Dieser Band versammelt Aufsätze renommierter Völker-und Europarechtler über Vergangenheit und Zukunft des internationalen Rechts, die aus Anlass des 100-jährigen Gründungsjubiläums der Frankfurter Universität entstanden sind. Es geht um die Geschichte von Völker- und Europarecht, die zentrale Bedeutung der "spiritual dimension" der europäischen Rechtsordnung und um das Internet als Chance, alle von globaler Rechtsetzung betroffenen Personen am Entscheidungsprozess zu beteiligen. Mit Beiträgen von Michael Bothe, Stefan Kadelbach, Martti Koskenniemi, Joseph H.H. Weiler und Ingolf Pernice.

Rainer Hofmann und Stefan Kadelbach sind Professoren für Öffentliches Recht, Völkerrecht und Europarecht an der Universität Frankfurt am Main.

Law Beyond the State-Pasts and Futures: An Introduction Rainer Hofmann I. Introduction On 10 June 1914, Emperor Wilhelm II signed-albeit in his capacity as King of Prussia which had annexed Frankfurt in the aftermath of the Prussian-Austrian war of 1866 thus terminating its century-long status of Freie Reichsstadt-the decree granting the foundation of a university in Frankfurt am Main. The final step was taken on 1 August 1914 when Wilhelm II assented to the statutes of the university. Due to the ongoing war, the inauguration on 26 October 1914 is reported to have been more sober than originally planned; lectures began the following day thus successfully ending a long and often protracted process initiated and carried forward by a number of outstanding personalities such as Franz Adickes, long-time mayor of Frankfurt, and Wilhelm Merton, founder of Metallgesellschaft who had succeeded in mustering the political and above all very strong financial support of leading and affluent members of Frankfurt's traditionally cosmopolitan and liberal bourgeoisie characterized by its very high percentage of Jews; their very substantial endowments made Frankfurt University a true citizens' university, financially independ-ent from any Prussian state support. The Faculty of Law, one of the five initial faculties, comprised seven full professors (Ordinarien) among whom Friedrich Giese who was tasked to teach Public Law, including Public Inter-national Law. Commemorating the 100st anniversary of its foundation, Frankfurt University and a number of its institutions organized workshops and other academic events throughout 2014. Considering the eminent role usually accorded to Frankfurt scholars for the development of international law, the Faculty of Law convened, on 11 June 2014, in cooperation with the Cluster of Excellence "The Formation of Normative Orders", a workshop analyzing the role of Frankfurt in the past development of both Public International Law and European (Union) Law as well as looking into the futures of these branches of law as essential components of a "Law Beyond the State": Michael Bothe discussed, from a historic point of view, Public International Law in Frankfurt; Martti Koskenniemi shared his thoughts on International Law's Futures-Yesterday, Today, Tomorrow; Ingolf Pernice presented his project on Global Constitutionalism and the Internet. Taking People Seriously; and Joseph H.H. Weiler developed his vision on Taking (Europe's) Values Seriously. These papers, some of them substantially enlarged and revised, and complemented by an article by Stefan Kadelbach on Frankfurt's Contribution to European Law, are assembled in this publication in order to make them available to the public-at-large. II. The Pasts While Germanspeaking scholars always had played an important role in the development of international law, both as concerns its interstate aspects as Völkerrecht as well as its conflictoflaws aspects as Internationales Privatrecht, this situation was not reflected in any institutional academic settings until the years immediately preceding and following World War I: 1914 saw the foundation of the Kiel Institute for International Law headed by Theodor Niemeyer; the separation between Public and Private International Law was well reflected in the foundations of the Berlinbased KaiserWilhelmInstitutes for Comparative and International Public Law, under the directorship of Viktor Bruns, in 1924 and for Comparative and International Private Law, under the directorship of Ernst Rabel, in 1926, respectively. The strongly increasing relevance of Public International Law in Germany, not the least as a result of the Versailles Peace Treaty, was reflected, as concerns Frankfurt, in the fact that already in 1920, Karl Strupp began its teaching activities, first as Privatdozent, later (1926) as Extraordinarius but only in 1932 as Ordinarius, about one year before hebecause of his being a Jewlost his position and had to emigrate, first to Turkey, then to Denmark and France where he died in 1940never able to take up a professorship at Columbia University which had been offered to him in 1939. His and his Frankfurt successors' contribution to the development of Public International Law are presented and analyzed in the pertinent contribution by Michael Bothe. The aftermath of World War II saw, among other developments, the advent of serious integration efforts in the non-communist part of Europe, resulting in the foundation of the Council of Europe in 1949 as a tradi-tional inter-national organization, on the one hand, and of the European Coal and Steel Community (ECSC) in 1951/1952 as the first supra-national organization, on the other hand. The ECSC formed the nucleus of what became, subsequent to the entry into force of the treaties establishing the European Economic Community and the European Atomic Energy Community in 1957 and later developments such as the treaties of Maastricht, Amsterdam, Nice and Lisbon the European Union as we know it today. These developments also resulted in the establishment of a specific branch of International Law, European (Union) Law which was to a large extent influenced by Frankfurt-based scholars such as, in particular Walter Hallstein, the first post-war Rektor of the University (1946-1948) and, as of 1958, the first President of the European Economic Community as which he served until 1967. His and his successors' contribution to the development of European (Union) Law are presented and discussed in the pertinent contribution by Stefan Kadelbach. 1. Public International Law in Frankfurt In order to cover his topic, i.e. public international law in Frankfurt, Michael Bothe chose to tell "three different, but intricately intermingled tales: A tale about persons who shaped teaching, research and outreach of international law in Frankfurt during a century; a tale about the history of Germany and the world at large which has had a marked impact on the life and work of these persons; and a tale about the development of legal thought to which these persons have contributed". The persons who figure most prominently in these tales are Karl Strupp, Walter Hallstein, Heinrich Kronstein and Hermann Mosler. Bothe considers them-and rightly so-as initiators of developments which became eventually significant for public international law at Frankfurt. These developments or aspects are the documentation of international law, the role of international economic law, and the international system as a legal community. Strupp's strong international reputation was well reflected in, inter alia, his membership in the Institut de Droit International, first (1927) as associated member, then (in 1932) as ordinary member, and the three invitations to give lectures at the Hague Academy, in 1924 ("L'intervention en matière financière"), 1930 ("Le droit du juge international de statuer selon l'équité") and 1934 ("Les règles génèrales du droit de la paix"). In addition to publishing his important monographs such as Das völkerrechtliche Delikt (1920) and Die völkerrechtliche Haftung des Staates (1927), he initiated what became a true Frankfurt tradition: the documentation of international law as reflected in his Wörterbuch des Völkerrechts (published in three volumes between 1924 and 1929). This approach, i.e. the understanding that the effectiveness of inter-national law depends to a large extent on its being known by all relevant actors and, therefore, requires its documentation in an easily accessible, encyclopedic format was continued by Hans-Joachim Schlochauer, Strupp's former assistant who being himself a Jew, had fled to Oxford from where he returned to Frankfurt in 1951 to take up a professorship in public international law which he held until 1974. Between 1960 and 1962, he was responsible for the second edition of the Wörterbuch, again in three volumes. Two decades later, it was un...

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