Theory of International Law

G. I. Tunkin

Published by Harvard University Press 1974

Theory of International Law

G. I. Tunkin
With contributions by: William E. Butler
Translated by: William E. Butler

https://doi.org/10.4159/harvard.9780674434165

Overview
Contents

About this book

The 1970s promised important readjustments in relations among the great powers, perhaps a reconstituted Europe and Asia, as well as a possible new role for "third world" countries. National attitudes toward the law of nations both shaped and reflected developments of this nature. As a great power, the Soviet Union was a principal actor in what transpired, but until now there has been no systematic exposition in the English language of how Soviet jurists regarded the world legal order.

The present volume, published in Moscow in 1970, is the most profound and comprehensive study of international legal theory yet produced by a Soviet jurist. Its author, who holds the Chair of International Law at Moscow State University and for many years was the legal adviser to the USSR Ministry of Foreign Affairs, is widely credited with elaborating the juridical underpinnings of peaceful coexistence in the USSR from the mid-1950s. This book, earlier versions of which have appeared in Eastern and Western Europe, contains the fullest statement of his views.

Tunkin traces the development and shaping of international law since 1917, the processes of forming and modifying international legal rules, and the nature of state responsibility under the law of nations. Of special interest to the general reader and specialist in international affairs will be Tunkin's extensive discussion of the interaction among international law, foreign policy, and diplomacy; of the legal nature of international organizations; of the principal factors at work in international politics; and of the nature of legal ties among socialist countries. The latter has been a special concern following the Czechoslovak events of 1968 and the adoption of a comprehensive program for economic integration among socialist states.

For this American edition, Tunkin has brought his book up to date and Dr. Butler has supplied an introduction, a translation note, a list of the author's publications, and a glossary of Russian international legal terms.

Reviews

This is a major work on the theory of international law--the first such ever to be published by a Soviet writer. The author is not only a scholar of world-wide reputation but also has had enormous practical experience as legal adviser of the Soviet Ministry of Foreign Affairs. His main theme is that international law can play an important creative role in strengthening peaceful international relations. His polemics in favor of Soviet foreign policy--including the occupation of Hungary in 1956 and of Czechoslovakia in 1968--may be a necessary price to pay for the more fundamental task of the book, which is to show that Marxist-Leninist theory supports a view of international law as a dynamic process of reaching agreement among conflicting sovereign states. Dr. Butler and the Harvard University Press are to be congratulated for bringing this translation to the English-reading public.

Topics

Frontmatter Publicly Available Download PDF	i
Acknowledgments Requires Authentication Unlicensed Licensed Download PDF	v
Contents Publicly Available Download PDF	vii
Introduction William E. Butler Requires Authentication Unlicensed Licensed Download PDF	xiii
Translation Note Requires Authentication Unlicensed Licensed Download PDF	xxiii
Part I. The Development of International Law Since the Great October Socialist Revolution
Chapter 1. The International Legal Ideas of the October Revolution and the Making of Contemporary International Law Requires Authentication Unlicensed Licensed Download PDF	3
Chapter 2. Peaceful Coexistence and General International Law. The Influence of the Breakup of the Colonial System Requires Authentication Unlicensed Licensed Download PDF	21
Chapter 3. Modification of the Fundamental Principles of International Law During the Period of Coexistence of the Two Systems Requires Authentication Unlicensed Licensed Download PDF	49
Part II. The Process of Forming Norms of Contemporary General International Law
Chapter 4. The Basic Processes of Forming Norms of International Law Requires Authentication Unlicensed Licensed Download PDF	91
Chapter 5. Subsidiary Processes of Forming Norms of International Law Requires Authentication Unlicensed Licensed Download PDF	161
Chapter 6. Doctrine and the Opinions of Social Organizations Requires Authentication Unlicensed Licensed Download PDF	186
Chapter 7. The Problem of “General Principles of Law” Requires Authentication Unlicensed Licensed Download PDF	190
Part III. The Legal Nature and Essence of Contemporary General International Law
Chapter 8. The Legal Nature of Agreement as the Mode of Creating Norms of International Law Requires Authentication Unlicensed Licensed Download PDF	207
Chapter 9. The Character and Essence of Contemporary General International Law Requires Authentication Unlicensed Licensed Download PDF	225
Part IV. International Law, Foreign Policy, and Diplomacy
Chapter 10. The Influence of Foreign Policy and Diplomacy Upon the Development of International Law Requires Authentication Unlicensed Licensed Download PDF	273
Chapter 11. The Influence of International Law on Foreign Policy and Diplomacy Requires Authentication Unlicensed Licensed Download PDF	279
Chapter 12. International Law as a Support for Foreign Policy Requires Authentication Unlicensed Licensed Download PDF	293
Part V. The Legal Nature of Contemporary General International Organizations
Chapter 13. The Laws of Societal Development and International Organizations Requires Authentication Unlicensed Licensed Download PDF	305
Chapter 14. The Basic Features of the Legal Nature of General International Organizations. The Charter as the Basis of an Organization's Activity Requires Authentication Unlicensed Licensed Download PDF	322
Chapter 15 The Basic Features of the Legal Nature of Contemporary General International Organizations (continued) Requires Authentication Unlicensed Licensed Download PDF	344
Chapter 16. The Problem of a World State and Prospects for the Development of International Organizations Requires Authentication Unlicensed Licensed Download PDF	366
Part VI. The General Character and Forms of State Responsibility Under International Law
Chapter 17. The Character of State Responsibility Under International Law Before the Great October Socialist Revolution Requires Authentication Unlicensed Licensed Download PDF	385
Chapter 18. State Responsibility Under Contemporary International Law Requires Authentication Unlicensed Licensed Download PDF	396
Part VII. International Law in Relations Between the Countries of the World System of Socialism
Chapter 19. Socialist International Legal Principles and Norms Requires Authentication Unlicensed Licensed Download PDF	431
Chapter 20. Principles and Norms of General International Law in Relations Between States of the World Socialist System Requires Authentication Unlicensed Licensed Download PDF	444
Bibliography of Published Works of G. I. Tunkin: 1938–1973 Requires Authentication Unlicensed Licensed Download PDF	449
Glossary of International Legal Terms Requires Authentication Unlicensed Licensed Download PDF	467
Table of Treaties and of United Nations General Assembly Resolutions Requires Authentication Unlicensed Licensed Download PDF	473
Index Requires Authentication Unlicensed Licensed Download PDF	485

(Deutsch)

Language: English
Publisher: Harvard University Press
Copyright year: 1974
Edition: Reprint 2014
Audience: Professional and scholarly;
Pages
- Front matter: 25
- Main content: 497
Keywords: International law -- Philosophy.; POLITICAL SCIENCE / General

eBook

Published: October 1, 2013
ISBN: 9780674434165

Hardcover

Published: February 5, 1974
ISBN: 9780674434158