《THE PRUDENT PEACE LAW AS FOREIGN POLICY》

Part One. THE ROLE OF LAW IN FOREIGN POLICY1

1. The Relevance of Law3

2. The Touchstones of U.S. Foreign Policy7

From Monroe Doctrine to Law7

From Avoiding Entanglements to Resisting Aggression15

The Change in Unifying Principle22

3. The Relation of Law to the Balance of Power24

Law Depends on the Balance of Power24

The Balance of Power Depends on Law28

4. How Right Makes Might33

The Contribution of Law of Effective Action33

The Folly of Holding Back36

The Power of National Commitment46

5. The Role of Emerging Law49

The Problem of Change49

The Concept of Emerging Law51

Part Two. THE PRINCIPLES OF EMERGING LAW55

6. Myths and Muddles57

Myths about Emerging Principles57

The Mystery of Law without Legislation60

National Sovereignty62

The Role of National Security and Vital Interests64

7. Filling Out the Law of the Charter65

The Special Place of Resolution 262565

The Seven Charter Principles of Law68

The Definition of Aggression: Resolution 331472

8. Self-determination74

The Problem of Secession75

The Necessity of International Process79

Foreign Bases85

9. Nonintervention88

The New Rule of Reciprocal Neutrality88

Counterintervention95

10.Regional Security Zones99

The Concept99

Exclusion of Spheres of Influence107

11.International Rights in Strategic Areas111

The Function of International Rights111

Defining Substantive Rights114

The Problem of Guarantees117

12.International Rights of Access to Resources124

The Implications of Scarcity124

The Emerging Law126

Part Three. ADJUDICATION IN THE REAL WORLD135

13.The National Interest in a Process of Adjudication137

The Role of an Adjudication Option137

The Problems that Shape the Option143

Perspectives on Emerging Law146

14.A Proposed Declaration for Law and Acceptance of Adjudication148

Proposed Declaration148

Proposed Charter for a Voluntary Adjudication Tribunal149

The Role of the International Court of Justice151

The Problem of Interlocking Issues153

Part Four. THE CHOICE157

15.Action and Risk159

Appendix 1: Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations165

Appendix 2: Definition of Aggression172

Appendix 3: United Nations Resolutions concerning Self-determination176

Appendix 4: United Nations Resolutions concerning Nonintervention189

Appendix 5: United Nations Resolutions concerning Access to Resources193

Appendix 6: Excerpts from the United Nations Charter and Stature of the International Court of Justice197

Notes207

Selected Bibliography229

Index241