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c. These, then, are the sources and evidence of public emphasized. It serves as the foundation upon which all of
international law. The importance of a proper appreciation the various legal norms to be discussed are built and sus-
and understanding of this subject matter cannot be over- tained.
Section 111. CONTEMPORARY VIEWS OF INTERNATIONAL LAW
1-11. General. a. Discussion throughout this chapter has Union has developed a "new" international law-the law
centered around what is often called the "traditional" ap- of peaceful coexistence-designed to provide legal support
proach toward international law. The basic concepts of and maximum flexibility in formulating its foreign polity.
iuch an approach are rooted in the ideas that states are the As an aspect of Stalin's nationalization of the Revolution
on&true subjects of public international law and that ex- in the thirties, the Soviets discarded revolutionary ap-
$- international norms, as formulated through the proaches to the problems of international law and order
y,ears on the basis of the recognized sources and evidences and began to operate within the framework of conven-
of this jurispr$ence, must be accepted as binding on all tional international law. 74 Soviet international legal spe-
states in the prld community. As are most of the funda- cialists were thus called upon to provide a rationale of flex-
mental princi 'bles of existing international law, these are ibility for policy makers caught between the demands of
concepts that are basically Western European and North Soviet national objectives and the constraints of a capitalist
American in origin and nature. They have been international legal order. The technique for achieving flex-
developed through the years by states possessed of a com- ibility was simple. The Soviet Union firmly supported the
mon heritage, economic goal, and political outlook. These doctrine of positivism 75 and, in addition, claimed ". . .
shared characteristics have thus produced similar views on the right to reject or modify rules of law followed by the
the part of these states as to what the law should be, the noncommunist states by the touchstone of the avowedly
manner in which it should be developed, the problems objective principles of peace, equality, justice, and liber-
with which it should deal, and those to whom it should be ty." 76 The rules of law acceptable to the Soviet Union on
applied. the latter basis were characterized as progressive. Thus,
b. With the advent of the many newly evolved and consent and unilateral characterizations of the progressive
socialist states on the world scene, this traditional view of were the foundation of the Soviet attempt to deal with
international jurisprudence has been challenged. Discon- what was viewed as a hostile legal order. 77
tented with many of the existing legal norms and con- c. The Soviet Union now contends that the interna-
vinced of the necessity for new approaches toward issues tional legal order is no longer hostile, in that it has been
unfamiliar to states of the "old world," these states have influenced and shaped by the forces of world socialism.
tended to formulate their own views toward the various Nevertheless, consent and unilateral characterization
aspects of international law. Their views have had and will (which are said to be the basic defenses against a hostile
undoubtedly continue to have a significant impact on the order) remain the essential elements of the new law of
international community and its jurisprudence. For this peaceful coexistence. The apparently new ingredient,
reason, it is imperative that the most important aspects of "peaceful coexistence," is intended as a formulation of all
these views be briefly analyzed. that is progressive (i.e., socialist-inspired) in international
1-12. The Soviet View. a. The Soviet Union, principally law. The effort to secure its acceptance as the basic legal
as a consequence of further "nationalization" of its principle is an attempt to gain acquiescence in an "objec-
revolution, the normalization of its relations with other tive" standard that will actually facilitate unilateral charac-
states, and its increasingly status quo orientation, has terization by the Soviet Union by providing a universally
reconsidered its earlier refutation of international law and accepted "legal" basis for it. 78 Only in this way, it is said,
now manifests an intense interest in the propriety and can world order be achieved.
legality of international relations. 71 Indeed, since 1956, d. This desired world order, in the Soviet view, has two
the Soviet Union has made a concerted effort to demon- principal planes of operation and two contexts-relations
strate its dedication to the progressive development of in- with capitalist states, and relations within the socialist
ternational law and the strengthening of its role in interna- camp. The former, reflecting the Marxist teaching of class
tional relations 72 and to win support for its formulation of struggle, involves conflict between capitalist and socialist
peaceful coexistence as the progressive general interna-
tional law of the present age. 73 74. T. Taracouzio, The Soviet Union and International Law
b. Primarily during the past three decades, the Soviet 350-351 (1935).
75. Shapiro, The Soviet Concept of International Low, Il Y.B. of
71. E. MC Whinney, Peaceful Coexistence and Soviet- Western Inter- World Affoirs 272-310 (1948). See id. at 273, where it is said: "Soviet
national Law 52, 118 (1964). theorists accept as an axiom consent as the sole basis of the validity of
72. The Soviets contend that the socialist and neutralist states of international law . . . ."
Asia, Africa, and Latin America are the prime movers and most active 76. Lissitzyn, International Law in a Divided World, 542 Int? Con-
in this endeavor. ciliation 22, 23 (March 1963).
73. See B. Ramundo, The (Sovier) Socialist Theory of International 77. Shapiro, supra note 75, at 287.
Law, chs. 3-4 (1964). 70. Lissitzyn, supra note 76, at 19.