Justice among Nations. A History of International Law - Stephen C. Neff

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422 Between Yesterday and Tomorrow (1914– )

And if critics of positivism were being sought out for attack, then Lauter-
pacht certainly did present all too apt a target.
Even if there was no specifi cally socialist version of general international
law— apart from an especially rigid adherence to positivism— socialist writ-
ers did place a strong emphasis on certain legal principles. Perhaps most
conspicuously, there was a forceful and consistent denunciation of imperial-
ism and colonialism in all its forms. Its most striking manifestation was an
explicit neo- just- war thesis that was sometimes called the “Vyshinsky Doc-
trine,” named aft er Stalin’s leading legal minister— and chief prosecutor in
the notorious purge trials of the 1930s— who propounded it in the UN Gen-
eral Assembly in 1950. (Th e label was applied by American opponents of the
doctrine, not by the Soviets themselves.) Th e thesis was that the UN Char-
ter’s general ban on the use of armed force does not apply to one important
category of confl ict: anticolonial struggles. “A just war,” in the words of the
Institute of State and Law textbook, “is a non- predatory, liberatory war,”
which includes “wars of national liberation” by colonial peoples against
their imperialist overlords. Western governments, not surprisingly,
fi ercely rejected this doctrine.


Liberalism
Liberalism remained broadly true to its nineteenth- century and interwar
roots. Quincy Wright provided as apt a summation of it as can be found, es-
sentially defi ning liberal doctrine as favoring “the adaptation of interna-
tional law to international justice.” More specifi cally, liberalism had two
principal features. One, inherited from the interwar period, was support for
collective security and the UN— and, by extension, for multilateralist ap-
proaches to international problems in general. Th e other, dating back to the
nineteenth century, was support for human rights. Th e outstanding trend in
post– World War II liberalism was the sharply higher profi le of human-
rights concerns.
In terms of personnel in the liberal cause, there was a strong element of
continuity from the interwar period, since two of its foremost champions—
Wright and Lauterpacht— were still highly active. Lauterpacht even as-
cended the bench of the World Court in 1955. Th ere was something of a di-
vision of labor involved, with Wright chiefl y interested in collective- security
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