Book Reviews : War or Peace. By JOHN FOSTER DULLES. (New York: The Macmillan Company. 1950. Pp. 266. $2.00 [cloth], $1.00 [paper].)
Published date | 01 September 1951 |
DOI | 10.1177/106591295100400308 |
Author | Charles Schleicher |
Date | 01 September 1951 |
Subject Matter | Articles |
490
There are other points where this writer strongly disagrees. It is not
correct to state, as does the author, that the Nuremberg Charter has, in
several points, &dquo;changed international law.&dquo; The Charter neither was nor
is general international law, and, up to now, is not even United Nations
law; it is strictly very particular international law, a lex specialis ad hoc
and ex post facto against a named group of individuals in the service
of a conquered enemy.
Unacceptable is the author’s distinction between &dquo;integral&dquo; and
&dquo;discriminatory&dquo; neutrality; the latter is wholly unknown to general inter-
national law. &dquo;Non-belligerency&dquo; is not a legal, but a purely political con-
cept. The author errs when he states that this concept and its practice
were invented by the United States. They were invented by Mussolini,
and also practiced by Franco-Spain.
Having made these criticisms, the reviewer hastens to add that the
’
overwhelming part of this volume is excellent. The author gives a valua-
ble, detailed investigation of the problem of international delinquency
and of peaceful procedures of the settlement of international conflicts.
Latest developments and new problems are everywhere carefully investi-
gated. The author also makes, practically for the first time in a recent
treatise on international law, a detailed investigation of the unduly neg-
lected laws of war and neutrality. The experience of World War II is
fully utilized; the enormously important state practice of Switzerland in
this field is analyzed in great detail; the new Geneva Conventions of
1949 are fully worked in.
As a whole, this now happily concluded treatise on international
law is a very personal and highly valuable contribution, and a truly mod-
ern treatise. The reviewer takes particular pleasure in congratulating Pro-
fessor Guggenheim on a great and difficult task, so well done.
JOSEF L. KUNZ.
University of Toledo.
War or Peace. By JOHN FOSTER DULLES....
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