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19 - Protecting Sovereignty

Published online by Cambridge University Press:  27 July 2009

John Quigley
Affiliation:
Ohio State University School of Law
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Summary

As the soviet union came into cold war conflict with the West, it found itself in a minority among the major powers. The Soviet Union was isolated in a world dominated by powers hostile to it. The Soviet government viewed itself as being “encircled” by the capitalists. That situation gave an incentive to insist on defense of sovereignty. In international fora such as the United Nations, this minority posture inclined the Soviet government to seek protection from majoritarian initiatives. The sense of being encircled and the greater physical and political power of the West inclined it to protect its territory from any encroachment. The Soviet government urged doctrines that would ensure against territorial intrusions, both with respect to its own territory and the territory of other states where it vied with the West for influence.

Reservations to multilateral treaties

The Soviet Union's minority position in the United Nations made it a champion of preserving state sovereignty vis-à-vis UN procedures. When the International Court of Justice was set up as part of the United Nations, it was contemplated that most states would submit themselves to mandatory adjudication, so that the Court would become a forum for resolving major disputes between states.

To the Soviet Union, however, the Court was populated by capitalist judges, and hence not a friendly forum. Under the Court's founding statute, a state would be subject to the Court's automatic jurisdiction only if it filed a declaration to that effect.

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Publisher: Cambridge University Press
Print publication year: 2007

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  • Protecting Sovereignty
  • John Quigley
  • Book: Soviet Legal Innovation and the Law of the Western World
  • Online publication: 27 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511219.020
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  • Protecting Sovereignty
  • John Quigley
  • Book: Soviet Legal Innovation and the Law of the Western World
  • Online publication: 27 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511219.020
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Protecting Sovereignty
  • John Quigley
  • Book: Soviet Legal Innovation and the Law of the Western World
  • Online publication: 27 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511219.020
Available formats
×