The Nomos of the Earth in the International Law of the Jus Publicum Europaeum

Description

The Nomos of the Earth in the International Law of the Jus Publicum Europaeum by Carl Schmitt is a profound and complex exploration of the historical and philosophical foundations of international law, geopolitics, and global order. Published in 1950, Schmitt’s work reflects on the concept of Nomos, which he defines as the fundamental ordering of space, law, and power. He traces the evolution of the European-centered international legal system—known as Jus Publicum Europaeum—which emerged after the Peace of Westphalia in 1648 and maintained a relatively stable world order until its decline in the 20th century. In this sweeping narrative, Schmitt examines how European powers divided and organized the world through land appropriation, colonization, and legal norms that regulated war and diplomacy. He argues that the Nomos of the Earth during this period was characterized by a balance between sovereign nation-states and a clear distinction between war and peace, domestic order and international relations. However, with the collapse of this system and the rise of global ideologies and total wars, Schmitt sees the erosion of these distinctions and the onset of a more chaotic and lawless global condition. At its core, The Nomos of the Earth reflects Schmitt’s belief that law and order arise from concrete spatial arrangements and power structures, rather than abstract principles. It offers a critical perspective on the transformation of international law in the age of imperialism, the breakdown of European dominance, and the emergence of a new, uncertain world order. The book is considered one of Schmitt’s most significant contributions to political and legal theory, offering a controversial yet influential analysis of the geopolitical and legal transformations that shaped the modern world.