Chapter

Problems of Transition: The Legal Régime in the Period 1920 to 1930

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0011
Problems of Transition: The Legal Régime in the Period 1920 to 1930

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This chapter provides a discussion of some key problems of transition in the legal régime after 1920. It begins with an explanation of the Covenant of the League of Nations, the Kellogg—Briand Pact, and problems of transition. The legal régime of reprisals was associated with a vague and comprehensive concept of international delinquency. The state practice of the period 1920 to 1930 considers force to be lawful in five situations, namely treaties creating a casus belli in advance, use of force as a consequence of ‘provocation’, action taken by virtue of Article 16 of the Covenant, action in collective defence, and force justified by the right of legitimate defence.

Keywords: international delinquency; transition; casus belli; League of Nations; state practice; provocation; legitimate defence

Chapter.  7502 words. 

Subjects: Public International Law

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