@phdthesis{01HFQ9XX4NCY8YQVQ8YYMXGGK2,
  abstract     = {{This dissertation comprises two distinct but interconnected parts, offering a holistic exploration of the evolution of the texts of commercial treaties (1860-1871) and the doctrinal (re)construction thereof in international law journals and the most influential handbook of this period (1886-1914). Part I delves into the intricate realm of commercial treaties spanning 1860 to 1871. Adopting a pioneering approach that combines traditional legal historical methods with innovative network science techniques, Part I challenges prevailing assumptions underpinning progress narratives in international economic law by revising the historical account of the diffusion of the unconditional most-favoured-nation (MFN) clause through the Cobden-Chevalier treaty (1860) and the treaty network created in its wake. The study counters conventional wisdom that attributes the Cobden-Chevalier treaty to British hegemony. Rather than a dominant role, Britain's influence is shown to be limited, with pivotal contributions from mainly France and Belgium. I question the prevalent belief that the unconditional MFN clause epitomised the Cobden-Chevalier treaties. In reality, a diverse array of MFN clauses existed globally. The study sheds light on the pivotal role of France and Belgium in diffusing clauses related to national treatment, mutual recognition, coal, and parallel treaties. Latin America had moreover already started to appropriate European legal concepts, while the colonial clause challenges conventional perceptions of the nexus between trade, empire, and international law. Unconditional MFN was not universally applicable, nor an inter-European affair; this idea is the product of a Eurocentric reading of commercial treaties.
Part II delves into the interplay between commercial treaties and scholars’ doctrinal constructs. I elucidate how international lawyers aimed to systematise and reconcile the ambiguities of treaty practice into a coherent framework. Employing a combination of close and distant readings of significant doctrinal texts, I uncover the foundational elements of international commercial legal doctrine during this era (1886-1914). It investigates doctrinal debates within international law journals and the era’s most influential treatise, Fyodor Fyodorovich Martens’ seminal work Traité de droit internationale. I highlight the influential roles of figures such as Ernest Lehr, Francisco León de la Barra, Lodewijk Ernst Visser, Stanley Hornbeck, Samuel Crandall, and Ernst von Teubern – individuals whose contributions to international law have been overlooked. The analysis exposes the dynamics of American exceptionalism in international law and its corresponding citation patterns by utilising a distant reading of citation networks. Another central theme to emerge from this inquiry is the appropriation of European legal concepts by semi-peripheral states. I underscore the adeptness with which Latin America and Japan navigated the complexities of the most-favoured-nation (MFN) clause to assert their positions and challenge European dominance.
At its core, this dissertation challenges prevailing narratives by approaching the pre-World War I era as a subject of legal historical inquiry in its own right. It reframes international trade's legal historical trajectory, revealing that the legal infrastructure underpinning the 1860s' golden era of free trade was complex. It involved a network of bilateral commercial treaties that multilateralised a varying set of rights and obligations through the MFN clause. Simultaneously, it extended its tentacles through colonial clauses and unequal treaties, reaching a quasi-global scope. However, the attempt at creating a level playing field through MFN's horizontal non-discrimination obligation was disrupted by the existence of customs unions, imperial preferences, and subsidies. The study exposes how this era's legal professionals interpreted these intricacies through the lens of Roman law-inspired principles and civilisational ideas. The results invite the reader to question existing progress narratives in international economic law.}},
  author       = {{Volkaert, Florenz}},
  keywords     = {{Legal history,History of international law,International economic law,Digital legal history}},
  language     = {{eng}},
  pages        = {{584}},
  publisher    = {{Ghent University. Faculty of Law and Criminology}},
  school       = {{Ghent University}},
  title        = {{Commercial treaties (1860-1914) : a networked history of international law and trade}},
  year         = {{2023}},
}