Collective Security Under International LawAn 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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Page 5
... territory annexed by the victorious state , the possibility that a state may lose its life certainly exists if military sanctions are applied . Furthermore , there is no reason why states should not be required to run such a risk in the ...
... territory annexed by the victorious state , the possibility that a state may lose its life certainly exists if military sanctions are applied . Furthermore , there is no reason why states should not be required to run such a risk in the ...
Page 29
... territory , or an organiza- tion whose security functions are limited to a certain geographical As long as no world state exists , security organizations whose members are individual human beings must have a regional character . The ...
... territory , or an organiza- tion whose security functions are limited to a certain geographical As long as no world state exists , security organizations whose members are individual human beings must have a regional character . The ...
Page 32
... territorial and personal sphere . The idea that there exists only one justice or equity is one of the most misleading ... territory , both statuses regulated by national and international law respectively . The court , in applying this ...
... territorial and personal sphere . The idea that there exists only one justice or equity is one of the most misleading ... territory , both statuses regulated by national and international law respectively . The court , in applying this ...
Page 36
... territorial integrity and political independence . The fact that war , as an unlimited use of armed force for the purpose of overpowering the opponent and enforcing upon him the conditions of peace , is not illegal , is incompatible ...
... territorial integrity and political independence . The fact that war , as an unlimited use of armed force for the purpose of overpowering the opponent and enforcing upon him the conditions of peace , is not illegal , is incompatible ...
Page 41
... territorial integrity and political independence . In addition , the collective measures provided for by the treaty which constitutes a collec- tive security organization are supposed to outweigh the power of any state or group of ...
... territorial integrity and political independence . In addition , the collective measures provided for by the treaty which constitutes a collec- tive security organization are supposed to outweigh the power of any state or group of ...
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Common terms and phrases
act of aggression aggressor agreement applied armaments armed attack armed force Article 51 Assembly assistance atomic energy Authority belligerents central organ Charter collective security Committee concept concerned Conference conflict considered constituent treaty consultation Convention Court Covenant decision declared defense definition of aggression delict determined Disarmament Commission dispute economic sanctions effective enforcement action enforcement measures enumerative definition established execution function Hans Kelsen Hence High Contracting Parties illegal impartiality individual international law International Law Commission international peace International Sanctions international security organization judicial Kellogg-Briand Pact law-applying organ League of Nations legal order means ment military sanctions neutrality norm obligation Pact paragraph peace and security permanent police political positive law possible principle prohibition purpose reaction recommendations regional Resolution right of self-defense Security Council security system status stipulated submitted system of international territory tion treaty constituting tribunal United Kingdom United Nations United Nations Charter violation weapons
Popular passages
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.