Part 1 The Cold War Era (1945–89), 6 The U-2 Incident—1960

Author(s):  
Park Ki-Gab

This chapter examines the aerial incident between the US and URSS that occurred on May 1960: an unauthorized incursion into Soviet airspace by a US reconnaissance plane U-2. This incident led to a serious international dispute. This chapter explains the relevant facts and context of the dispute. It then analyzes the position of the main protagonists and reactions of third states and international organizations, especially those expressed in UN Security Council debates. It deals with three main questions of legality, namely espionage, principle of sovereignty over air space and definition of aggression. The U-2 incident confirms that in order to protect its aerial sovereignty, a state is in principle permitted to use force in the face of an unauthorized incursion by a foreign military aircraft.

2018 ◽  
Vol 2 (1) ◽  
pp. 1-8
Author(s):  
James A. Thomson

Abstract: Against the backdrop of an international system becoming more confrontational in nature, the subject of deterrence is back again. This article provides an overview of the nature of the deterrence problem during the Cold War period and today. While the broader circumstances have changed markedly, today, the central issue of deterrence remains the same as in the Cold War: how to maintain the credibility of the American threat to employ nuclear weapons in the defense of allies in the face of adversaries that can retaliate with devastating nuclear attacks against the US itself. There is little doubt about the threat of the US or other nuclear powers to retaliate in the event of a nuclear attack against their own homelands, so long as those retaliatory forces can survive the initial attack. The problem is the credibility of US extended deterrence.


Author(s):  
Forteau Mathias ◽  
Ying Xiu Alison See

The present contribution discusses the US hostage recuse operation in Iran in 1980. After the presentation of the relevant facts and context of the (eventually aborted) operation, including the official positions of the US and Iran as publicly expressed at that time, the present contribution assesses the legality of the operation, taking into account the reactions of other states and competent international organizations. The legality of the operation is assessed under Article 2(4) and 51 of the UN Charter and other possible exceptions under customary international law such as self-help. It concludes that it is doubtful that the operation was in conformity with international law.


Author(s):  
Williamson Myra

This chapter analyses the context and legality of Israel’s invasion of Lebanon, also referred to as the First Lebanon War and ‘Operation Peace for Galilee’. It began on 6 June 1982 and became an 18-year-long occupation, ending on 22 May 2000. The first section discusses the immediate pretext for Israel’s invasion—the attempted assassination in London of the Israeli Ambassador to Britain, Schlomo Argov, by Abu Nidal terrorists—as well as the more complex causes, such as the political animosity between Israel, Lebanon, Syria and the PLO. Section two analyses the positions of the main antagonists—Israel, Lebanon and the PLO—as well as other interested parties (the US, the UN Security Council and the UN General Assembly). The third section addresses the legality of Israel’s use of force, citing the arguments of scholars on both sides of the debate. Finally, the chapter assesses the precedential value of this use of force, in light of the Security Council’s refusal to accept that the attempted assassination was an ‘armed attack’ and its condemnation of the Israeli aggression.


2015 ◽  
Vol 24 (1) ◽  
pp. 289-314
Author(s):  
Marta Bo

This note scrutinizes the complex relationship between international law and national criminal law in the prosecution of piracy. UN Security Council Resolutions on Somalia have marked the beginning of a new era in counter-piracy, with much wider involvement of States and international organizations in patrols in the Horn of Africa and with an increasing number of piracy trials in courts in Europe, the US, and Africa. Increased State cooperation in enforcement and adjudication has evinced the weaknesses and ambiguities inherent in the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) which deal with piracy. This article questions the suitability of the UNCLOS definition of piracy as a standalone legal basis for detention in light of the requirements of legal certainty that must be satisfied in order to permit the arrest and the “pre-transfer arrest” of piracy suspects. This question seems to have been recently overlooked by the Italian Court of Cassation whose reasoning, while correct in relation to the assertion of jurisdiction over the pirates arrested on board the M/V Montecristo, seems flawed with regard to the assumption of jurisdiction over the pirates captured aboard the “mothership” and then transferred to Italy by the British unit participating to the NATO counter-piracy mission.


Author(s):  
Walter Christian

This chapter analyzes the intervention of US American troops in the Dominican Republic in 1965. After setting out the facts and the broader historical context, the positions of the main protagonists and the reactions of third states and international organizations are described in detail. For that purpose, two phases are distinguished: a first, unilateral phase during which the US American troops operated solely on a national basis, and a second phase, which is characterized by a multinational force operating under the auspices of the OAS. In its legal assessment, the chapter concludes that during the first phase the operation may be seen as justified on the grounds of protecting US American citizens abroad. In the second phase, the operation is qualified as a regional peace-keeping operation for which no authorization is needed under Article 53 of the UN Charter.


2014 ◽  
Vol 57 (2) ◽  
pp. 29-57 ◽  
Author(s):  
Eugenio Pacelli Lazzarotti Diniz Costa ◽  
Mariana Baccarini

Liberal-Institutionalism and Structural Realism expectations about international organizations are confronted by looking at if and how US-controlled international aid is granted, and particularly if it is related or not to political affinity and to United Nations Security Council (UNSC) non-permanent membership. A preliminary assessment suggests that these relations only hold for the period of the Cold War, and, even then, only when UNSC non-permanent membership is in years in which the Security Council was deemed very important.


2017 ◽  
Vol 19 (1) ◽  
pp. 55-75 ◽  
Author(s):  
Katherine Jenness

This paper explores the way American intellectuals depicted Sigmund Freud during the peak of popularity and prestige of psychoanalysis in the US, roughly the decade and a half following World War II. These intellectuals insisted upon the unassailability of Freud's mind and personality. He was depicted as unsusceptible to any external force or influence, a trait which was thought to account for Freud's admirable comportment as a scientist, colleague and human being. This post-war image of Freud was shaped in part by the Cold War anxiety that modern individuality was imperilled by totalitarian forces, which could only be resisted by the most rugged of selves. It was also shaped by the unique situation of the intellectuals themselves, who were eager to position themselves, like the Freud they imagined, as steadfastly independent and critical thinkers who would, through the very clarity of their thought, lead America to a more robust democracy.


Author(s):  
Sara Lorenzini

In the Cold War, “development” was a catchphrase that came to signify progress, modernity, and economic growth. Development aid was closely aligned with the security concerns of the great powers, for whom infrastructure and development projects were ideological tools for conquering hearts and minds around the globe, from Europe and Africa to Asia and Latin America. This book provides a global history of development, drawing on a wealth of archival evidence to offer a panoramic and multifaceted portrait of a Cold War phenomenon that transformed the modern world. Taking readers from the aftermath of the Second World War to the tearing down of the Berlin Wall, the book shows how development projects altered local realities, transnational interactions, and even ideas about development itself. The book shines new light on the international organizations behind these projects—examining their strategies and priorities and assessing the actual results on the ground—and it also gives voice to the recipients of development aid. It shows how the Cold War shaped the global ambitions of development on both sides of the Iron Curtain, and how international organizations promoted an unrealistically harmonious vision of development that did not reflect local and international differences. The book presents a global perspective on Cold War development, demonstrating how its impacts are still being felt today.


2016 ◽  
Vol 4 (2) ◽  
pp. 170 ◽  
Author(s):  
K. Eylem Özkaya Lassalle

The concept of failed state came to the fore with the end of the Cold War, the collapse of the USSR and the disintegration of Yugoslavia. Political violence is central in these discussions on the definition of the concept or the determination of its dimensions (indicators). Specifically, the level of political violence, the type of political violence and intensity of political violence has been broached in the literature. An effective classification of political violence can lead us to a better understanding of state failure phenomenon. By using Tilly’s classification of collective violence which is based on extent of coordination among violent actors and salience of short-run damage, the role played by political violence in state failure can be understood clearly. In order to do this, two recent cases, Iraq and Syria will be examined.


Author(s):  
Vladimir Kontorovich

The academic study of the Soviet economy in the US was created to help fight the Cold War, part of a broader mobilization of the social sciences for national security needs. The Soviet strategic challenge rested on the ability of its economy to produce large numbers of sophisticated weapons. The military sector was the dominant part of the economy, and the most successful one. However, a comprehensive survey of scholarship on the Soviet economy from 1948-1991 shows that it paid little attention to the military sector, compared to other less important parts of the economy. Soviet secrecy does not explain this pattern of neglect. Western scholars developed strained civilian interpretations for several aspects of the economy which the Soviets themselves acknowledged to have military significance. A close reading of the economic literature, combined with insights from other disciplines, suggest three complementary explanations for civilianization of the Soviet economy. Soviet studies was a peripheral field in economics, and its practitioners sought recognition by pursuing the agenda of the mainstream discipline, however ill-fitting their subject. The Soviet economy was supposed to be about socialism, and the military sector appeared to be unrelated to that. By stressing the militarization, one risked being viewed as a Cold War monger. The conflict identified in this book between the incentives of academia and the demands of policy makers (to say nothing of accurate analysis) has broad relevance for national security uses of social science.


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