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Washington 25, D. C. Price $1.75

1295 .15 v.49

FOREWORD

The following study is an attempt to present a theory of collective security from a legal point of view. Its main purpose is to show that collective security is an essential function of law, national as well as international, and that, therefore, there exists an intrinsic connection between international security and international law; in other terms, that collective security of the state within the international community is, just as collective security of the individual within the state, by its very nature a legal problem.

The study does not intend to describe the historical development of collective security as a problem of international organization; it is restricted to its systematic analysis. Consequently, the material of positive international law referred to in the text and especially in the notes does not lay claim to completeness; but is to be considered as a selection of characteristic patterns illustrating the most important statements.

HANS KELSEN. Berkeley, Calif.

II

UNITED STATES OF AMERICA

PREFACE

The publication of this series was inaugurated by the Naval War College in 1894. This is the forty-ninth volume in the series as numbered for index purposes. This title has varied slightly from year to year. The preceding volume, International Law Documents, 1952–53, was published in 1954.

The present volume inaugurates a new form for this series. In 1953 a Chair of International Law was established at the Naval War College. One of the duties of the occupant of this Chair is the preparation of a study on a phase of International Law that is of special interest to the U. S. Navy. This. volume on the legal theory of collective security, the first of a series sponsored! by the Naval War College, was prepared by Dr. Hans Kelsen, the 1953–54: occupant of the Naval War College Chair of International Law.

The many significant events in this era of rapid change in world conditions have prompted the author to insert much new material into this volume before its final release. Thus, although for continuity purposes this volume is entitled International Law Studies, 1954, some of the material and notes contained herein represent the views of the author as of about October 1, 1956.

The opinions expressed in this volume are not necessarily those of the U. S. Navy or the Naval War College.

THOMAS H. ROBBINS, JR.,
Rear Admiral, United States Navy,

President, Naval War College.

NEWPORT, 1 December 1956.

TABLE OF CONTENTS

Page

I. THE CONCEPT OF COLLECTIVE SECURITY.

1. Individual and Collective Security.

2. Security and Law.....

II. THE DIFFERENT DEGREES OF COLLECTIVE SECURITY.

1. The Scope of Protected Interests...

2. The Centralization of the Procedure for the Ascertainment of a

Delict (i. e., an Illegal Use of Force) and for Determining the

Party Responsible for It......

3. The Prevention of the Illegal Use of Force by the Peaceful

Settlement of Conflicts........

4. Legal (Justiciable) and Political (Non-justiciable) Conflicts

(Disputes)....

5. Removal of the Causes of the Illegal Use of Force.

6. The Centralization of the Use of Force as a Sanction..

7. Self-Defense.

8. The Centralization of the Law-Creating Function (the Peaceful

Change of Established Legal Relations).....

9. Universal and Regional Security Organizations.

III. INTERNATIONAL SECURITY....

1. Collective Security under General International Law.

(a) The bellum justum principle.

(b) Alliances and the balance of power..

(c) The opposition to international security..

2. Collective Security under Particular International Law.

(a) Defining the use of force to be prohibited.

(b) The problem of aggression.

(aa) The military concept of aggression and the legal

concept..

(bb) Aggression and self-defense as a restriction of the

prohibition of the use of armed force.....

(cc) Other exceptions to the prohibition of the use of

armed force.

(dd) Aggression as conduct not including the use of

armed force; indirect aggression..

(ee) The definition of aggression...

(ff) The attempt to eliminate the problem of aggression..

(gg) Is the concept of aggression not susceptible to def-

inition?......

(hh) The two methods of defining aggression..

(ii) The arguments against a pre-established definition of

aggression....

(jj) Is aggression a political concept and not a legal one?..

(kk) General or enumerative definition of aggression....

(11) The difficulties in defining aggression and in de-

termining the aggressor..

(mm) The problem of provocation..

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