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The Place of International Law in State Behaviour During the Korean War

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Chapter Summary

This chapter provides a brief account of the historical context of the Korean War, and investigates the historical record regarding the influence of international law on US foreign policy decision-making and international diplomacy during the Korean War. It examines the responses of the communist alliance to US legal rhetoric as evidenced in the public diplomacy undertaken by North Korean, People's Republic of China (PRC) and Soviet representatives during the Korean War. The chapter then compares the historical record with existing empirical literature on the Korean War and its theoretical underpinnings so as to assess whether the theoretical assumptions underpinning existing empirical literature hold up when compared to the historical record. Finally the historical record is examined from an International Law as Ideology (ILI) perspective to assess the efficacy of an ILI approach in understanding the place of international law in State behaviour during the Korean War.

Keywords:communist alliance; decision-making; empirical literature; historical record; international diplomacy; International Law as Ideology (ILI) perspective; Korean War; State behaviour; US foreign policy



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