Chapter

The Right of Legitimate Defence. Doctrine and State Practice in the Period 1920 to 1939

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/9780198251583.003.0012
The Right of Legitimate Defence. Doctrine and State Practice in the Period 1920 to 1939

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This chapter discusses some key problems of the interpretation of reservations as to self-defence in the Kellogg—Briand Pact. It begins by explaining the doctrine and state practice of the period 1920 to 1929. A condition precedent for the signing of the Kellogg—Briand Pact was agreement by the interested states on reservation of the right of legitimate defence. The scope of the Reservation of the Right of Legitimate Defence is also given. It is noted that this must be understood in the sense of the customary law. The British reservation gave a particular content to the right of self-defence. It also describes the state practice and doctrine in the period 1930 to 1939.

Keywords: legitimate defence; condition precedent; doctrine; state practice; British reservation; customary law

Chapter.  10045 words. 

Subjects: Public International Law

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