RENAISSANCE UNIVERSITY ,UGBAWKA ENUGU

STATE.

NAME: NWADIKE OBINNA CHARLES

REG NO: RNU/LAW2019/0014

COURSE TITLE: JURISPRUDENCE 1

COURSE CODE : LAW 5 1

LECTURER: PROF. MUZAN

Question:An explanation of the idea of right from the veiw point of Hohfeld

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 TABLE OF CONTENT

Title page

Table of content

Abstract

CHAPTER 1

Introduction……………………………………………………………1

Definition……………………………………………………………....2

Classification…………………………………………………………...3

CHAPTER 2

Origin of Human right…………………………………………………10

The development of Modern Human Right…………………………….11

CHAPTER 3

The idea of right from the various point of Hohfeld……………………13

Jural Relations…………………………………………………………..14

Privileges & Rights……………………………………………………..15

Immunity & disability…………………………………………………..16

Criticism of Hohfeld’s theory of rights………………………………….17

The requirement of two people for Hohfeldian analysis of rights………18

Hohfelds primary correlativity claim…………………………………18

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CONCLUSION

ABSTRACT

The assignment both explicates and evaluate the Hohfeldian analysis of legal rights
particularly insofar as that analysis is extended to embrace moral rights as well as
legal rights. Hohfeld is seen as distinguishing rights to do things (liberties and
privileges ) from rights to have things done for or to one ( claim rights). Only the
second have correlative duties, the first having as its correlative only the absence of
a right that the actor not do that which he has a privilege to do. Hohfeld’s analysis is
seen to understate the importance of rights for moral theory in two ways : as to liberty
rights, there Is no sphere of freedom of action that it Is the correlative duty of others
to respect; and as to claim rights, these appear to be no more than reflex of a more
basic, correlative duty. This assignment seeks to reinvigorate the role of rights in
moral theory first, by substituting a more robust notion of liberty rights in
replacement of Hohfeld’s notion, and second , by showing that his analysis of claim
rights, properly understood, does not make rights and mere reflex of more basic ,
correlative duties.

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Introductions
Belgium pledged to treat as inviolable. As signatories of the agreement, Britain and
Italy committed themselves to help to repel any armed aggression across the
frontier. The Rhineland, a part of western Germany occupied by the victorious
Allied Powers after World War I, was permanently demilitarized and occupying
forces withdrawn. The agreement was to come into force only when Germany was
admitted to the League of Nations with a seat on the Council, which occurred in
1926. Locarno marked the end of the war period and the beginning of a hopeful
new era of peace and cooperation in Europe, but one that did not survive the
economic and political crisis of the 1930s. In 1936, Adolf Hitler denounced the
Locarno Pact and sent German troops back into the Rhineland. The document
shown here is in the archives of the League of Nations, which were transferred to
the United Nations in 1946 and are housed at the UN office in Geneva. They were
inscribed on the UNESCO Memory of the World register in 2010.

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Pact of Locarno, (Dec. 1, 1925), series of agreements whereby Germany, France,
Belgium, Great Britain, and Italy mutually guaranteed peace in western Europe.
The treaties were initialed at Locarno, Switz., on October 16 and signed in London
on December 1.The agreements consisted of (1) a treaty of mutual guarantee
between Germany, Belgium, France, Great Britain, and Italy; (2) arbitration
treaties between Germany and Belgium and between Germany and France; (3) a
note from the former Allies to Germany explaining the use of sanctions against a
covenant-breaking state as outlined in article 16 of the League of Nations
Covenant; (4) arbitration treaties between Germany and Czechoslovakia and

1 Pact of Locarno (european history) The editors of Encyclopedia Britannica

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between Germany and Poland; and (5) treaties of guarantee between France and
Poland and between France and Czechoslovakia.

The treaty of mutual guarantee provided that the German-Belgian and Franco-
German frontiers as fixed by the Treaty of Versailles were inviolable; that
Germany, Belgium, and France would never attack each other except in “legitimate
defense” or in consequence of a League of Nations obligation; that they would
settle their disputes by pacific means; and that in case of an alleged breach of these
undertakings, the signatories would come to the defense of the party adjudged by
the League to be the party attacked and also in case of a “flagrant violation.” The
treaties of guarantee between France and Poland or Czechoslovakia provided for
mutual support against unprovoked attack. A further consequence of the pact was
the evacuation of Allied troops from the Rhineland in 1930, five years ahead of
schedule.The clear meaning of Locarno was that Germany renounced the use of
force to change its western frontiers but agreed only to arbitration as regards its
eastern frontiers, and that Great Britain promised to defend Belgium and France
but not Poland and Czechoslovakia.In March 1936 Germany sent troops into the
Rhineland, which had been demilitarized by the Treaty of Versailles, declaring that
the situation envisaged at Locarno had been changed by the Franco-Soviet alliance
of 1935. France regarded the German move as a “flagrant violation” of Locarno,
but Great Britain declined to do so, and no action was taken. Germany made no
effort to arbitrate its dispute with Czechoslovakia in 1938 or with Poland in 1939.

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DEFINITION

2
The Locarno Pact, or the Treaties of Locarno, were a series of treaties negotiated
in October 1925 in the lakeside resort of Locarno, Switzerland, and signed on
December 1, 1925, in the Foreign Office in London.

Although not as well-known as the Treaty of Versailles (1919) or the

MolotovRibbentrop Pact (1939), the Locarno Pact was a moment of hope and
promise in the interwar years that was called “the Spirit of Locarno.” The Pact led
to Germany accepting the terms of the Versailles Treaty and the boundaries
established between France and Germany. As noted diplomatic historian A.J.P.
Taylor wrote in The Origins of the Second World War (1961): “Its signature ended
the first World War; its repudiation eleven years later marked the prelude to the
Second.”¹

The years following the signing of the Treaty of Versailles were a time of struggle
to reestablish relations between Britain, France, and a reduced and humbled
Germany. Making the situation particularly challenging was the fact that French
troops occupied German cities in the Rhine Valley as Germany attempted to pay
the “war indemnities” imposed by Versailles. In a moment of good fortune, from
each of these countries emerged the three respective foreign ministers who were
able to negotiate a series of eight treaties, the most prominent being “The
Rhineland Pact,” as it came to be popularly known.

2 The spirit of locarno The National WWII museum New Orleans

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Aims of the pact ;

3
The Locarno Pact of 1925 was an agreement signed on 1st December 1925
between Britain, France, Belgium, Italy and Germany. Stresemann believed that
through signing the Pact, it would increase confidence in Germany amongst her
own people but also other European powers.

The Locarno Pact had three main aims:

1) .To secure borders of the nations of Europe after the First World War.
Germany agreed to the border with France, and as a result France agreed that they
would be in a state of peace with Germany.

2).To ensure the permanent demilitarisation of the Rhineland. This was a key
condition argued for by France. France had been invaded several times in the
previous century by Germany, so France was understandably weary about German
military force.

3).To begin negotiations to allow Germany into the League of Nations.

Stresemann signed the Pact as he believed it would make a military conflict in

Europe less likely. As a result of the work Stresemann had done for Germany in
developing her foreign relations, he was awarded the Nobel Peace Prize in 1926.

As well as personal glory for Stresemann, the signing of the Locarno Pact showed
that Germany was starting to be treated as an equal partner in foreign affairs. The
agreement was made with Germany and not forced upon it like the Treaty of

3 The locarno pact (1925) level : GSCE tutor2u.net

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Versailles. As a result, many moderate Germans had greater confidence in
Stresemann and the Weimar Republic.

However, extremist parties such as the Nazis and Communists still detested the
Republic and viewed the Locarno Pact as further betrayal of Germany as it
confirmed many of the points of the hated Treat of Versailles.

For the British government, the main goals were promoting Franco-German
reconciliation, and the expectation that reconciliation would lead to France
dissolving its Cordon sanitaire, as the French alliance system in Eastern Europe
was known between the wars.[3] If France were to dissolve its alliances in Eastern
Europe, Poland would peacefully hand over the territories ceded by Germany in
the Versailles Peace Treaty: the Polish Corridor, the Free City of Danzig (modern
Gdańsk, Poland) and Upper Silesia

Planning the treaty;

German foreign minister Gustav Stresemann made his highest priority the
restoration of German prestige and privileges as a leading European nation. Allied
withdrawal from the northern zone of the Occupation of the Rhineland was
originally scheduled for January 1925 in the Treaty of Versailles. However, France
and Britain, citing Germany's lack of compliance with the disarmament provisions
in the Treaty of Versailles, refused to withdraw in January 1925. Having realized
that France deeply desired a British guarantee of its postwar borders, but that
London was reluctant, Stresemann came up with a plan whereby all sides would
get what they wanted: through a series of treaties that promised these guarantees.
Upon hearing this proposal, British Foreign Minister Austen Chamberlain
enthusiastically agreed. France realized that its occupation of the Ruhr had caused

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much financial and diplomatic damage.4 The foreign ministers then convened in
the Swiss resort of Locarno in October 1925, where they came to an agreement on
the treaties.

The first treaty was the most critical: a mutual guarantee of the frontiers of
Belgium, France, and Germany, guaranteed by Britain and Italy. The second and
third treaties called for arbitration between Germany and Belgium, and Germany
and France, regarding future disputes. The fourth and fifth were similar arbitration
treaties between Germany and Poland, and Germany and Czechoslovakia. Poland
especially, and Czechoslovakia as well, felt threatened by the Locarno agreements
and these treaties were an attempt to reassure them. Thanks to the Dawes Plan,
Germany was now making regular reparations payments. The success of the
Locarno agreements led to the admission of Germany to the League of Nations in
September 1926, with a seat on its council as a permanent member.5

Parties and agreement

The principal treaty concluded at Locarno was the Rhineland Pact between
Germany, France, Belgium, the United Kingdom, and Italy. Germany formally
recognised its new western borders as established by the Treaty of Versailles.
Furthermore, the first three signatories undertook not to attack each other, with the
latter two acting as guarantors. In the event of aggression by any of the first three
states against another, all other parties were to assist the country under attack.6

4 History notes issue 3 Locarno 1925:the treaty , the spirit & the suite
5 Norman Rich, powers diplomancy since 1914 (2003) pp.148_49

6 Jon Jacobson Locarno diplomancy : Germany and the west; 1925_1929(2015)

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Germany also agreed to sign arbitration conventions with France and Belgium and
arbitration treaties with Poland and Czechoslovakia, undertaking to refer future
disputes to an arbitration tribunal or to the Permanent Court of International Justice.

France signed further treaties with Poland and Czechoslovakia, pledging mutual
assistance in the event of conflict with Germany. These essentially reaffirmed
existing treaties of alliance concluded by France with Poland on 19 February 1921
and with Czechoslovakia on 25 January 1924. These treaties also showed that
relations between France and Germany had not improved to a large extent.

Effect

The Locarno Treaties marked a dramatic improvement in the political climate of

western Europe in 1925–1930. They promoted expectations for continued peaceful
settlements, often called the "spirit of Locarno". This spirit was made concrete
when Germany joined the League in 1926, and the withdrawal of Allied troops
occupying Germany's Rhineland.7The Nobel Peace Prize was given to the lead
negotiators of the treaty, going to Chamberlain in 1925 and jointly to Aristide
Briand and Stresemann in 1926.

Historian Sally Marks says:

Henceforth the spirit of Locarno would reign, substituting conciliation for

enforcement as the basis for peace. Yet for some peace remained a desperate hope
rather than an actuality. A few men knew that the spirit of Locarno was a fragile
foundation on which to build a lasting peace.8

7 Strath BO (2016) Europes of peace : 1815, 1919, 1951

8 Sally marks (2003) The illusion of peace : international relations in Europe 1981_1933

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Hitler repudiated Locarno by sending troops into the demilitarized Rhineland on 7
March 1936.

In Poland, the public humiliation received by Polish diplomats was one of the
contributing factors to the fall of the Grabski cabinet. Locarno contributed to the
worsening of the atmosphere between Poland and France, weakening the
FrancoPolish alliance. Józef Beck ridiculed the treaties saying, "Germany was
officially asked to attack the east, in return for peace in the west."9 Józef Piłsudski
would say that "every honest Pole spits when he hears this word [Locarno]".10
Proposals in 1934 for an "eastern Locarno" pact securing Germany's eastern
frontiers foundered on German opposition and on Poland's insistence that its
eastern borders should be covered by a western guarantee of her borders. The
Locarno treaty was heavily undermined by the Franco-Soviet Treaty of Mutual
Assistance on 2 May 1935, which the German government claimed was a violation
of its "spirit".

9 Micheal Brecher (2016) The world of protracted conflicts

10 Pior Wandy , france & new esteem alies 1919_1925

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The Kellong _Briand Pact

HISTORY
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August 27, 2021 marks 93 years since the signing of the Kellogg-Briand Pact.
The United States and France drafted the treaty, officially known as the General
Treaty for Renunciation of War as an Instrument of National Policy, in the decade
following the end of World War I. This historic treaty pursued the lofty goal of
ending war. While the treaty was ultimately unsuccessful in eliminating war, it set
a global precedent for peace.

World War I Causes Global Devastation

However, these transformations came with the ultimate sacrifice — millions of

citizens and military personnel died during the conflict. In 1919, the victorious
Allies organized the Paris Peace Conference, which was World War I, also known
as the Great War, began in 1914 and came to an end in 1918. In that time, Europe
saw changes to national borders, advancements in military technology, and public
life after the decimation of towns and cities. called to establish the terms of peace.
The Paris Peace Conference culminated in five major treaties in addition to the
creation of the League of Nations. One treaty, The Treaty of Versailles, took aim at
Germany as the key belligerent during the war. Against the United States’ warnings
of caution, France and Great Britain spearheaded the terms of the treaty, aiming to
punish Germany for its role in the war. The Treaty of Versailles demanded
Germany disarm its army and navy, concede pre-war territory, and pay extensive
reparations.

11 The Kellogg_Briand

Pact: the aspiration for glo bal peace & security August 24,2021

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The Treaty of Versailles was not unique in its demands. All treaties resulting from
the Paris Peace Conference altered the political and geographical landscape of
Africa, Europe, and Southeast Asia. People living in these areas were denied the
opportunity for self-determination and were declared colonies of Great Britain,
France, or of another Allied nation. When these treaties were ratified, questions
were prompted about the future of global politics. Could peace prevail within the
new parameters?

France Proposes a Peace Pact to the United States

New peace treaties and different land and military concessions after the war
created an uncertain world. In Russia, Bolshevism and communism had taken root.
The new spread of communist ideologies frightened many Western nations, who
saw it as a threat to democratic ideals. Global and national economies were
depleted by the costly war. The League of Nations offered little stability, as it had
no internal leadership, therefore no international authority.

In light of the chaos and sheer loss of life during the war, French Minister of
Foreign Affairs Aristide Briand publicly proposed a peace pact to the United States.
In a letter to the Associated Press, Briand thanked the United States for its
assistance during the war and requested the U.S. government to join France in
“outlawing war.”

Briand understood that the United States government could not ignore a public call
for peace. The American public was angry that it was pulled into the European war,
for which they believed they had no valid stake. Moreover, American businesses
suffered during the conflict due to disruptions in trans-Atlantic supply chains.

Another war would certainly cause another popular despair and economic dilemma.

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While Americans would be keen to support such a proposal, it also served France.
About 1,700,000 French died during the war, depleting their military, economy,
and public morale. If another hostile power such as Germany were to rise again,
France would quickly be defeated.

A peace agreement between the longtime allies seemed obvious, but U.S. President
Calvin Coolidge and U.S. Secretary of State Frank B. Kellogg were hesitant.
Coolidge and Kellogg saw the proposal as a binding and unfavorable agreement
for the United States. Such a treaty would imply that the United States would be
required to intervene if France had any sort of military threat again.

Secretary Kellogg and a Treaty to Outlaw War Unwilling to put the United States
in a position where it may have to go to war to defend an ally, Kellogg responded
with an equally appealing counteroffer. He suggested an open invitation to all
countries to join the United States and France in a pact to outlaw war. Coolidge
and Kellogg knew it was impossible that all nations would agree and comply.
However, by opening the discussion to more voices, focus shifted away from the
United States specifically and broadened it to include all potential stakeholder
nations.

The agreement became known as the Kellogg-Briand Pact in recognition of its

primary creators and was signed in Paris, France, on August 27, 1928. The main
text has two articles:

Signatories shall renounce war as a national policy and;

Signatories shall settle disputes by peaceful means.

The broad terms allowed room for interpretation by signatories to still act in
selfdefense, abide by other post-war treaties, and pursue general military action.

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An initial 15 nations signed the treaty. The number of signatories eventually grew
to 47.

Kellogg-Briand Pact Signing Pen

This gold fountain pen was used by Secretary Kellogg and his 14 foreign
counterparts to sign the Pact in France in August 1928. It was also used by
President Coolidge to sign the Pact after its ratification as a treaty by the U.S.
Senate in January 1929. The ornate design includes an inscription in Latin: "Si Vis
Pacem Para Pacem" or, translated, "If You Want Peace Prepare for Peace."
Collection of the National Museum of American Diplomacy.

Putting the Kellogg-Briand Pact to the Test

The treaty was put to the test and failed in 1931 when Japan invaded Manchuria,
China. It became clear that the Kellogg-Briand Pact proved ineffective in
preventing war without enforcement and with undefined legal terms. World War II
began just 11 years after its signing.

The pact was not completely unsuccessful, however. It promoted and popularized
the idea that aggressive and preemptive military intervention and territory
accession were unfavorable, soon becoming the global standard. The ideas outlined
in the League of Nations and the Kellogg-Briand Pact were cemented in the
creation of the United Nations in 1945. Established to maintain international peace
and security and promote goodwill between nations, the UN was on stable ground
as an intergovernmental organization with an initial 51 member states, including
the United States.

The first example of decreased international acceptance of war for territory

accession was seen at the Tokyo Tribunal and Nuremberg Trials, where Japan and

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Germany were found guilty of waging aggressive wars and obstructing peace. A
more modern example is Iraq’s 1990 invasion of Kuwait. Saddam Hussein, then
Iraq’s president, invaded his smaller, oil-rich neighbor. The action drew
condemnation from the UN, NATO, and all major world powers, as it was deemed
a breach of international peace and security.The Kellogg-Briand Pact has become
viewed as a trial-and-error process in diplomacy. Diplomats did not succeed in
ending war, but the Pact is an example of the continuous work of improving
international security for all.

To explore more about the Kellogg-Briand Pact, Paris Peace Conference, and the
world after World War I, consult the Office of the Historian, which prepares and
publishes the official documentary history of U.S. foreign policy.

DEFINATION

The Kellogg–Briand Pact or Pact of Paris – officially the General Treaty for
Renunciation of War as an Instrument of National Policy12 – is a 1928 international
agreement on peace 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".13 The pact was signed by Germany, France, and the
United States on 27 August 1928, and by most other states soon after. Sponsored
by France and the U.S., the Pact is named after its authors, United States Secretary
of State Frank B. Kellogg and French foreign minister Aristide Briand. The pact
was concluded outside the League of Nations and remains in effect.14

12 Certified true copy of the text of the treaty in league of nation treaty series volume.94

13 Kellog bryant pact 1928 yale university

14 West minister definition of the official report (hansord)issues of commen

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A common criticism is that the Kellogg–Briand Pact did not live up to all of its
aims but has arguably had some success.15 It was unable to prevent the Second
World War but was the basis for trial and execution of wartime German leaders in
1946. Furthermore, declared wars became very rare after 1945.16 It has been
ridiculed for its moralism, legalism, and lack of influence on foreign policy. The
pact had no mechanism for enforcement, and many historians and political
scientists see it as mostly irrelevant and ineffective.17 Nevertheless, the pact served
as the legal basis for the concept of a crime against peace, for which the
Nuremberg Tribunal and Tokyo Tribunal tried and executed the top leaders
responsible for starting World War II.18

Similar provisions to those in the Kellogg–Briand Pact were later incorporated into
the Charter of the United Nations and other treaties, which gave rise to a more
activist American foreign policy which began with the signing of the pact.

Article I

The High Contracting Parties solemnly declare in the names of their respective
peoples that they condemn recourse to war for the solution of international
controversies and renounce it as an instrument of national policy in their relations
with one another.

15 Marsh numan s (1963)”biole review”intranural & corporate law quarterly(1049-1050)

16 Bunde, julie 19,and modeal R fowle

17 There still no reason to think The Kellog Bri and pact accompanied anything

18 Oona A Hathog & scott J. shapro the internationalist

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Article II

The High Contracting Parties agree that the settlement or solution of all disputes or
conflicts of whatever nature or of whatever origin they may be, which may arise
among them, shall never be sought except by pacific means.

The plan was devised by American lawyers Salmon Levinson and James T.
Shotwell, and promoted by Senator William E. Borah.19

Borah and U.S. diplomat William Richards Castle Jr., Assistant Secretary of State,
played key roles after Kellogg and Briand agreed on a two party treaty between the
U.S. and France.20 It was originally intended as a bilateral treaty, but Castle worked
to expand it to a multinational agreement that included practically the entire world.
Castle managed to overcome French objections through his discussions with the
French ambassador, replacing the narrow Franco-American agreement with a
treaty that attracted almost all major and minor nations.21

The pact was first signed on 27 August 1928 in Paris at the French Foreign
Ministry by the representatives from Australia, Belgium, Canada, Czechoslovakia,
France, Germany, Great Britain, India, the Irish Free State, Italy, Japan, New
Zealand, Poland, South Africa, and the United States. It took effect on 24 July
1929.

By that date, the following nations had deposited instruments of ratification of the
pact:Afghanistan,Albania ,Austria ,Bulgaria ,China ,Cuba ,Denmark ,Egypt ,Eston

19 Oona hathog &scott J. shapro internationalist

20 Charles De Benedelhi”Bordi & the kellog broad pact pacific natinalist

21 Robert A Ferrell , pact in their time”The kellog bryant pact

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ia ,Ethiopia , Finland Guatemala , Hungary , Iceland ,Latvia, Liberia, Lithuania
Netherlands ,,Nicaragua ,Norway. Panama ,Peru ,Portugal Romania Kingdom of
the Serbs, Croats, and Slovenes (later Kingdom of Yugoslavia)Siam Soviet
UnionSpainSweden,Turkey

12 additional parties joined after that date: Persia, Greece, Honduras, Chile,
Luxembourg, Danzig, Costa Rica, Mexico, Venezuela, Paraguay, Switzerland and
the Dominican Republic for a total of 57 state parties by 1929. Six states joined
between 1930 and 1934: Haiti, Colombia, Saudi Arabia, Ecuador, Iraq and Brazil.
After the Second World War, Barbados declared its accession to the treaty in 1971,
followed by Fiji (1973), Antigua and Barbuda, Dominica (both 1988), the Czech
Republic and Slovakia (after Czechoslovakia dissolved in 1993), and, as a result of
the dissolution of Yugoslavia, Slovenia (1992), Bosnia and Herzegovina and
Croatia (both in 1994).22 The Free City of Danzig, which had joined the Pact in
1929, ceased to exist in 1939 and became a regular part of Poland after World War
II.

In the United States, the Senate approved the treaty 85–1, with only Wisconsin
Republican John J. Blaine voting against over concerns with British
imperialism.23While the U.S. Senate did not add any reservations to the treaty, it
did pass a measure which interpreted the treaty as not infringing upon the United
States' right of self-defense and not obliging the nation to enforce it by taking
action against those who violated it.

22 Us department of state

23 John james blanke

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Effect and legacy

The 1928 Kellogg–Briand Pact was concluded outside the League of Nations and
remains in effect.One month following its conclusion, a similar agreement, the
General Act for the Pacific Settlement of International Disputes, was concluded in
Geneva, which obliged its signatory parties to establish conciliation commissions
in any case of dispute.24 With the signing of the Litvinov Protocol in Moscow on
February 9, 1929, the Soviet Union and its western neighbors, including Romania,
agreed to put the Kellogg–Briand Pact in effect without waiting for other western
signatories to ratify.25 The Bessarabian question had made agreement between
Romania and the Soviet Union challenging and dispute between the nations over
Bessarabia continued.2627 The pact's central provisions renouncing the use of war,
and promoting peaceful settlement of disputes and the use of collective force to
prevent aggression, were incorporated into the United Nations Charter and other
treaties. Although civil wars continued, wars between established states have been
rare since 1945, with a few major exceptions such as the Indo-Pakistani War of
1971 and various conflicts in the Middle East.

As a practical matter, the Kellogg–Briand Pact did not live up to its primary aims,
but has arguably had some success. It did not end war or stop the rise of militarism,
and was unable to keep the international peace in succeeding years. Its legacy
remains as a statement of the idealism expressed by advocates for peace in the
interwar period. However, it also helped to erase the legal distinction between war

24 Text in league of natins treaty series vol 3

25 Deletant, Demni

26 Von Rauche Geurg (1962) Activity of sovient russia

27 Kug charles (2013) the maldives

20
and peace, because the signatories, having renounced the use of war, began to
wage wars without declaring them, as in the Japanese invasion of Manchuria in
1931, the Italian invasion of Abyssinia in 1935, the Soviet invasion of Finland in
1939, and the German and Soviet invasions of Poland.

The popular perception of the Kellogg–Briand Pact was best summarized by Eric
Sevareid who, in a nationally televised series on American diplomacy between the
two world wars, referred to the pact as a "worthless piece of paper". In his history
of Europe from 1914 to 1948, historian Ian Kershaw referred to the Pact as
"vacuous" and said that it was "a dead letter from the moment it was signed."

While the Pact has been ridiculed for its moralism and legalism and lack of
influence on foreign policy, it did lead to a more activist American foreign policy.
Legal scholars Scott J. Shapiro and Oona A. Hathaway have argued that the Pact
inaugurated "a new era of human history" characterized by the decline of interstate
war as a structuring dynamic of the international system. According to Shapiro and
Hathaway one reason for the historical insignificance of the pact was the absence of
an enforcement mechanism to compel compliance from signatories, since the pact
only calls for violators to "be denied of the benefits furnished by [the] treaty". They
also said that the Pact appealed to the West because it promised to secure and
protect previous conquests, thus securing their place at the head of the international
legal order indefinitely.28 They wrote in 2017:

As its effects reverberated across the globe, it reshaped the world map, catalyzed
the human rights revolution, enabled the use of economic sanctions as a tool of law

28 Manad louis”drop your weapons”

21
enforcement, and ignited the explosion in the number of international organizations
that regulate so many aspects of our daily lives.29
Hathaway and Shapiro show that between 1816 and 1928 there was on average one
military conquest every ten months. After 1945, in very sharp contrast, the number
of such conflicts declined to one in every four years.30

The pact, in addition to binding the particular nations that signed it, has also served
as one of the legal bases establishing the international norms that the threat 31 or use
of military force in contravention of international law, as well as the territorial
acquisitions resulting from it, are unlawful. The interdiction of aggressive war was
confirmed and broadened by the United 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 is that it is unlawful to annex territory by force,
although other forms of annexation have not been prevented. More broadly, there
is now 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.

Notably, the pact also served as the legal basis for the concept of a crime against
peace. It was for committing this crime that the Nuremberg Tribunal and Tokyo
Tribunal tried and executed the top leaders responsible for starting World War II.

29 Hathaway & Shapiro

30 Article 2, Budapest articles of interpretation

22
Political scientists Julie Bunck and Michael Fowler in 2018 argued that the Pact
was:

an important early venture in multilateralism. ... international law evolved to

circumscribe the use of armed force with legal restrictions. The forcible acquisition
of territory by conquest became illegitimate and individual criminal liability might
attach to those who pursued it. In criminalizing war Kellogg–Briand played a role
in the development of a new norm of behavior in international relations, a norm
that continues to play a role in our current international order.[31]

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 Conclusion
In the end, the Kellogg-Briand Pact did little to prevent World War II or any of the

conflicts that followed. Its legacy remains as a statement of the idealism expressed

by advocates for peace in the interwar period. Frank Kellogg earned the Nobel

Peace Prize in 1929 for his work on the Peace Pact.

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