About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

25 U. Pitt. L. Rev. 35 (1963-1964)
Subversive Internvention

handle is hein.journals/upitt25 and id is 37 raw text is: SUBVERSIVE INTERVENTION Fu-shun Lin* INTRODUCTION In recent years, particularly since World War II, the international com- munity has witnessed a significant change in the means for achieving the ends which have traditionally been achieved by intervention or aggression. A resort to regular armed forces by a State against another State in the form of an outright attack or invasion has become less important as a technique of international politics; instead, more subtle, veiled and in- direct means calculated to achieve these ends have been used with greater frequency. These acts - which have been loosely called indirect aggression - take a variety of forms, assume different natures and can have serious consequences on the territorial integrity and political independence of the affected States. Their common characteristics are that they aim at definite political ends, usually in violation of the political independence of the State against which the acts have been directed, and that ostensibly the State which is responsible for the acts does not act directly but through third parties who are seemingly acting on their own initiative.' Because the State which is the principal actor acts indirectly and the acts are designed to attain what has traditionally been attained by acts of aggression, these acts have generally been termed indirect aggression. Whether these acts should be regarded or classified as a form of aggression is, however, controversial. This is mainly because not every act contem- plated under this concept involves the element of threat or use of force - an element which has generally been considered to be essential to the notion of aggression. To classify these acts into the concept of aggression, even if an indirect one, would amount to recognizing them as crimes under international law, therefore authorizing the victim State to resort to force in self-defense against the State committing the acts. It seems necessary to consider three aspects of the question under dis- cussion: first, what acts should be regarded as violating the political inde- pendence of another State and hence illegal under international law, re- gardless of whether they are termed intervention, aggression or otherwise; secondly, among these illegal acts, which should be considered to be acts *Research Associate, Columbia University, LL.B., Taiwan University, LL.M., Harvard University, JS.D., New York University. 1. See Report by the Secretary-General on the Questions of Defining Aggression, UN. GEN. Ass. OFF. REc. 7th Sess., Annexes, Agenda Item No. 54, at 72, U.N. (A/2211) (1952-53).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most