US International Lawyers in the Interwar Years

Author: A Forgotten Crusade
Publisher: Cambridge University Press
ISBN: 9781107016439
Published In: August 2012
Format: Hardback , 99 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the interwar years, a group of reform-minded American scholars of international law, such as Quincy Wright and Manley Hudson, challenged traditional international law and strove to establish a 'new' international law in which outlawry of war was institutionalized. They highly valued the Covenant of the League of Nations and the Kellogg–Briand Pact and presented legal arguments in support of them. These scholars were activists in their efforts to promote their views to policy makers and the public. In the US international law community, however, a different group of scholars, notably Edwin Borchard, vehemently opposed the progressive scholars. US International Lawyers in the Interwar Years chronicles those involved in the debate and provides a detailed account of their scholarly works and activities that hitherto have not had the recognition that they deserve.

• Use of unpublished primary sources will appeal to those who are interested in the history of international law and the role of lawyers as social engineers

• Provides examples of how law and politics affect and influence each other and how international norms change over time

• Traces the origins of the Pacific War through legal discussions and debates between the US and Japan, thereby revisiting diplomatic relations and international order in the interwar years from a legal perspective

Acknowledgments	ix
Introduction	1
1 The rise of a new international law	12
Root, Scott and the American Society of International Law	12
New and different views: Reinsch, Borchard and Fenwick	17
World War I and division	21
Rising stars from the war era: Garner and Wright	26
Reconstruction or departure: the Committee for the Advancement of International Law	29
2 Toward a more ambitious international law	37
The worldwide configuration	37
The Covenant of the League of Nations and the Washington Conference	43
A distinction between political and legal questions?	50
A happy synthesis: from theory to practice	56
3 Can international law master war?	64
Intellectual discussions on the legal limitations of war	64
The Geneva Protocol	71
Outlawry of war and the Kellogg–Briand Pact	74
Testing the ideals of the Pact: diplomatic repercussions	83
4 Half-victory: international law and the Manchurian Incident	92
Japan’s pattern of dissent	93
A treaty-based approach to China	98
Theoretical arguments over the Manchurian conflict	103
The Stimson Doctrine: a great innovation?	112
A new treaty system: work at the League of Nations	116
5 For better or for worse: the debate over neutrality	123
Stimson and Wright vs. Moore and Borchard	124
Views on neutrality from abroad	131
The American Society of International Law in 1935	137
Beyond the Neutrality Act of 1935	141
6 International law in a lawless world	149
The challenge of military hostilities	149
The legal situation in the Far East	153
Cordell Hull and the study of international law	159
International law during the war in Europe	165
A fresh round of criticism	171
7 Reconstructing the world order once again	177
Debates over the postwar international organization	177
War of aggression as crime	188
Changing orientation in the discipline: from international law to international relations	199
Conclusion	205
Appendix: List of International Lawyers in the Interwar Period	217
Bibliography	218
Index	242