📘 The treaties that shaped the modern world
Five treaties that carved up the world — and the gap between what each one actually says and what everyone remembers it saying.
What you’ll learn
- A Line Through an Ocean Nobody Had CrossedExplain how the Treaty of Tordesillas divided the world with a line that could not be located, and what followed from that.In 1494 Spain and Portugal split everything beyond a meridian 370 leagues west of the Cape Verde Islands — without defining a league, naming an island, or converting any of it to degrees. Surveyors produced seven different lines over the next century. One of the consequences was Brazil.
- The Peace That Gets the CreditSeparate what the 1648 treaties actually settled from the doctrine of sovereignty later attributed to them.The Peace of Westphalia ended the Thirty Years' War from two towns at once, and is remembered for founding the sovereign state system. A 2001 study of the texts found that doctrine is not in them: they adjust territory, settle religion, and restore the Holy Roman Empire, which then survived until 1806.
- Two Texts, One SignatureCompare the English and Māori texts of the Treaty of Waitangi and explain why the difference is still being litigated.The same agreement exists in two languages that say different things: the English text cedes sovereignty, the Māori text grants kāwanatanga while guaranteeing tino rangatiratanga. More than five hundred chiefs signed the Māori text and 39 the English. In 2014 the Waitangi Tribunal found no sovereignty was ceded.
- The Clause That Never Said ItRead Article 231 of the Treaty of Versailles in full and account for the gap between its wording and its reputation.One untitled sentence, written to establish a legal basis for reparations, became known as the war guilt clause although it never uses the word. One of its drafters later regretted the wording. The United States, meanwhile, never ratified the treaty at all.
- What Makes One LastTrace what happens to a treaty between signature and force, and identify what the five treaties in this course have in common.The UN Charter was signed by fifty nations in San Francisco in June 1945 and became law on 24 October — the same calendar date as the Münster treaty of 1648. Four of the signatories were women, whose pressure put equal rights into the preamble. Every treaty in this course was ambiguous, and every one of them survived.
Questions this course answers
Why could nobody agree where the Tordesillas line actually fell?
The treaty gave a distance — 370 leagues — without the definitions needed to use it, and left the matter to a joint voyage of pilots that never sailed. Seven rival placements resulted, spread across about seven degrees.
What was the accidental consequence of pushing the line west to 370 leagues?
The line clipped a coast no European had yet reported. Portuguese ships made landfall there six years later — which is why Brazil speaks Portuguese and most of South America does not.
What did Osiander's 2001 study conclude about the Peace of Westphalia?
Osiander went back to the documents and found the famous doctrine is not in them. They adjust territory, divide compensation, settle religion and restore the Holy Roman Empire — which then lasted until 1806.
Ter Borch's famous painting of 1648 shows which ceremony?
The raised hands are an oath, not a signature. It records the Spanish–Dutch peace that ended the Eighty Years' War, five months before the treaties usually meant by 'Westphalia'.
What is the central difference between the English and Māori texts of the Treaty of Waitangi?
Kāwanatanga is built from 'governor' and is far narrower than sovereignty. Article 2 of the Māori text then guarantees the chiefs unqualified chieftainship over their lands, villages and taonga.
What did the Waitangi Tribunal conclude in 2014 about the February 1840 signings?
The Tribunal found Britain went in intending to acquire sovereignty but presented the treaty to the chiefs as protection, telling them they would keep their rangatiratanga.
Grounded in trusted sources
- Treaty of Tordesillas, 7 June 1494 — the Portuguese ratification manuscript, held at the Archivo General de Indias, Seville (Documentos Escogidos 1, Doc. 1). The dating clause in the document itself reads 'na villa de tordesilhas a sete dias do mes de junho' of 1494. Digitised via PARES, the Spanish state archives portal — https://pares.culturaydeporte.gob.es/
- UNESCO Memory of the World, 'Tordesillas Treaty, 1494' — the terms of the demarcation 370 leagues west of the Cape Verde Islands, the parties (Ferdinand and Isabella; John II of Portugal), the surviving originals in Lisbon's Torre do Tombo and the Spanish archives, and inscription on the International Register in 2007 — https://www.unesco.org/en/memory-world/lac/tordesillas-treaty-1494
- Henry Harrisse, The Diplomatic History of America: Its First Chapter 1452–1494 (London, 1897) — the chart reproduced in this course, plotting the demarcation line as placed by Cantino (1502), Ferrer (1495), Enciso (1518), the Badajoz experts (1524), Oviedo, Ribeiro (1529) and others across the mouth of the Amazon, from 42°30′ to 49°45′ west
- The Treaty of Westphalia (Treaty of Münster), 24 October 1648 — full English text at the Avalon Project, Lillian Goldman Law Library, Yale Law School. The dating clause quoted in this course reads 'Done, pass'd and concluded at Munster in Westphalia, the 24th Day of October, 1648' — https://avalon.law.yale.edu/17th_century/westphal.asp
- Andreas Osiander, 'Sovereignty, International Relations, and the Westphalian Myth', International Organization 55:2 (Spring 2001), pp. 251–287 — the argument that the treaties do not contain the doctrine of state sovereignty attributed to them, that they settle territory, compensation, religion and the constitution of the Holy Roman Empire, and that the 'Westphalian system' was largely constructed by later writers — https://www.cambridge.org/core/journals/international-organization/article/abs/sovereignty-international-relations-and-the-westphalian-myth/33B6B7773432BE494F31518952ABE881
- Gerard ter Borch, The Ratification of the Treaty of Münster, 1648 (oil on copper, 45.4 × 58.5 cm), Rijksmuseum SK-C-1683, on long-term loan from the National Gallery, London (NG896) — the source for this course's correction that the painting records the Spanish–Dutch oath of 15 May 1648, not the imperial treaties of 24 October
- Te Papa Tongarewa (Museum of New Zealand), full text of Te Tiriti o Waitangi with English rendering — the source for the Article 1 and Article 2 wording quoted in this course, including 'te Kawanatanga katoa o o ratou wenua' and 'te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa' — https://tepapa.govt.nz/discover-collections/read-watch-play/maori/treaty-waitangi/treaty-close/full-text-te-tiriti-o
- Archives New Zealand — the nine surviving sheets of te Tiriti o Waitangi (Archives reference IA9/9), seven on paper and two on parchment, including the rat-damaged Waitangi Sheet reproduced here — https://www.archives.govt.nz/discover-our-stories/the-treaty-of-waitangi
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