Collective Security Under International Law

Front Cover
The Lawbook Exchange, Ltd., 2001 - Law - 275 pages
An Essential Function of International Law. "Professor Kelsen's high standing as a scholar is sufficient to commend in advance any volume that comes from his pen. But in this case he has chosen a subject that will at once challenge attention. The main function of the volume, in the words of the author, "is to show that collective security is an essential function of law," that it is "by its very nature a legal problem." A generation ago there were many in high places to contest the thesis. Today the bitter lesson of two world wars has established the principle for practical purposes, in spite of the difficulty of putting it into practice. But the legal aspects of the thesis remain to be clarified, and this is what Professor Kelsen does with all his power of legal analysis and systematic presentation. (...) [We] must be grateful for what we are given, an acute analysis of a fundamental principle, the applications of which we can make from our own knowledge of recent history." -- C. G. Fenwick, American Journal of International Law 52 (1958) 811. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.

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Contents

mm The problem of provocation
86
c Sanctions
101
bb The execution of sanctions within an international security system
104
cc Nonmilitary sanctions
106
dd Military sanctions
110
B The organization of military sanctions
111
C The international police force organized as a permanent and separate armed force at the direct disposal of a security organization
113
D The procedure preceding the execution of sanctions
120

7 SelfDefense
26
8 The Centralization of the LawCreating Function the Peaceful Change of Established Legal Relations
28
9 Universal and Regional Security Organizations
29
INTERNATIONAL SECURITY
34
b Alliances and the balance of power
39
c The opposition to international security
42
2 Collective Security under Particular International Law
53
b The problem of aggression
58
bb Aggression and selfdefense as a restriction of the prohibition of the use of armed force
59
cc Other exceptions to the prohibition of the use of armed force
62
dd Aggression as conduct not including the use of armed force indirect aggression
63
ee The definition of aggression
66
ff This attempt to eliminate the problem of aggression
67
gg Is the concept of aggression not susceptible to definition?
69
hh The two methods of defining aggression
70
ii The arguments against a preestablished definition of aggression
73
jj Is aggression a political concept and not a legal one?
75
kk General or enumerative definition of aggression
78
ll The difficulties in defining? aggression and in determining the aggressor
83
E Sanctions constituting individual responsibility for violations of international law
122
F Sanctions consisting of the forfeiture of rights
125
d Peace treaties and neutrality
152
bb Neutrality within a system of international security
154
e Preventive Measures
171
bb The peaceful settlement of international disputes
181
cc The peaceful change of legally established international relations
194
dd Disarmament
197
Physical disarmament
198
The aim of disarmament
202
Immediate complete or gradual progressive disarmament
204
Proportional or balanced disarmament
205
Reduction and limitation of expenditures
206
Derogations
207
Moral disarmament
210
ee Economic cooperation
253
ff Universalism and regionalism
258
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Page 134 - The Members of the League agree, further, that they will mutually support one another in the financial and economic measures which are taken under this Article, in order to minimize the loss and inconvenience resulting from the above measures, and that they will mutually support one another in resisting any special measures aimed at one of their number by the Covenant-breaking State...
Page 128 - The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all; and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective...
Page 177 - If the inviolability or the integrity of the territory or the sovereignty or political independence of any American State should be affected by an aggression which is not an armed attack or by an extra-continental or intra-continental conflict, or by any other fact or situation that might endanger the peace of America...
Page 192 - The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply : (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting States ; (b) international custom, as evidence of a general practice accepted as law...
Page 134 - If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures, shall have the right to consult the Security Council with regard to a solution of those problems.
Page 147 - The Allied and Associated Governments affirm and Germany accepts the responsibility of Germany and her allies for causing all the loss and damage to which the Allied and Associated Governments and their nationals have been subjected as a consequence of the war imposed upon them by the aggression of Germany and her allies.

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