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Military Law Review Vol. 83 Deportment of the Army Pamphlet 27-100-83 MILITARY LAW REVIEW VOL. 83 An International Law Symposium: Part II Introduction ARTICLES: International Law Under Contemporary Pressures Soviet International Law Today: An Elastic Dogma The Seizure and Recovery of the S.S. Mayaguez: A legal Analysis of United States Claims z6 BOOK REVIEWS: Sea Power and the Law of the Sea: The Need for a Contextual Approach Three SlPRl Publications PUBLICATIONS RECEIVED AND BRIEFLY NOTED INDEX Yeadquarten, Deportment of the Army Winter 1979 MILITARY LAW REVIEW EDITORIAL POLICY: The Military Law Review provides a forum for those interested in military law to share the products of their experience and research. Writings should be of direct concern and import in this area of scholarship, and preference will be given *tothose writings having lasting value as reference material for the military lawyer. The Military Lax Review does not purport to promulgate De- partment of the Army policy or to be in any sense directory. The opinions reflected in each writing are those of the author and do not necessarily reflect the views of The Judge Advocate General or any governmental agency. Masculine pronouns appearing in the pam- phlet refer to both genders unless the context indicates another use. SUBMISSION OF WRITINGS: Articles, comments, recent de- velopment notes, and book reviews should be submitted in dupli- cate, typed double space, on letter-size paper (8 x 10% or 8% x 11). They should be submitted to the Editor, Military Law Review, The Judge Advocate General’s School, U. S. Army, Charlottesville, Vir- ginia 22901. Footnotes should be double spaced and appear as a separate appendix at the end of the text. Citations should conform to the Uniform System of Citation (12th edition 1976) copyrighted by the Columbia, Harvard, and Univer- sity of Pennsylvania Law Reviews and the Yale Law Journal; and A Uniform System of Military Citation, published by the Judge Advocate General’s School, U.S. Army. EDITORIAL REVIEW: The Editorial Board of the Military Law Review consists of specified members of the staff and faculty of The Judge Advocate General’s School. Membership of the Board varies with the subject matter areas of writings considered by the Board. The Board will evaluate all material submitted for publication. In determining whether to publish an article, comment, note, or book review, the Board will consider the item’s substantive accuracy, comprehensiveness, organization, clarity, timeliness, originality, i and value to the military legal community. There is no minimum or maximum length requirement. When a writing is accepted for publication, a copy of the edited typescript will be provided to the author for prepublication ap- proval. However, minor alterations may be made in subsequent stages of the publication process without the approval of the author. Because of contract limitations, neither galley proofs nor page pro- ofs are provided to authors. Italicized headnotes, or summaries, are inserted at the beginning of most writings published in the Reciew, after the authors' names. These notes are prepared by the Editor of the Rei'ieir as an aid to read ers. Reprints of published writings are not available. However, au- thors receive complimentary copies of the issues in which their writings appear. Additional copies are usually available in limited quantities. These may be requested from the Editor of the Repierr*. SUBSCRIPTIONS AND BACK ISSUES. Interested persons should contact the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, for subscrip- tions. Subscription price: $7.65 a year, $1.95 for single copies. Foreign subscription, $9.60 per year. Back issues are available for military personnel through the U.S. Army AG Publications Center. 2800 Eastern Blvd., Baltimore, MD 21220. REPRINT PERMISSION: Contact the Editor, Milita~!gLcc w Re uie w, The Judge Advocate General's School, Charlottesville, Virginia 22901. Militavy Lclw Rei'iew articles are indexed in the Adrccuce Bib- liogivphij qf' Cot[teii ts: Pol if iccil Scieuce ct itd Go ziel-)i ))i e)it; Cou- teiits 01' Ciri*re)itLegal Periodicals; Iizc1e.r to Legal Pe)*iodicctls; Moiithlij Catalog of' C'uited Stcites Gove~'i~uzeutPitblicatious; Di- iaec tory of' Pi6 Bl is Ir iu g Opport I! )I if ies iii Jo u iw c1 Is ct it d Pe viodica Is; La I(* Rei5ielr' Digest: and other indexing services. The primary Milita~/Lccw Ret'iew index is volume 81 thereof, which was pub- lished in 1978. This is supplemented in later volumes. This issue of the Review may be cited 83 Mil. L. Rei,. (number of page) (1979). ii PAMPHLET HE ADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-83 WASHINGTON, D.C., Winter 1979 MILITARY LAW REVIEW-VOL. 83 Title Page An International Law Symposium: Part 11: Introduction Major Percival D. Park ................................ v ARTICLES International Law Under Contemporary Pressures Professor John N. Hazard .............................. 1 Soviet International Law Today: An Elastic Dogma Major Eugene D. Fryer.. .............................. 21 The Seizure and Recovery of the S.S. Mayaguez: A Legal Analysis of United States Claims: Part 2 Major Thomas E. Behuniak ............................ 59 BOOK REVIEWS Sea Power and the Law of the Sea: The Need for a Contextual Approach Reviewed by Professor George K. Walker.. ............. 131 Three SIPRI Publications Reviewed by Major James A. Burger ................... 167 PUBLICATIONS RECEIVED AND BRIEFLY NOTED .... 175 INDEX FOR VOLUME 83.. ............................... 191 iii AN INTERNATIONAL LAW SYMPOSIUM: PART I1 INTRODUCTION This volume completes the two-volume symposium which started with volume 82. Volume 82 opened with the transcript of a panel discussion on new developments in the law of war. It continued with the first part of a major article by Major Thomas E. Behuniak on the seizure and recovery of the merchant vessel Mayaguez. That article is com- pleted in the present volume. Volume 82 also presented an article by Captain Coil on war crimes during the American Revolution, and a review by Major Norman Cooper and Major James Burger on the book Just aizd UTtjust Wnrs. The present volume opens with a lecture delivered by Professor John N. Hazard at The Judge Advocate General’s School during 1978. In this lecture, Professor Hazard reviews the various sources and types of pressures for change which have been exerted on in- ternational law during recent decades. Professor Hazard notes that, as a matter of history, international law and related old structures and institutions have often been suc- cessful in accommodating new demands. He cautions that some pressures should be resisted. However, he is optimistic overall that desirable pragmatic compromises can be worked out in the future. This will be true especially if the United States avoids an isolationist stance and participates actively in the shaping of inter- national law and relations. Professor Hazard’s lecture, dealing as it does with new develop- ments in international law in general, may be considered a compan- ion piece for the panel discussion on new developments in the law of war which was presented in volume 82. Professor Hazard is a noted authority on Soviet concepts of inter- national law. These concepts, and socialist concepts in general, are among the sources of pressure for change in international law which he recognizes in his lecture. Because of this, it is appropriate to iv 19791 INTERNATIONAL LAW SYMPOSIUM: PART I1 include in volume 83 an article by Major Eugene Fryer which pro- vides an overview of Soviet international law today. Major Fryer briefly examines the evolution of Soviet ideas on in- ternational law, with emphasis on the work of the scholar G. I. Tun- kin. He then describes some of the distinctive features of contem- porary Soviet international law, such as peaceful coexistence and socialist internationalism. Major Fryer concludes that Soviet ideas concerning international law have matured and are entitled to be taken seriously in the West. The law of forcible self-help is one area of international law which has been undergoing great change, under the pressures of ideology and economics exerted by great powers and third-world states alike. However, part 2 of Major Behuniak’s article, dealing with the national right of self-defense, points out an area of law which has not undergone as much change as would perhaps be desirable. In part 1 of his article on legal justifications for United States action in the Mayaguez incident, Major Behuniak set forth three major legal arguments and provided his evaluation of their merits. In part 2, he continues with a description of the fourth and last major claim. The United States asserted that it was acting in self-defense, doing what it considered necessary to protect United States nation- als and their property abroad. The Government further asserted that the specific measures employzd in the recovery operations were legally acceptable, both as to types and as to amounts of force used. Major Behuniak concludes that the self-defense rationale is sus- tainable under international law. If the United Nations Charter had been implemented as its authors originally visualized, national self- defense measures would be unnecessary and could without harm be declared illegal. However, that state of affairs does not exist. Major Behuniak concludes also that the measures employed are defensible, except for the aerial bombardment of the Cambodian mainland. Volume 83 concludes with two book reviews. The first of these V MILITARY LAW REVIEW [VOL. 83 was prepared by Professor George K. Walker, discussing Sea Power aud the Law of the Sea, by Mark W. Janis. Again, this re- view serves to emphasize the continuing importance of the law of the sea, and the many changes which have taken place in that area of law under the pressure of new military and political realities.
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