Page 196 - Law of Peace, Volume ,

Pam 27-161-1

CHAPTER 10
STATUS OF VISITING FORCES IN INTERNATIONAL LAW

Section I. COLLECTIVE SECURITY SYSTEM
10-1. Collective Self-Defense Under the United Na- don thrown around the hemisphere. The treaty entered
tions Charter. The collective security system envisaged in into force for the U.S. on 3 December 1948. The mem-
the United Nations Charter has been affected by the bers were at that time:
"Cold War." 1 The resulting deep ideological split among United States Dominican Republic Peru
fhe, members of the United Nations has forced many Cuba Costa Rica Bolivia
staps to turn from a world-wide collective security system Honduras Panama Paraguay
ahd to seek security in defense alliances and in regional ar- Mexico Venezuela Brazil
Chile
Guatemala
Ecuador
rangements. 2 Both of these methods are authorized by
El Salvador Colombia Argentina
Articles 51 and 52 of the United Nations Charter. Nicaragua Haiti Uruguay
-
- -
Regional arrangements have for their primary purpose the b. The North Atlantic Treaty Organization (NATO
settlement among the members themselves of their local
Treaty). 6 The treaty, signed at Washington 4 April 1949,
disputes. This chapter will not be devoted to this type of a
entered into force for the U.S. on 24 August 1949. It offi-
local arrangement. Collective self-defense, on the other cially acknowledges that the destinies of Western Europe
hand, has for its purpose the protection of each member are inextricably linked with those of the larger geographi-
of the group from outside attacks. It is Article 51 rather cal area, commonly termed the North Atlantic Com-
than Article 52 which has given rise to the defense munity. The treaty created an operational organization
alliances so prevalent in the world today. 3 The collective which has provided multinational armed forces deployed
self-defense system of which the United States is a party is across Europe to oppose any act of agression emanating
world-wide and is commonly termed "The United States from the "iron curtain." The members agree to regard an
Mutual Defense System." attack on one as an attack on all, and are to aid the one at-
10-2. The United States Mutual Defense tacked. The members are:
System. a. The Inter-American Treaty of Reciprocal
Assistance (The Rio Pact). By this treaty, signed by Rio de united States West Gennany
Belgium
Canada
Janeiro in September 1947, the signatory nations agreed Iceland Luxembourg
that an "armed attack by any state against an American Norway Italy
state shall be considered as an attack against all American United Kingdom Portugal
states" and pledged each state to assist the others in Netherlands France
Denmark
repelling such an attack. The area defined in the treaty in- Turkey
Greece
cluded all of North and South America, the Aleutians and
Greenland, much of the Arctic and Antarctic regions, and c. Security Treaty with Australia and New Zealand
vast ocean areas considerably broadening the defmition of' (ANZUS Pact). 7 The ANZUS Pact was signed at San
the western hemisphere. 5 Although Canada was not a Francisco, 1 September 1951, and entered into force for
party to the treaty, she was included in the protective cor- the U.S. on 29 April 1952. This treaty acknowledges that
an attack in the Pacific against any will involve all and the
parties agree to "act to meet the common danger." The
1. Collective security is an often misunderstood phrase. It means
that every state in the organization looks to all others in that organiza- members are:
tion for protection against the aggressive acts of a fellow member. Blocs, Australia
favoritism, etc., have no place in such a security system. See K. New Zealand
Organski, International Politics 378-81 (1958) for a criticism of the col- united States
lective security concept.
2. Dr. Stikker of the Netherlands at the signing of the North Atlan- d. Southeast Asia Treaty Organization (SEATO). 8
tic Treaty in 1949 remarked: "The treaty we are about to sign marks the The Southeast Asia Collective Defense Treaty and Pro-
end of an illusion: the hope that the United Nations would by itself en- tocol were signed at Manila on 8 September 1954 and en-
sure international peace. Suddenly, in retrospect, the signing of the tered into force for the U.S. on 19 February 1955. These
Charter of San Francisco only four yean ago is seen as a charming documents set up the Southeast Asia Treaty Organization
dream from which we had awakened gradually into a grey reality." N.Y.
Times, Apr. 9, 1949 commented on in J. Stone, Legal Controls Of lnter- covering the "general area of Southeast Asia" and the
national Coflict 279 (1959). western Pacific. In case of aggression its members are to
3. L. Goodrich& E. Hambro, Charter of the United Nations 304-08
(rev. ed. 1949); C. Eagleton, International Government548-50 (3d ed. 6. T.I.A.S. No. 1964, 62 Stat. 2241, 20 Dep't State Bull. 339
1957). (1949), commented on by Bohler, The North Atlantic Pact: A Historic
4. T.I.A.S. No. 1838, 62 Stat. 1681, 17 Dep't State Bull. 565-67 Step in the Dewlopment of American Foreign Relations, 20 Dep't State
(1947), commented on by Men, The Inter-American Treaty of Recipro- Bull. 428-30 (1949).
cal Assistance, 17 Dep't State Bull. 983-87 (1947). 7. [I9521 3 U.S.T. 3420, T.I.A.S. No. 2493.
5. Inter-American Treaty of Reciprocal Assistance, art. 4. 8. (19551 6 U.S.T. 81, T.I.A.S. No. 3170.