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Kellogg Briand Pact - Wikipedia,
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Kellogg Briand Pact
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TheKellogg Briand Pact(officially thePact of Paris) was a 1928 international agreement in which signatory states promised not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them".[1]Parties failing to abide by this promise "should be denied the benefits furnished by this treaty". It was signed byGermany,Franceand theUnited Stateson August 27, 1928, and by most other nations soon after. Sponsored by France and the U.S., the Pact renounced the use of war and called for the peaceful settlement of disputes. Similar provisions were incorporated into the UN Charter and other treaties and it became a stepping stone to a more activist American policy.[2]It is named after its authors: United States Secretary of StateFrank B. Kelloggand French foreign ministerAristide Briand.
[edit] Signatories and adherents
Dark green: original signatories
Green: subsequent adherents
Light blue: territories of parties
Dark blue:League of Nations mandatesadministered by parties
After negotiations, the pact was signed inParisat theFrench Foreign Ministryby the representatives fromAustralia,Belgium,Canada,Czechoslovakia, France, Germany,British India, theIrish Free State,Italy,Japan,New Zealand,Poland,South Africa, theUnited Kingdom[3][4]and the United States. It was provided that it would come into effect on July 24, 1929. By that date, the following nations had deposited instruments of definitive adherence to the pact:Afghanistan,Albania,Austria,Bulgaria,China,Cuba,Denmark,Dominican Republic,Egypt,Estonia,Ethiopia,Finland,Guatemala,Hungary,Iceland,Latvia,Liberia,Lithuania, theNetherlands,Nicaragua,Norway,Panama,Peru,Portugal,Romania, theSoviet Union, theKingdom of the Serbs, Croats, and Slovenes,Siam,Spain,Sweden, andTurkey. Eight further states joined after that date:Persia,Greece,Honduras,Chile,Luxembourg,Danzig,Costa RicaandVenezuela.[5] In the United States, theSenateapproved the treaty overwhelmingly, 85 1, with only Wisconsin RepublicanJohn J. Blainev
oting against.[6]While the U.S. Senate did not add anyreservationto the treaty, it did pass a measure "interpreting" the treaty which included the statement that the treaty must not infringe upon America's right ofself defenseand that the United States was not obliged to enforce the treaty by taking action against those who violated it.
[edit] Effect and legacy
The 1928 Kellogg Briand Pact was concluded outside theLeague of Nations, and remains a binding treaty underinternational law. One month following its conclusion, a similar agreement,General Act for the Pacific Settlement of International Disputes, was concluded in Geneva, which obliged its signatory parties to establishconciliation commissionsin any case of dispute.[7] As a practical matter, the Kellogg Briand Pact did not live up to its aim of ending war, and in this sense it made no immediate contribution to international peace and proved to be ineffective in the years to come. Moreover, the pact erased the legal distinction between war and peace since the signatories, having renounced the use of war began to wage wars without declaring them as evidenced by the U.S. intervention in Central America, theJapanese invasion of Manchuriain 1931, theItalian invasion of Abyssiniain 1935, theSoviet invasion of Finlandin 1939, and theGerman and Soviet Union invasions of Poland.[8]Neverthele
ss, the pact is an importantmultilateral treatybecause, in addition to binding the particular nations that signed it, it has also served as one of the legal bases establishing the international norms that the threat[9]or use of military force in contravention of international law, as well as the territorial acquisitions resulting from it,[10]are unlawful. Notably, the pact served as the legal basis for the creation of the notion ofcrime against peace it was for committing this crime that theNuremberg Tribunalsentenced a number of people responsible for startingWorld War II. The interdiction of aggressive war was confirmed and broadened by theUnited Nations Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." One legal consequence of this is
that it is clearly unlawful to annex territory by force. However, neither this, nor the original treaty have prevented the subsequent use ofannexation. More broadly, there is a strong presumption against the legality of using, or threatening, military force against another country. Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.
[edit] References
^ Kellogg-Briand Pact 1928,Yale University,http://www.yale.edu/lawweb/avalon/imt/kbpact.htm.
^ Harold Josephson, "Outlawing War: Internationalism and the Pact of Paris,"Diplomatic History(1979) 3#4 pp 377-390.
^ Kellogg Briand, What do they know,http://www.whatdotheyknow.com/request/31317/response/93990/attach/html/3/MOP%205312%2010%20BOvens%20Kellogg%20Briand.doc.html.
^ Treaties record, UK: FCO,http://www.fco.gov.uk/en/treaties/treaties-landing/records/01800/01829.
^ Kellogg-Briand Pact 1928,Yale University,http://www.yale.edu/lawweb/avalon/imt/kbpact.htm.
^ "John James Blaine".Dictionary of Wisconsin History. Accessed Nov. 11, 2008.
^ Text inLeague of Nations Treaty Series, vol. 93, pp. 344 363.
^ Quigley, Carroll (1966).Tragedy And Hope. New York: Macmillan. pp. 294 295.http://books.google.com.au/books?id=KQZxAAAAIAAJ&q=tragedy+and+hope&dq=tragedy+and+hope&source=bl&ots=P_gzrcBmBo&sig=Gu10fgXcvQfR8Vu9g08OFAOL1g8&hl=en&sa=X&ei=dxcqULCoC4H-mAWf_4HwBg&ved=0CDkQ6AEwAQ.
^ Article 2,Budapest Articles of Interpretation(see under footnotes), 1934
^ Article 5,Budapest Articles of Interpretation(see under footnotes), 1934
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the U.N.
Retrieved from "http://en.wikipedia.org/w/index.php?title=Kellogg Briand_Pact&oldid=537727515"
Categories:
Treaties concluded in 1928
Treaties entered into force in 1929
Peace treaties of the United States
Treaties of the United States
Laws of war
Nuremberg Trials
History of the United States (1918 1945)
Crime of aggression
Interwar treaties
Presidency of Calvin Coolidge
Kellogg Briand Pact - Wikipedia,
http://p217.pctrans.mobile.yahoo-net.jp/fweb/0120EFGMlyDHbu8H/3X?_jig_=http%3A%2F%2Fen.wikipedia.org%2Fwiki%2FKellogg%25E2%2580%2593Briand_Pact&_jig_source_=srch&_jig_keyword_=Google&_jig_xargs_=R&_jig_done_=http%3A%2F%2Fsearch.mobile.yahoo.co.jp%2Fp%2Fsearch%2Fonesearch%3Ffr%3Dm_top_y%26p%3DGoogle&guid=on
Kellogg Briand Pact
From Wikipedia, the free encyclopedia
Jump to:navigation,search
TheKellogg Briand Pact(officially thePact of Paris) was a 1928 international agreement in which signatory states promised not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them".[1]Parties failing to abide by this promise "should be denied the benefits furnished by this treaty". It was signed byGermany,Franceand theUnited Stateson August 27, 1928, and by most other nations soon after. Sponsored by France and the U.S., the Pact renounced the use of war and called for the peaceful settlement of disputes. Similar provisions were incorporated into the UN Charter and other treaties and it became a stepping stone to a more activist American policy.[2]It is named after its authors: United States Secretary of StateFrank B. Kelloggand French foreign ministerAristide Briand.
[edit] Signatories and adherents
Dark green: original signatories
Green: subsequent adherents
Light blue: territories of parties
Dark blue:League of Nations mandatesadministered by parties
After negotiations, the pact was signed inParisat theFrench Foreign Ministryby the representatives fromAustralia,Belgium,Canada,Czechoslovakia, France, Germany,British India, theIrish Free State,Italy,Japan,New Zealand,Poland,South Africa, theUnited Kingdom[3][4]and the United States. It was provided that it would come into effect on July 24, 1929. By that date, the following nations had deposited instruments of definitive adherence to the pact:Afghanistan,Albania,Austria,Bulgaria,China,Cuba,Denmark,Dominican Republic,Egypt,Estonia,Ethiopia,Finland,Guatemala,Hungary,Iceland,Latvia,Liberia,Lithuania, theNetherlands,Nicaragua,Norway,Panama,Peru,Portugal,Romania, theSoviet Union, theKingdom of the Serbs, Croats, and Slovenes,Siam,Spain,Sweden, andTurkey. Eight further states joined after that date:Persia,Greece,Honduras,Chile,Luxembourg,Danzig,Costa RicaandVenezuela.[5] In the United States, theSenateapproved the treaty overwhelmingly, 85 1, with only Wisconsin RepublicanJohn J. Blainev
oting against.[6]While the U.S. Senate did not add anyreservationto the treaty, it did pass a measure "interpreting" the treaty which included the statement that the treaty must not infringe upon America's right ofself defenseand that the United States was not obliged to enforce the treaty by taking action against those who violated it.
[edit] Effect and legacy
The 1928 Kellogg Briand Pact was concluded outside theLeague of Nations, and remains a binding treaty underinternational law. One month following its conclusion, a similar agreement,General Act for the Pacific Settlement of International Disputes, was concluded in Geneva, which obliged its signatory parties to establishconciliation commissionsin any case of dispute.[7] As a practical matter, the Kellogg Briand Pact did not live up to its aim of ending war, and in this sense it made no immediate contribution to international peace and proved to be ineffective in the years to come. Moreover, the pact erased the legal distinction between war and peace since the signatories, having renounced the use of war began to wage wars without declaring them as evidenced by the U.S. intervention in Central America, theJapanese invasion of Manchuriain 1931, theItalian invasion of Abyssiniain 1935, theSoviet invasion of Finlandin 1939, and theGerman and Soviet Union invasions of Poland.[8]Neverthele
ss, the pact is an importantmultilateral treatybecause, in addition to binding the particular nations that signed it, it has also served as one of the legal bases establishing the international norms that the threat[9]or use of military force in contravention of international law, as well as the territorial acquisitions resulting from it,[10]are unlawful. Notably, the pact served as the legal basis for the creation of the notion ofcrime against peace it was for committing this crime that theNuremberg Tribunalsentenced a number of people responsible for startingWorld War II. The interdiction of aggressive war was confirmed and broadened by theUnited Nations Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." One legal consequence of this is
that it is clearly unlawful to annex territory by force. However, neither this, nor the original treaty have prevented the subsequent use ofannexation. More broadly, there is a strong presumption against the legality of using, or threatening, military force against another country. Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.
[edit] References
^ Kellogg-Briand Pact 1928,Yale University,http://www.yale.edu/lawweb/avalon/imt/kbpact.htm.
^ Harold Josephson, "Outlawing War: Internationalism and the Pact of Paris,"Diplomatic History(1979) 3#4 pp 377-390.
^ Kellogg Briand, What do they know,http://www.whatdotheyknow.com/request/31317/response/93990/attach/html/3/MOP%205312%2010%20BOvens%20Kellogg%20Briand.doc.html.
^ Treaties record, UK: FCO,http://www.fco.gov.uk/en/treaties/treaties-landing/records/01800/01829.
^ Kellogg-Briand Pact 1928,Yale University,http://www.yale.edu/lawweb/avalon/imt/kbpact.htm.
^ "John James Blaine".Dictionary of Wisconsin History. Accessed Nov. 11, 2008.
^ Text inLeague of Nations Treaty Series, vol. 93, pp. 344 363.
^ Quigley, Carroll (1966).Tragedy And Hope. New York: Macmillan. pp. 294 295.http://books.google.com.au/books?id=KQZxAAAAIAAJ&q=tragedy+and+hope&dq=tragedy+and+hope&source=bl&ots=P_gzrcBmBo&sig=Gu10fgXcvQfR8Vu9g08OFAOL1g8&hl=en&sa=X&ei=dxcqULCoC4H-mAWf_4HwBg&ved=0CDkQ6AEwAQ.
^ Article 2,Budapest Articles of Interpretation(see under footnotes), 1934
^ Article 5,Budapest Articles of Interpretation(see under footnotes), 1934
All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the U.N.
Retrieved from "http://en.wikipedia.org/w/index.php?title=Kellogg Briand_Pact&oldid=537727515"
Categories:
Treaties concluded in 1928
Treaties entered into force in 1929
Peace treaties of the United States
Treaties of the United States
Laws of war
Nuremberg Trials
History of the United States (1918 1945)
Crime of aggression
Interwar treaties
Presidency of Calvin Coolidge
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