SOVIET THEORY OF INTERNATIONAL LAW IN GENERAL
THEORETICALLY the communist conception of law as a law of inequality, of the state as a struggle of classes, and of international relations as a mutual coöperation of toiling masses in their common opposition to capitalism, results in a novel interpretation of international law as a provisional inter-class law which aims to further the interests of organized national laboring classes in their common struggle for proletarian world supremacy. Thus defined, international law does not fall within the scope of so- called natural law, nor is it a strictly legal science. It is not applicable to the intercourse of states exclusively, yet it does not allow individuals to become the sole persons in international law. The applicability of international law thus defined to the unprecedented circumstances in which the Soviet Union finds itself today, can be tested only by a further study of the actual position assumed by the Soviets towards the more important problems of international law.
Communist Conception of International Law
There are two major schools of thought regarding the genesis of international law: that of the naturalists and that of the positivists. The former derive the law of nations from precepts of natural law binding upon all mankind because of their innate sanctity. Such a theory is incompatible with the Marxian political philosophy, because for a Marxist it is impossible to conceive of an ideal law uniform for all classes. The latter look to the actual practices of nations and build up international law much as the common law of England evolved from current, well-estabblished practices. This theory of the historical school has apparently been accepted by way of compromise as a point of departure for communist innovations in the science of international law. Even this has been possible only upon condition that
Genesis of International Law