d e v e l o p m e n t o f i n t e r nat i o na l l aw
35
The concept was regarded as based on specific trends of laws of societal
development and as a specific form of class struggle between socialism and
capitalism, one in which armed conflict is precluded.
117
It was an attempt,
in essence, to reiterate the basic concepts of international law in a way that
was taken to reflect an ideological trend. But it must be emphasised that
the principles themselves have long been accepted by the international
community.
While Tunkin at first attacked the development of regional systems of
international law, he later came round to accepting a socialist law which
reflected the special relationship between communist countries. The So-
viet interventions in eastern Europe, particularly in Czechoslovakia in
1968, played a large part in augmenting such views.
118
In the Soviet view
relations between socialist (communist) states represented a new, higher
type of international relations and a socialist international law. Common
socio-economic factors and a political community created an objective
basis for lasting friendly relations whereas, by contrast, international cap-
italism involved the exploitation of the weak by the strong. The principles
of socialist or proletarian internationalism constituted a unified system of
international legal principles between countries of the socialist bloc aris-
ing by way of custom and treaty. Although the basic principles of respect
for state sovereignty, non-interference in internal affairs and equality of
states and peoples existed in general international law, the same princi-
ples in socialist international law were made more positive by the lack of
economic rivalry and exploitation and by increased co-operation. Accord-
ingly, these principles incorporated not only material obligations not to
violate each other’s rights, but also the duty to assist each other in enjoying
and defending such rights against capitalist threats.
119
The Soviet emphasis on territorial integrity and sovereignty, while de-
signed in practice to protect the socialist states in a predominantly cap-
italist environment, proved of great attraction to the developing nations
of the Third World, anxious too to establish their own national identities
and counteract Western financial and cultural influences.
117
Tunkin, ‘Soviet Theory’, pp. 35–48. See also F. Vallat, ‘International Law – A Forward
Look’, 18 YBWA, 1964, p. 251; J. Hazard, ‘Codifying Peaceful Co-existence’, 55 AJIL, 1961,
pp. 111–12; E. McWhinney,
Do'stlaringiz bilan baham: