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Abstract

(Results of a Short Seminar in International Law, Spring 1954, College of Law, University of Nebraska, under the supervision of Professor Willard B. Cowles.)

At its Seventh Session (1952) the General Assembly of the United Nations adopted a resolution establishing a fifteen member Special Committee on the Question of Defining Aggression. The resolution assumed that a definition of the term "aggression" would be adopted by the General Assembly at its Ninth Session (Autumn, 1954). During the 1953 Summer Sessions of this Committee, twelve of the fifteen States favored the adoption of a definition. The United States was one of three States which opposed formulating any definition. There is much to be said against the adoption of any definition of the term "aggression" at this time. It is the view of the seminar that the best approach to the matter would be to prick out the meaning of "aggression” from case to case. The proposed definition which follows is set forth, not because this group believes the time is ripe for a definition, but for what it may be worth in case some definition of the term is in fact to be adopted shortly by the General Assembly.

The seminar makes no attempt here to define "aggression" generally, but only "aggression" within our understanding of the meaning of that term as used in the United Nations Charter.

Basic Considerations …

Proposed Definition …

Commentary on the Definition …

A. State …

B. Intended …

C. Contribute To …

D. Results In …

E. Substantial Encroachment …

F. Independence …

G. Right to be Free from Political Repression …

Points Considered But Not Included …

1. War-like Action …

2. Initiated, Inspired …

3. Aids …

4. Pursuant to a National Policy …

5. Threat to the Peace, Breach of the Peace …

6. Sovereign Equality, Territorial Integrity …

7. Self-Defense ...

Dissenting Opinion of Harry F. Cunningham …

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