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NAVAL WAR COLLEGE
NEWPORT, RHODE ISLAND

INTERNATIONAL LAW

STUDIES

COLLECTIVE SECURITY UNDER
INTERNATIONAL LAW

by
Hans Kelsen

1954

(1956)
NAVPERS 15031

Volume XLIX

UNITED STATES
GOVERNMENT PRINTING OFFICE

WASHINGTON : 1957

For sale by the Superintendent of Documonts, U. S. Government Printing Offico

Washington 25, D. C. • Price $1.75

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

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.

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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.

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