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 ofhistory'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 ofa 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. Itformed a significant part of the legal basis for
the post-World War H 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 ofsovereigns, freely relied upon
to settle disputes and launched at the complete discretion ofthose in charge ofa 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 ofa
new norm of behavior in international relations, a norm that continues to play a role in our current
international order


1.    INTRODUCTION           ............................................... 230
      A.   Criticisms   ofKellogg-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
Ell.  A TREATY TAKES SHAPE .          ................................. 246


    0  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).
     f    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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