Chapter

The Legal Significance of the State of War In the Period Since 1920 and the Problem of Defining War

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/9780198251583.003.0023
The Legal Significance of the State of War In the Period Since 1920 and the Problem of Defining War

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This chapter describes the modern legal significance of the ‘state of war’ doctrine in tne period since 1920. It also evaluates the practice of states in the matter of determining the existence of war. It begins with a discussion on this doctrine in the period of the League and the United Nations. The recent examples of hostilities or hostile relations not characterized as war by the parties concerned are explored. Recent data exhibits that what has been called the state of war doctrine is still a feature of international relations although it is no longer prevalent. It is also noted that there is now more readiness on the part of writers and governments to distinguish between questions as to the content of legal relations between particular states and questions of general international law.

Keywords: war; states; League of Nations; United Nations; state of war doctrine

Chapter.  9957 words. 

Subjects: Public International Law

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