Friedrich Martens
Encyclopedia
Russian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
and Frédéric Frommhold (de) Martens in French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
( — ) was a diplomat
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
and jurist in service of the Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
who made important contributions to the science of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. He represented Russia at the Hague Peace Conference, (during which he drafted the Martens Clause
Martens Clause
The Martens Clause was introduced into the preamble to the 1899 Hague Convention II – Laws and Customs of War on Land.The clause took its name from a declaration read by Fyodor Fyodorovich Martens, the Russian delegate at the Hague Peace Conferences 1899 and was based upon his words:The...
), and helped to settle the first cases of international arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, notably the dispute between France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
and Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
over Newfoundland. As a scholar, he is probably best remembered today for having edited 15 volumes of Russian international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
(1874-1909).
Biography
Estonians
Estonians are a Finnic people closely related to the Finns and inhabiting, primarily, the country of Estonia. They speak a Finnic language known as Estonian...
parents at Pärnu
Pärnu
Pärnu is a city in southwestern Estonia on the coast of Pärnu Bay, an inlet of the Gulf of Riga in the Baltic Sea. It is a popular summer vacation resort with many hotels, restaurants, and large beaches. The Pärnu River flows through the city and drains into the Gulf of Riga...
in the Governorate of Livonia of Russian Empire
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, Martens was later raised and educated as a German
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
-speaker. He lost both parents at the age of nine and was sent to a Lutheran orphanage in St. Petersburg, where he successfully completed the full course of studies at a German high school and in 1863 entered the law faculty of St. Petersburg University. In 1868, he started his service at the Russian ministry of foreign affairs. In 1871, he became a lecturer in international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
in the university of St. Petersburg, and in 1872 professor of public law in the Imperial School of Law and the Imperial Alexander Lyceum. In 1874, he was selected special legal assistant to Prince Gorchakov, then imperial chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
.
His book on The Right of Private Property in War had appeared in 1869, and had been followed in 1873 by that upon The Office of Consul
Consul
Consul was the highest elected office of the Roman Republic and an appointive office under the Empire. The title was also used in other city states and also revived in modern states, notably in the First French Republic...
and Consular Jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
in the East, which had been translated into German and republished at Berlin
Berlin
Berlin is the capital city of Germany and is one of the 16 states of Germany. With a population of 3.45 million people, Berlin is Germany's largest city. It is the second most populous city proper and the seventh most populous urban area in the European Union...
. These were the first of a long series of studies which won for their author a worldwide reputation, and raised the character of the Russian school of international jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
in all civilised countries.
First amongst them must be placed the great Recueil des traités et conventions conclus par la Russie avec les puissances etrangeres (13 volumes, 1874-1902). This collection, published in Russian and French in parallel columns, contains not only the texts of the treaties but valuable introductions dealing with the diplomatic conditions of which the treaties were the outcome. These introductions are based largely on unpublished documents from the Russian archives.
Of Martens’ original works his International Law of Civilised Nations is perhaps the best known; it was written in Russian, a German edition appearing in 1884-1885, and a French edition in 1887-1888. It displays much judgment and acumen, though some of the doctrine
Doctrine
Doctrine is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the body of teachings in a branch of knowledge or belief system...
s which it defends by no means command universal assent. More openly biased in character are such treatises as:
Central Asia
Central Asia is a core region of the Asian continent from the Caspian Sea in the west, China in the east, Afghanistan in the south, and Russia in the north...
(1879) Russia's Conflict with China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
(1881) The Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
ian Question (1882) The African Conference
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
of Berlin and the Colonial Policy
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...
of Modern States (1887)
In the delicate questions raised in some of these works Martens stated his case with learning and ability, even when it was obvious that he was arguing as a special pleader. Martens was repeatedly chosen to act in international arbitration
International arbitration
International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships...
s. Among the controversies which he helped to mediate were: the Pious Found Affaire
Pious Fund of the Californias
The Pious Fund of the Californias, is a fund, originating in 1697, to sponsor the Roman Catholic Jesuit Spanish missions in Baja California, and Franciscan Spanish missions in Alta California in the Viceroyalty of New Spain from 1769 to 1823, and originally administered by the Jesuits...
, between Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
– the first case determined by the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
– and the dispute between Great Britain and France over Newfoundland in 1891. He was the presiding arbitrator in the arbitration of the boundary dispute between Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
and British Guiana
British Guiana
British Guiana was the name of the British colony on the northern coast of South America, now the independent nation of Guyana.The area was originally settled by the Dutch at the start of the 17th century as the colonies of Essequibo, Demerara, and Berbice...
which followed the Venezuela Crisis of 1895
Venezuela Crisis of 1895
The Venezuela Crisis of 1895 occurred over Venezuela's longstanding dispute with the United Kingdom about the territory of Guayana Esequiba, which Britain claimed as part of British Guiana and Venezuela saw as Venezuelan territory...
.
He played an important part in the negotiations between his own country and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, which led to the peace of Portsmouth (August 1905) and prepared the way for the Russo-Japanese convention. He was employed in laying the foundations for the Hague Conferences. He was one of the Russian plenipotentiaries
Plenipotentiary
The word plenipotentiary has two meanings. As a noun, it refers to a person who has "full powers." In particular, the term commonly refers to a diplomat fully authorized to represent his government as a prerogative...
at the first conference and president of the fourth committee – that on maritime law – at the second conference. His visits to the chief capitals of Europe in the early part of 1907 were an important preliminary in the preparation of the programme. He was judge of the Russian supreme prize court
Prize court
A prize court is a court authorized to consider whether or not a ship has been lawfully captured or seized in time of war or under the terms of the seizing ship's letters of marque and reprisal...
established to determine cases arising during the war with Japan.
He received honorary degrees from the universities of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
, Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, Edinburgh
University of Edinburgh
The University of Edinburgh, founded in 1583, is a public research university located in Edinburgh, the capital of Scotland, and a UNESCO World Heritage Site. The university is deeply embedded in the fabric of the city, with many of the buildings in the historic Old Town belonging to the university...
and Yale
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
; he was also one of the runner-up nominees for the Nobel Peace Prize
Nobel Peace Prize
The Nobel Peace Prize is one of the five Nobel Prizes bequeathed by the Swedish industrialist and inventor Alfred Nobel.-Background:According to Nobel's will, the Peace Prize shall be awarded to the person who...
in 1902. In April 1907, he addressed a remarkable letter to The Times
The Times
The Times is a British daily national newspaper, first published in London in 1785 under the title The Daily Universal Register . The Times and its sister paper The Sunday Times are published by Times Newspapers Limited, a subsidiary since 1981 of News International...
on the position of the second Duma
Duma
A Duma is any of various representative assemblies in modern Russia and Russian history. The State Duma in the Russian Empire and Russian Federation corresponds to the lower house of the parliament. Simply it is a form of Russian governmental institution, that was formed during the reign of the...
, in which he argued that the best remedy for the ills of Russia would be the dissolution of that assembly and the election of another on a narrower franchise. He died suddenly in June 1909.
Ennoblement
The date and circumstances of his ennoblement are not clear. While it is undisputed that he called himself and was referred to as von or de Martens in publications since the early 1870s, this title might have been bestowed upon him either with one of the more distinguished Russian Orders, or with the title of a Privy Councillor (according to the Table of Ranks), or simply with his appointment as a full professor. He was never registered in the matricles of the knightage of LivoniaLivonia
Livonia is a historic region along the eastern shores of the Baltic Sea. It was once the land of the Finnic Livonians inhabiting the principal ancient Livonian County Metsepole with its center at Turaida...
(Livländische Ritterschaft) or one of the other three Baltic knightages (that is of Estonia, Courland
Courland
Courland is one of the historical and cultural regions of Latvia. The regions of Semigallia and Selonia are sometimes considered as part of Courland.- Geography and climate :...
and Ösel
Saaremaa
Saaremaa is the largest island in Estonia, measuring 2,673 km². The main island of Saare County, it is located in the Baltic Sea, south of Hiiumaa island, and belongs to the West Estonian Archipelago...
/Saaremaa). His surname, Martens, is included in the Russian Heraldic Book #14, though it is uncertain if this entry relates to him or to another noble of the same name. His social advancement was the more remarkable, as it was exclusively based on his professional merits.
Popular culture
- Friedrich Martens is featured as the main character in the novel "Professor Martens' DepartureProfessor Martens' DepartureProfessor Martens' Departure is a 1984 historical novel set in czarist Russia by Estonian writer Jaan Kross.-Plot summary:Friedrich Fromhold Martens, born in Pärnu, Estonia on 27 August 1845, was a renowned expert in international law. He attended the University of St. Petersburg where he later...
" (Professor Martensi ärasõit, 1984) by Estonian author Jaan KrossJaan Kross-Early life:Born in Tallinn, Estonia, studied Jacob Westholm´s Grammar school, Kross attended the University of Tartu and graduated from its School of Law...
.
Biographies
- Vladimir Pustogarov. (English version 2000) "Our Martens: F.F. Martens, International Lawyer and Architect of Peace". The original,"С пальмовой ветвью мира" was published in 1993.
Articles
- Fleck, Dieter. Friedrich von Martens: A Great International Lawyer from Pärnu, 2 Baltic Defense Review (2003), pp. 19-26
- Staff, Fedor Fedorovich Martens (1845-1909), website of Peace Palace LibraryPeace Palace LibraryThe Peace Palace Library is one of the oldest and most prestigious libraries specialized in international law. Its principal objective is to service the institutions that reside in the Peace Palace, including the International Court of Justice, the Permanent Court of Arbitration, and the Hague...
, Hague - Pustogarov, Vladimir V. Fyodor Fyodorovich Martens (1845-1909) — A Humanist of Modern Times, International Review of the Red Cross (1996), No. 312, pp. 300-314