Word: novogrod
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Dates: during 1960-1969
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...University Law School started a seminar on the subject for third-year men this semester. Students have also been probing Viet Nam on their own. The most extensive effort so far is a new book, Law and Viet Nam, by two 1967 Yale Law graduates, Roger Hull and John Novogrod...
...South Viet Nam are actually one state. The Lawyers' Committee on American Policy Toward Viet Nam, among other antiwar groups, argues that the two Viet Nams were artificially separated by the 1954 Geneva accords, and that the separation amounts to nothing but a legal fiction. Hull and Novogrod point out that in 1946, "the French recognized Ho Chi Minh's 'Republic of Viet Nam' (covering Viet Nam north of the 16th parallel) as a free state." As for South Viet Nam, it had been accepted by a majority of the U.N. General Assembly as a "peace...
...authors then document the North's aid to and control of the Viet Cong and conclude that it is a war of aggression to which the U.S. may respond. But even if it were only an internal conflict within South Viet Nam, Hull and Novogrod report that accepted international law says that any country, if asked, may aid the existing government; no country may aid the insurgent. "Admittedly," say the authors, "existing law favors the established government. Admittedly too, at a time when many areas of the world are attempting to break the shackles of colonialism, this result...
Quiet Objection. How about U.S. law? Hull and Novogrod submit that although the Constitution gives Congress the sole right to declare war, the key word is "declare." The drafters rejected a proposed constitutional phrase giving Congress the right to "make" war. "Declare" was substituted, and, say the authors, "clearly the framers intended to give the President the power to meet a sudden attack without a congressional declaration of war." In addition, Congress has ratified the SEATO Treaty, which provides for aid to member nations threatened by external forces, and it has passed the Tonkin Resolution, which even Senator William Fulbright...
Hull, now a Wall Street lawyer, and Novogrod, soon to receive a Navy commission, are still neither full-feathered hawks nor doves, but their book firmly concludes that U.S. assistance to South Viet Nam is legal...