the promotion of well- being and happiness (i.e., on “perfection”) in addition
to its prior focus on the rights and freedoms of states.
Several areas of state practice have received at least a modicum of attention. For an
excellent brief overview of international law and diplomacy in the seventeenth century,
see George Clark, Th e Seventeenth Century (2nd ed.; Oxford University Press, 1947),
124– 39. On legal aspects of balance- of- power considerations, see Alfred Vagts and
Detlev F. Vagts, “Th e Balance of Power in International Law: Th e History of an Idea,”
73 AJIL 555– 80 (1979). On legal aspects of peace- treaty practice, see Randall Lesaff er,
“Paix et guerre dans les grands traités du dix- huitième siècle,” 7 JHIL 25– 41 (2005). On
the development of the laws of war, see Geoff rey Best, Humanity in Warfare: Th e Mod-
ern History of the International Law of Armed Confl icts (Weidenfeld and Nicolson,
1980). See also Stephen C. Neff , War and the Law of Nations: A General History (Ca m-
bridge University Press, 2005), 83– 158. On neutrality, see Stephen C. Neff , Th e Rights
and Duties of Neutrals: A General History (Manchester University Press, 2000), 27– 60.
Richard Pares, Colonial Blockade and Neutral Rights 1739– 1763 (Cambridge University
Press, 1938) contains much valuable information on privateering (1– 76) and the opera-
tion of prize courts (77– 147). For surveys of the various peace plans that were put for-
ward (without success) during the period, see Sylvester John Hemleben, Plans for
World Peace through Six Centuries (University of Chicago Press, 1943), 21– 85.
Several aspects of treaty making during the period have received scholarly treat-
ment. On the development of neutrality law by means of treaties of amity and com-
merce, see Neff , Rights and Duties of Neutrals, 27– 38. On the development of most-
favored- nation agreements, see Joseph Koulischer, “Les traités de commerce et la
clause de la nation la plus favorisée du XVIe au XVIIIe siècle,” 6 Revue d’Histoire
Moderne 3– 29 (1931). On the capitulation agreements made by various Eu ro pe an
states with the Ottoman Empire, see Maurits H. van den Boogert, Th e Capitulations
and the Ottoman Legal System: Qadis, Consuls, and Beraths in the 18th Century (Brill,
2005); and, more briefl y, Umut Özsu, “Ottoman Empire,” in Fassbender and Peters
(ed s.), Oxford Handbook, 429– 48. On peace treaties between Eu ro pe an states and the
Ottoman Empire, see Karl- Heinz Ziegler, “Th e Peace Treaties of the Ottoman Empire
with Eu ro pe an Christian Powers,” in Randall Lesaff er (ed.), Peace Treaties and Inter-
national Law in Eu ro pe an History: From the Late Middle Ages to World War One, 338–
64 (Cambridge University Press, 2004).
For an informative discussion of developments in the law of the sea, see Wyndham
L. Walker, “Territorial Waters: Th e Cannon Shot Rule,” 22 BYBIL 210– 31 (1945). Some
literature exists dealing with specifi c international legal disputes of the period. Nota-
ble in this respect is Ernest Satow, Th e Silesian Loan and Frederick the Great (Claren-
don Press, 1915).