The “Renunciation of War as an Instrument of National Policy”

The effects that post-WWI notions of "war" had on then-contemporary legal thought are examined. An analysis of late 19th & early 20th century notions of war is performed, illustrating the conditions under which wars were deemed legal & the gradual emergence of antiwar sentiment within the international community. The origins of the Briand-Kellogg Pact (1928), identified as the first international prohibition of war, are contemplated. It is contended that the absence of certain regulations within the Briand-Kellogg Pact (eg, the lack of an international organization for assessing the legality of wartime actions) actually facilitated its acceptance by many initially reluctant states. The international community's reception of the Briand-Kellogg Pact between 1928 & 1948 is then studied, emphasizing the significant amount of scholarship produced by American legal scholars & the impact such literature had on understandings of neutrality. Although many states contravened the Briand-Kellogg Pact's stipulations, it is stressed that this agreement succeeded in making international law more accepted & legitimate; nonetheless, it is stated that the pact also commenced the international organizations' tendency to avoid usage of the word "war.". J. W. Parker