Beruflich Dokumente
Kultur Dokumente
COLLECTIVE SECURITY
SYSTEM
Submission To: -
Submitted By:-
ANKIT SHARMA
II SEM (A)
ROLL NO. 10
CERTIFICATE
This to certify that ANKIT SHARMA, student of B.A LL.B of S.S Jain Subodh Law College,
Jaipur has completed his project on COLLECTIVE SECURITY SYSTEM under the guidance of
Prof. Rajni khandewal, Assistant Professor of political science, College of Law, S.S Jain Subodh
Law College.
This project is an original, independent work to the best of my knowledge and has not been
published anywhere and has been pursued solely for academic interest.
SIGNATURE OF TEACHER
ACKNOWLEDGEMENT
This project is incomplete without thanking a few people who have been my pillar of support
throughout this work. I owe my gratitude to all those people who have made this project
possible.
I take this opportunity to express our humble gratitude and personal regards to Prof. Rajni
khandewal, inspiring me and guiding me during the course of this project work and also for his
cooperation and guidance from time to time during the course of this project work on the topic.
Finally, I would like to thank everybody who was important to the successful completion of my
dissertation, as well as expressing my apology that I could not mention everyone personally.
ANKIT SHARMA
SEM: - II
INDEX
1. INTRODUCTION..
2. COLLECTIVE SECURITY: NATURE & ESSENTIAL IMPICATIONS..
3. BASIC ASSUMPTION & REQUIREMENTS..
4. OBJECTIVE REQUIREMENTS..
5. COLLECTIVE SECURITY UNDER LEAGUE OF NATIONS
6. GUARANTEES AGAINST AGGRESSION
7. ACTION IN CASE OF WAR OR THREAT OF WAR..
8. DISPUTES TO BE SUBMITTED FOR SETTLEMENT
9. ARBITRATION OR JUDICIAL SETTLEMENT..
10. SANCTIONS OF PACIFIC SETTLEMENT
11. EFFORTS FOR COLLECTIVE SECURITY AFTER ESTABLISHMENT OF THE
LEAGUE OF NATIONS.
12. CAUSES OF THE FAILURE OF COLLECTIVE SECURITY BY THE LEAGUE
OF NATIONS.
13. COLLECTIVE SECURITY UNDER THE UNITED NATIONS..
14. WORKING OF COLLECTIVE SECURITY UNDER THE UNITED
NATIONS.
15. THE CHIFE DEFECTS OF THE COLLECTIVE SECURITY.
INTRODUCTION:
In very simple terms, the term collective security has been defined as a machinery for joint
action in order to prevent or counter any attack against an established international order. That
is, it implies a collective action of many peace-loving states to check an act of aggression that
might become a source of menace to all. Thus, it suggests the concern of all nations which will
take care collectively of the security of each of them as though their own collective security were
at stake.In order words, a collective action of the peace-loving states for the prevention of war
amounting to the maintenance of international peace is known by the name of collective
security. In essence, collective security is an arrangement among states in which all promise, in
the event any member of the system engages in certain prohibited acts against another member,
to come to the latters assistance. It may, in addition, aim to prevent or punish attacks by nonmembers on one another, members on non-members, and non-members on one of its own
members.
If so, the term collective security has some important implications that may be enumerated as
under:
1. The rock bottom principle upon which collective security is founded provides that an attack on
any state will be regarded as an attack on all states. It finds its measure in the simple doctrine of
one for all, and all for one.
2. It should be obvious that resorts to the courses of either self-helpor neutrality are the antitheses of the arrangement of collective security. The states taking to the way of neutrality are
impartial when a conflict breaks out, they may give blessings to the combatants to fight it out; or
they may defer their judgments regarding the justice or injustice of the cause involved. Similarly,
the recourse to self-help, as occurred in the pre-War period, stands against the principle of
collective security. The peace-loving states are expected to abandon the ways of neutrality and
self-help in view of the fact that in a more integral world environment, a conflict occurring
anywhere has its definite effon the conditions of peace everywhere. A disturbance at one point
upsets the equilibrium at all other points, and the adjustment of a single conflict restores the
foundations of harmony at other points throughout the world.
3. Through the action of police or fire brigades on a world scale, the collective security has as its
goal two comparable objectives. It would prevent war by providing a deterrent to aggression. It
would defend the interests of the peace-loving states in war, if it came, by concentrating a
preponderance of power against the aggressor. If war comes, the security system, by pooling
resources, defends its interests against any nation which threatens to undermine it, by swallowing
up one of its members. Besides suggesting the inherent characteristics of the theory of collective
security, Thompson also tells us about its basic assumptions and requirements.
Objectives Requirements
1. For collective security, there must be many powerful states.
2. Collectives security demands universal membership of all the states.
3. It demands compulsory membership of the major power.
4. It demands disarmament for equal distribution of power.
5. It demands greater economic interdependence among states.
6. It demands a legal institution empowered to enforce collective security.
7. Such an institution or organization should be based on the principle of peace.
offence against the world community and thus all should be equally interested in and committed
to penalising the offender. In the civilized international society it is not expected of the states to
rely on their own physical power so as to enforce their rights or to protect their rightful claims. In
fact, the use of private force for the enforcement of ones claims is treated as something which is
in itself a serious crime against the community as it strikes at the root of civilized life. The
disturbance of public peace by resort to private force, whatever the rights and wrongs of a
particular dispute may be, is an offence against the community. For this very sake, the principle
of collective security has been decised that, in very clear terms, implies commitments to resist
aggression on the part of all states, regardless of whether their immediate national interests are
affected. Unless the aggressor is faced with the united opposition of the whole community of
nations, he will not be deterred from aggression, nor can his aggression be stopped.
The implementation of the principle of collective security may assume different forms keeping
which in view some theories have been formulated as under.
1 The ideal theory of collective security {as given by Omganski} rests on five assumptions. First,
in any armed conflict, all nations will agree on which combatant is the aggressor. Thus, rapid and
united action will follow against the aggressor. Second, all nations are equally interested in a
topping aggression from whatever source it comes. Third, all nations are equally free and able to
join in action against the aggressor. Fourth, combined power of collectivity, i.e., of all the peaceloving states of the world should be mobilized against the aggressor. Last, an overwhelming
power should stand ready to be used against the aggressor.
2 The diplomatic theory of collective security defines the norms, procedures and aims in terms of
the consensus among the countries. Collective security is thus a united concert of the major
powers. Modern attempts to deal with the problems of war by means of collective security
represent an alliance upon the principle of consensus in international relations. This principle
may be defined as recognition that conflict among the members of a group affects the entire
group and that a unilateral resort to violence against any member constitutes an offence against
all members. It involves the idea of organization to preserve peace.
3 The operational theory of collective security signifies the Orel of the bargaining process
involving other issues as well in this important task. It lays emphasis on international distribution
of power and convergence of widely conflicting private interests.
inquiry by the Council, and they agree in no case to resort to war until three months after the
award by the arbitrators or the judicial decision or the report by the Council.
2. In any case under this Article the award of the arbitrators or the judicial decision shall be made
within a reasonable time, and the report of the Council shall be made within six months after the
submission of the dispute.
personal intercourse between the nationals of the Covenant-breaking State and the nationals of
any other State, whether a Member of the League or not.
2. It shall be the duty of the Council in such case to recommend to the several Governments
concerned what effective military, naval or air force the Members of the League shall severally
contribute to the armed forces to be used to protect the Covenants of the League.
3. The Members of the League agree, further that they will mutually support one another in the
financial and economic measures which are taken under this Article, in order to minimize the
loss and inconvenience resulting from the above measures, and that they will mutually support
one another in resisting any special measures, aimed at one of their members by the Covenantbreaking state and that they will take the necessary steps to afford passage through their territory
to the forces of any of the Members of the League which are cooperating to protect the
Covenants of the League.
4. Any member of league which has violated any convent of the league may be declared to be no
longer a member of the league by a vote of the council concurred in by the representative pf all
the other the member of the league represented thereon.
The obligations of the league were also to apply to non-member. In case a
non-member did not accept the procedure for peaceful settlement laid down by covenant, the
council could take such measures and make such recommendations which prevented hostilities
and resulted in settlement of disputes. Thus, the covenant of the league was a pioneer move in
the direction of evolving the principal of collective security.
Jacob and Atherton pointed out the following two shortcomings;
1. Members of the league strictly limited the circumstances in which they would consider forceful
action by a state a violation of the convent and hence, unlawful. This lift large area of
permissible hostility extending to full-scale war, for which the League of Nations had no
responsibility.
2. The league lacked clear legal authority to undertake enforcement action until an act of war,
violating the covenant had actually occurred.
expected to name the aggressor within four days of the outbreak of hostilities. It was also to
indicate the measures of financial or military assistance to be given to the victim of aggression.
2. A general protocol of 1924 was signed agreeing not to resort to war except with the consent of
council or assembly. The council of the league was to decide the aggressor in doubtful case and
also apply sanctions against the aggressor.
3. The Locarno pact of 1925 provided that powers collective and severally guarantee both the
maintenance of the territorial status quo resulting from the frontiers between Germany and
Belgium and Germany and France as fixed by the treaty of Versailles. All the signatories to the
pact also pledged themselves to help the state which was the victim of aggression.
4. The Kellogg-Briand pact, (1928) solemnly declared in the name of their respective people that
they condemn recourse to war for the solution of international controversies and renounce
relations with one another.
5. The general act of 1928 was considered as the most important single effort of the league to
establish a system of collective security.
The principal of collective security can be no permanent solution to the problem of the
prevention of war. However, the principal of collective security operates to prevent recourse to
war for the solution of disputes between states and to compel recourse to pacific means. Thus,
collective security, at best, is a temporary stoppage against the immediate menace of ear.
5.
The security provisions the covenants of the league were irksome to great powers that were not
location and the nature of the facilities and assistance to be provided. The agreement or
agreement shall be negotiated as soon as possible on the initiative of the Security Council. They
shall be concluded between the Security Council and Members or between the Security Council
and groups of Members and shall be subject to ratification by the signatory states in accordance
with their respective constitutional processes. (Art.43). When the Security Council has decided to
use force it shall, before calling upon a Member not represented on it to provide armed forces in
fulfillment, of the obligations invite that Member, if the Member so desires, to participate in the
decisions of the Security Council concerning the employment of contingents of the Members
armed forces. (Art. 44). In order to enable the U.N. to take urgent military measures, Measures,
Members shall hold immediately available national air force contingents for combined
international enforcement action. The strength and degree of readiness of these contingents and
plans for their combined action shall be determined, within the limits laid down in the special
agreement or agreements, by the Security Council with the assistance of the Military Staff
Committee. (Art.45). Plans for the application of armed force shall be made by the Security
Council with the assistance of the Military Staff Committee. (Art.46). \
There shall be established a Military Staff Committee to advise and assist the Security Council
on all questions relating to the Security Council on all questions relating to the Security Council
on all questions relating to the Security Councils military requirements for the maintenance of
international peace and security, the employment and command of forces at its disposal, the
regulation of armaments, and possible disarmaments. The military Staff Committee shall consist
of the Chief of Staff of the permanent Members of the Security Council or their representatives.
Any member of the U.N. not permanently represented on the Committee shall be invited by the
Committee to be associated with it when the efficient discharge of the committees
responsibilities requires the participation of that Member in its work. The Military Staff
Committee shall be responsible under the Security Council for the strategic direction of any
armed forces placed at the disposal of the Security Council. Questions relating to the command
of such forces shall be worked out subsequently. The Military Staff Committee, with the
authorization of the Security Council and after consultation with appropriate regional agencies,
may establish regional sub-committees. (Art.47).
If preventive or enforcement measures against any State are taken by the Security Council, any
other state, whether a member of the U.N. or not, which finds itself confronted with special
economic problems arising from the carrying out of those measures shall have the right to
consult the Security Council with regard to a solution of those problems .(Art 50 ). But, probably
the most important provision of the U.N. Charter regarding Collective Security is its Article 51
which lays down, Nothing in the present Charter shall impair the inherent right of individual or
collective self-defense if an armed attack occurs against a Member of the U.N. until the Security
Council has taken the measures necessary to maintain international peace and security. Measures
taken by Members in the exercise of this right to self-defiance shall be immediately reported to
the Security Council and shall not in any way affect the authority and responsibility of the
Security Council under the present Charter to take at any time such action as it deems necessary
in order to maintain or restore international peace and security.
Bibliography
Book
S.R. Meyni