Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-27T15:54:47.369Z Has data issue: false hasContentIssue false
  • English
  • Français

Should International Law Recognize an Intermediate Status between Peace and War?

Published online by Cambridge University Press:  30 March 2017

Philip C. Jessup
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Editorial Comment
Information
American Journal of International Law , Volume 48 , Issue 1 , January 1954 , pp. 98 - 103
Copyright
Copyright © American Society of International Law 1954

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 [1894] 1 Q.B. 149.

2 26 Department of State Bulletin (1952) 984. Cf. this Journal, Vol. 57 (1953), p. 93.

3 See Eagleton, “The Attempt to Define War,” International Conciliation, No. 291 (1933); Grob, The Relativity of War and Peace (1949). The writer has drawn largely on these two studies.

4 L.B. [1902] A.C. 484.

5 See Tinch, “Quasi-War Between Japan and the U.S.S.B., 1937–1939,” World Politics, Vol; III (1951), p. 174.

6 See the references collected in Briggs, The Law of Nations (2d ed., 1952), p. 975. It is interesting to compare the increasing emphasis on intent in the matter of recognition; cf. id., pp. 126–127.

7 The writer has developed these ideas somewhat more fully in a lecture at the University of Oslo published in 23 Nordisk Tidsskrift for international Ret (1953) 16.

8 Cf. Nussbaum, A Concise History of the Law of Nations (1947), pp. 26–27; and “Forms and Observances of Treaties in the Middle Ages and Early 16th Century,” in Law and Politics in the World Community (1954), p. 195.

9 In a Foreword to Grob, op. cit. (note 3), at p. x.

1 Duncan Hall, H., Mandates, Dependencies and Trusteeships (Washington, 1948), p. 273 Google Scholar.

2 The Charter, as an international treaty, is not binding on non-Members. Portugal and Spain, have, therefore, no obligation under Chapter XI with regard to their colonies.

3 Kelsen, Hans, The Law of the United Nations (London, 1950), p. 553 Google Scholar.

4 Goodrich and Hambro, Charter of the United Nations (2nd ed., Boston, 1949), p. 406 Google Scholar.

5 Ross, Alf, Constitution of the United Nations (New York, 1950), p. 186 Google Scholar.