The Legal Meaning of the Pact for the Renunciation of War

Miroslas Gonsiorowski

American Political Science Review, 1936, vol. 30, issue 4, 653-680

Abstract: Few treaties have been the object of such different and contradictory constructions as the Pact for the Renunciation of War. For some writers, the Pact constitutes a mere gesture and has only a moral value. For others, it condemns any act of force whatever and imposes upon the contracting parties a positive obligation to settle all disputes by pacific means. There are still others who take a stand between these two extreme views, but they are far from reaching an agreement as to the exact meaning of the Pact. Such a divergence of opinion is largely due to the fact that this treaty has been generally contemplated from a political rather than from a legal point of view. While the opponents of the Pact have endeavored to minimize its importance, the supporters have been at pains to enlarge its scope by means of an extensive interpretation. Instead of attempting to examine carefully the legal issues involved and to arrive at a conclusion as a result of an objective investigation, both camps have striven to find arguments likely to support their preconceived opinions. Owing to the personal authority of certain writers who have taken a part in this discussion, some arguments which they have advanced have made considerable impression and have been adopted uncritically by a large body of opinion, although they lack any legal foundation.

Date: 1936
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