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27 Tul. J. Int'l & Comp. L. 229 (2018-2019)
The Kellogg-Briand Pact: A Reappraisal

handle is hein.journals/tulicl27 and id is 255 raw text is: TULANE JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW VOLUME 27 SPRING 2019 No. 2 The Kellogg-Briand Pact: A Reappraisal Julie M. Bunck* and Michael R. Fowlert This Article reappraises the Pact of Paris, or Kellogg-Briand Treaty, of 1928. Kellogg- Briand stands as one of history's most universally scorned and criticized international agreements. Michael Fowler and Julie Bunck examine its background, how the treaty took shape, and its ultimate results, and argue in favor of a more balanced appraisal. Although Kellogg-Briand plainly failed to stop wars from breaking out and was marked by serious institutional and procedural defects, it stood as an important early venture in multilateralism. It formed a significant part of the legal basis for the post-World War II prosecutions of German and Japanese leaders for having waged aggressive war It helped to bring about new attitudes toward intervention by third parties in others'disputes. Most importantly, rather than war being the legitimate prerogative of sovereigns, freely relied upon to settle disputes and launched at the complete discretion of those in charge of a state's government, international law evolved to circumscribe the use of armedforce with legal restrictions. The forcible acquisition ofterritory by conquest became illegitimate and individual criminal liability might attach to those who pursued it. In criminalizing war, Kellogg-Briand played a role in the development of a new norm of behavior in international relations, a norm that continues to play a role in our current international order I. INTRODUCTION ................................................................................. 230 A. Criticisms of Kellogg-Briand ........................................... 233 B. Reappraising the Treaty ................................................... 236 II. THE BACKGROUND TO THE KELLOGG-BRIAND TREATY ................ 237 A. The Link to World War I................................................... 237 B. Peace as a Foreign Policy Goal....................................... 239 C. Frank Kellogg and Aristide Briand.................................. 241 D. French Foreign Policy Under Briand ..............................244 III. A TREATY TAKES SHAPE ................................................................. 246 © 2019 Julie M. Bunck & Michael R. Fowler. * Professor of Political Science, Department of Political Science, and Distinguished Honors Professor, University of Louisville. Ph.D., University of Virginia (1988); M.A., Indiana University (1983); B.A. Kansas State University (1982). t Professor of Political Science, Department of Political Science, University of Louisville. J.D., Harvard Law School (1986); M.A. University of Virginia (1985); B.A. Dartmouth College (1982). 229

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