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states. In this plane, the degree of world order desired or customary law, is considered beneficial, as it provides
would appear to be only that amount necessary to prevent an opportunity for socialist and neutralist states to com-
mutual annihilation by a thermonuclear exchange. 79 In bine their efforts in furtherance of the development of in-
dealing with members of the socialist camp, however, a ternational jurisprudence. 84
maximum of order is sought to achieve integration and g. In addition to the Charter of the United Nations,
the reduced importance of national boundaries which will Resolutions of the General Assembly and multilateral
produce a single socialist state, and, following that, a declarations, agreements, and practices are offered as
world communist society. Accordingly, the Soviet Union further evidence of the general acceptance of the principles
now considers the two fundamental principles of contem- of peaceful coexistence. 8s Similarly, the binding character
porary interrational law as being "peaceful coexistence" of the principle of socialist internationalism is said to be
and "socialist internationalism." The former is said to be based upon treaty as well as customary law. 86 Soviet com-
the basic principle regulating the international class strug- mentaries note that multilateral declarations of tfie
gle and relations between the capitalist and socialist socialist states 87 have affirmed socialist internationalism
camps, while the latter is viewed as the basis upon which to be the guiding principle in relations beheen socialist
members of the socialist "commonwealth of nations" states, and the principle of socialist inteinationalism is
achieve the fullest measure of cooperation and collabora- reflected in all such relations, bilateral as well &
tion. multilateral. 88
e. The current and spec& task of Soviet international h. A recent commentary summarizes all of the forego-
legal specialists is to achieve acceptance by the interna- ing discussion in a single terse statement: "Peaceful coex-
tional community of this new law of peaceful coexistence istence is an historical fact, an objective reality, the natural
and its basic component principles. 80 With this task in process of social development and the basic internatiod
mind, Soviet jurists contend that the principles of peaceful legal norm." 89 Thus, peaceful coexistence is said to be
coexistence are embodied in the Charter of the United ". . . the political basis of general international law, the
Nations and have, therefore, become generally accepted development of which determines the possibilities of the
principles of international law: for members of the United development of general international law." 90 In essence,
Nations, through their acceptance of the Charter, for non- although the objective laws of social development are in-
members as a customary principle. 81 Moreover, to en- voked, the focal point is the impermissibility of nuclear
sure the codification of the general principles of peaceful warfare. This produces the rather non-Marxist result that
coexistence, these individuals insist that the Charter of the . interdependence based upon technological advances in
United Nations must serve as the general legislative weaponry, rather than Marxism-Leninism, has dictated
framework: both the policy and law of coexistence.
. . . every mcation of the principles of international law, in whole or 1-13. Universality. a. Soviet international legal spe-
in part, is possible only on the basis of the Charter of the U.N. The cialists formally recognize the universality of international
further progressive development of contemporary international law at law, that is, the concept of a single general international
variance with the Charter of the U.N. as desired by Representatives of law binding on all states. 91 These specialists are con-
the imperialist states is unthinkable. 82
fronted, however, with a dilemma in coping with the
J The need for codif~cation is rationalized on the problem their acceptance of universality presents. The law
general basis that the new international law ". .. is far of peaceful coexistence must be universal in the sense of
from perfect and needs to be further developed ..." in binding all states to meet Soviet foreign policy needs in
order to ". .. bring the content of the principles and rules dealing with both capitalist and socialist states. However,
of international law in line with contemporary social it must also allow for different operational norms within
development . . ." (i.e., along the lines of consolidating the socialist camp. Given the difference in the nature of
peaceful coexistence). 83 Codif~cation, whether of treaty
84. Movchan, Kodifikatsiia Mezhdunarodnopravovykh Printripov
79. The conclusion of the Limited Test Ban Treaty in 1963 and the Mirnovo Sosushchestovovaniia [Codification of the International Legal
recent participation by the Soviet Union in SALT talks reflect the depth Principles of Peaceful Coexistence] Sovetskii Ezhegodnik 15-30 (1965).
of Soviet concern in this area. 85. Mezhdunarodnoe Pravo [International Law] 58-60 @. Levin &
80. Tunkin, The Twenw-Second Congress of the CPSU and the G. Kaliuzhnaia ed. 1964).
Tasks of the Soviet Science of International Law, I Soviet Law and 86. G. Tunkin, Voprosy Teorii Mezhdunarodnovo Prava [Problems
Government 10. (1963). See also Trukhanousky, Proletarian Interna- of The Theory of International Lad 313 (1962).
tionalism and Peaceful Coexistence, 8 INTZ AFF. 54-59 (1966). 8'. See Declaration of the Twelve Communist Parties in Power
81. B. Ramundo, supra note 73, at 30. (November 1957) and Declaration of Representatives of the Eighw-One
82. Chkhikvadze, Voprosy Mezhdunarodnovo Prava Na XX Sessii Communist Parties (November-December, 1960) in The New Com-
General' noi Assamblei [Problems of International Law at the 20th Ses- munirt Manifesto 169-182; 11-47 (D.Jacobs ed. 1962).
sion of the General Assembly], 3 Sowtrkoe Gosudarstvo 1 Pravo [Soviet 88. Mezhdunarodnoe Pravo, supra note 85, at 62-78.
State and Law] [hereinafter cited as SGIPJ 67-78 (1966). 89. Zadorozhnyi, Mirnoe Sosushchestvownie I Mezhdunarodnoe
83. Movchan, 0 Znachenii Kodifikatsii Printsipov Mezhdunarod- Pravo [Peaceful Coexistence and International Law] 7 (1964).
novo Prava [On the Importance of the Codification of International La4 90. G. Tunkin, supra note 86, at 7.
1 SGIP 46-55 (1965). 91. E. Mc Whinney, supra note 71, at 32.