scholarly journals The Soviet Union and International Law: A Study Based on the Legislation, Treaties and Foreign Relations of the Union of Socialist Soviet Republics.

1936 ◽  
Vol 51 (4) ◽  
pp. 630
Author(s):  
Frederick Sherwood Dunn ◽  
T. A. Taracouzio
2019 ◽  
Vol 58 (2) ◽  
pp. 399-413
Author(s):  
Rizal Abdul Kadir

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.


1963 ◽  
Vol 17 (1) ◽  
pp. 226-230

The Security Council discussed this question at its 1022nd–1025th meetings, on October 23–25, 1962. It had before it a letter dated October 22, 1962, from the permanent representative of the United States, in which it was stated that the establishment of missile bases in Cuba constituted a grave threat to the peace and security of the world; a letter of the same date from the permanent representative of Cuba, claiming that the United States naval blockade of Cuba constituted an act of war; and a letter also dated October 22 from the deputy permanent representative of the Soviet Union, emphasizing that Soviet assistance to Cuba was exclusively designed to improve Cuba's defensive capacity and that the United States government had committed a provocative act and an unprecedented violation of international law in its blockade.


2021 ◽  
pp. 141-142
Author(s):  
Martin Wight

In this note Wight describes pendulum swings in opinion about the requirements of justice in war in Western civilization since the Middle Ages. Medieval Catholicism emphasized the righteousness of the ruler’s cause and asserted orthodoxy against infidels or heretics. Prominent writers on international law in the seventeenth and eighteenth centuries (Gentili, Grotius, and Vattel) marked a shift toward secularization and rationalism (with both sides usually able to claim justice) and restraint in the laws of war governing the methods of combat. Moser’s study of international law, published in 1777–1780, was representative of an ‘age of positivism’ (1763–1918) in which all sovereign states had a right to resort to war or to remain neutral, while codifying obligations concerning the conduct of war. The Covenant of the League of Nations, signed in 1919, initiated a return to restrictions on the right to resort to war, reinforced by the 1928 Kellogg–Briand Pact, also known as the General Treaty for the Renunciation of War as an Instrument of National Policy, which was upheld by the Nuremberg Tribunals. The Covenant ruled out aggression as unjust, while action in defence of the Covenant would be just by enforcing collective security. The Soviet Union reintroduced Holy War with its view of the Great Patriotic War (World War II) and the Cold War as just causes that advanced Communist revolutionary objectives. Counter-force strategies of nuclear deterrence may be regarded as strengthening restraint in the methods of war, compared to counter-value or ‘anti-city’ approaches.


Author(s):  
Edward McWhinney

My retrospective study, published in the twenty-fifth anniversary volume of this Yearbook, attempted a critical survey of post-war Soviet general theory of international law, and noted the signs of an intellectual changing of the guard and the emergence of a new generation of Soviet international legal theorists. Is it possible today to speak of a post-war U.S. general theory of international law, and, if so, can we speak of a generational change, in the late 1980's, similar to that in the Soviet Union?


Author(s):  
Hafner Gerhard

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.


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