Disarmament Inspection under Soviet Law

Disarmament Inspection under Soviet Law

Disarmament Inspection under Soviet Law

Disarmament Inspection under Soviet Law

Excerpt

This book is addressed to those who are interested in disarmamentincluding any measure to control the use, manufacture, stockpiling, or testing of arms; it is also addressed to those who are interested in the broader question of the kinds of changes that would be required in the major legal systems of the world in order to support the intense international cooperation that disarmament presupposes.

American proposals for extensive arm control or disarmament agreements have generally included provisions for inspection in the Soviet Union by an international organization or by the non-Soviet party or parties to the agreement, in order to verify compliance. Little attention has been given, however, to the fact that any on-site or aerial inspection would inevitably bring non-Soviet citizens -- inspectors -- into contact with Soviet law, and that this in turn would raise a number of serious questions concerning both the rights of the inspectors and the rights of Soviet citizens. An excellent book has been written by Louis Henkin dealing with the problems that would be created under American law by international inspection; the present work, although it is much less detailed than Professor Henkin's, is offered partly as a companion-piece and as a step toward a comparative study of the practicality of international inspection from a legal point of view.

We know how difficult it is to keep peace even within our own country, with its common traditions and its common goals. We demand police protection -- and complain bitterly about police abuse. How would we respond, then, if an international inspectorate made up of Soviet, African, German, Chinese, and other members, were to search American homes and factories, seize American property, and interrogate American citizens, for the purpose of determining whether weapons had been illegally manufactured or stored? Should there be no limits on their powers? On the other hand, how could their effectivenes and their safety be guaranteed? It is with these two questions that Professor Henkin's book was chiefly concerned.

Suppose the international inspectorate goes to the Soviet Union: the two questions remain, though one is tempted to put them in reverse order.

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