Stimson Doctrine

Last updated
U.S. Secretary of State Henry L. Stimson. Henry Stimson, Harris & Ewing bw photo portrait, 1929.jpg
U.S. Secretary of State Henry L. Stimson.

The Stimson Doctrine is the policy of nonrecognition of states created as a result of a war of aggression. [1] [2] [3] The policy was implemented by the United States government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of nonrecognition of international territorial changes imposed by force. The doctrine was an application of the principle of ex injuria jus non oritur . [4] Since the entry into force of the UN Charter, international law scholars have argued that states are under a legal obligation not to recognize annexations as legitimate, [5] but this view is controversial and not supported by consistent state practice. [6]

Named after Henry L. Stimson, United States Secretary of State in the Hoover administration (1929–1933), the policy followed Japan's unilateral seizure of Manchuria in northeastern China following action by Japanese soldiers in Shenyang on September 18, 1931. [7] The doctrine was also invoked by US Under-Secretary of State Sumner Welles in the Welles Declaration on July 23, 1940, which announced nonrecognition of the Soviet annexation and incorporation of the three Baltic states: Estonia, Latvia, and Lithuania. [8] This remained the official US position until the Baltic states regained independence in 1991.

It was not the first time that the US had used nonrecognition as a political tool or symbolic statement. President Woodrow Wilson had refused to recognize the Mexican Revolutionary governments in 1913 and Japan's 21 Demands upon China in 1915. [9]

The Japanese invasion of Manchuria in late 1931 placed Stimson in a difficult position. It was evident that appeals to the spirit of the Kellogg–Briand Pact had no impact on either the Chinese or the Japanese, and Stimson was further hampered by President Herbert Hoover's clear indication that he would not support economic sanctions as a means to bring peace in the Far East. [10]

On January 7, 1932, Stimson sent similar notes to China and Japan that incorporated a diplomatic approach that had been used by earlier secretaries facing crises in the Far East. Later known as the Stimson Doctrine or sometimes the Hoover-Stimson Doctrine the notes read in part as follows:

[T]he American Government deems it to be its duty to notify both the Imperial Japanese Government and the Government of the Chinese Republic that it cannot admit the legality of any situation de facto nor does it intend to recognize any treaty or agreement entered into between those Governments, or agents thereof, which may impair the treaty rights of the United States or its citizens in China, including those that relate to the sovereignty, the independence, or the territorial and administrative integrity of the Republic of China, or to the international policy relative to China, commonly known as the open door policy; and that it does not intend to recognize any situation, treaty, or agreement which may be brought about by means contrary to the covenants and obligations of the Pact of Paris of August 27th, 1928, to which treaty both China and Japan as well as the United States are parties. [11]

Stimson had stated that the United States would not recognize any changes made in China that would curtail American treaty rights in the area, that the "open door" must be maintained, and would refuse any legitimacy to territorial changes made in violation of the 1928 Pact. The declaration had few material effects on the Western world, which was burdened by the Great Depression, and Japan went on to establish a puppet state in Manchuria and later bomb Shanghai. [10] The doctrine was criticized on the grounds that its only effect was to alienate the Japanese. [12]

The Stimson Doctrine, originally intended only as a political declaration, attracted the attention of the League of Nations, which adopted a resolution on March 11, 1932 that "it is incumbent upon members of the League of Nations not to recognize any situation, treaty or agreement which may be brought about by means contrary to the Covenant of the League of Nations or the Pact of Paris." It also acquired legal force for the members of the Organization of American States after it was included in the Saavedra Lamas Treaty and the Montevideo Convention of 1933, later followed by the Charter of the Organization of American States of 1948. [5]

After the entry into force of the UN Charter, international law establishes a general prohibition on the use of force. Consequently, international legal doctrine argues that annexations are illegal, and states are under a legal obligation to comply with the Stimson Doctrine by not recognizing as legitimate territorial changes made through annexations. [5] This view, however, is controversial and not supported by consistent state practice. [6]

Related Research Articles

<span class="mw-page-title-main">Kellogg–Briand Pact</span> 1928 international agreement

The Kellogg–Briand Pact or Pact of Paris – officially the General Treaty for Renunciation of War as an Instrument of National Policy – is a 1928 international agreement on peace in which signatory states promised not to use war to resolve "disputes or conflicts of whatever nature or of whatever origin they may be, which may arise among them". The pact was signed by Germany, France, and the United States on 27 August 1928, and by most other states soon after. Sponsored by France and the U.S., the Pact is named after its authors, United States Secretary of State Frank B. Kellogg and French foreign minister Aristide Briand. The pact was concluded outside the League of Nations and remains in effect.

<span class="mw-page-title-main">Henry L. Stimson</span> American general, Secretary of War, and statesman (1867–1950)

Henry Lewis Stimson was an American statesman, lawyer, and Republican Party politician. Over his long career, he emerged as a leading figure in U.S. foreign policy by serving in both Republican and Democratic administrations. He served as Secretary of War (1911–1913) under President William Howard Taft, Secretary of State (1929–1933) under President Herbert Hoover, and again Secretary of War (1940–1945) under Presidents Franklin D. Roosevelt and Harry S. Truman, overseeing American military efforts during World War II.

<span class="mw-page-title-main">Sphere of influence</span> Political concept

In the field of international relations, a sphere of influence (SOI) is a spatial region or concept division over which a state or organization has a level of cultural, economic, military, or political exclusivity.

The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles. The interdiction of territorial conquests was confirmed and broadened by the UN Charter, which provides in article 2, paragraph 4, that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations." Nations that have resorted to the use of force since the Charter came into effect have typically invoked self-defense or the right of collective defense.

<span class="mw-page-title-main">Occupation of the Baltic states</span>

The occupation of the Baltic states was a period of annexation of Estonia, Latvia and Lithuania by the Soviet Union from 1940 until its dissolution in 1991. For a brief period, Nazi Germany occupied the Baltic states after it invaded the Soviet Union in 1941.

<span class="mw-page-title-main">Diplomatic recognition</span> Political act where a state acknowledges an act or status of another state/government

Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state. Recognition can be accorded either on a de facto or de jure basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognise a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member.

<span class="mw-page-title-main">Outer Manchuria</span> Historical region in Northeast Asia

Outer Manchuria, sometimes called Russian Manchuria, refers to a region in Northeast Asia that is now part of the Russian Far East but historically formed part of Manchuria. While Manchuria now more normatively refers to Northeast China, it originally included areas consisting of Priamurye between the left bank of Amur River and the Stanovoy Range to the north, and Primorskaya which covered the area in the right bank of both Ussuri River and the lower Amur River to the Pacific Coast. The region was ruled by a series of Chinese dynasties and the Mongol Empire, but control of the area was ceded to the Russian Empire by Qing China during the Amur Annexation in the 1858 Treaty of Aigun and 1860 Treaty of Peking, with the terms "Outer Manchuria" and "Russian Manchuria" arising after the Russian annexation.

<span class="mw-page-title-main">Causes of World War II</span>

The causes of World War II have been given considerable attention by historians. The immediate precipitating event was the invasion of Poland by Nazi Germany on September 1, 1939, and the subsequent declarations of war on Germany made by Britain and France, but many other prior events have been suggested as ultimate causes. Primary themes in historical analysis of the war's origins include the political takeover of Germany in 1933 by Adolf Hitler and the Nazi Party; Japanese militarism against China, which led to the Japanese invasion of Manchuria and the Second Sino-Japanese War; Italian aggression against Ethiopia, which led to the Second Italo-Ethiopian War; or military uprising in Spain, which led to the Spanish Civil War.

<span class="mw-page-title-main">Timeline of events preceding World War II</span>

This timeline of events preceding World War II covers the events that affected or led to World War II.

<span class="mw-page-title-main">Nine-Power Treaty</span> 1922 treaty affirming the sovereignty and territorial integrity of China

The Nine-Power Treaty or Nine-Power Agreement was a 1922 treaty affirming the sovereignty and territorial integrity of the Republic of China as per the Open Door Policy. The Nine-Power Treaty was signed on 6 February 1922 by all of the attendees to the Washington Naval Conference: Belgium, China, France, the United Kingdom, Italy, Japan, the Netherlands, Portugal, and the United States.

<span class="mw-page-title-main">Nelson T. Johnson</span> American diplomat (1887–1954)

Nelson Trusler Johnson was an American diplomat who served as the US Minister to China from 1929 to mid-September 1935. Then, until 1941, he was US Ambassador to the Republic of China and then to Australia from 1941 to 1945.

<span class="mw-page-title-main">Nanshin-ron</span> Imperial Japanese political doctrine emphasizing expansion into Southeast Asia and Oceania

Nanshin-ron was a political doctrine in the Empire of Japan that stated that Southeast Asia and the Pacific Islands were Japan's sphere of interest and that their potential value to the Empire for economic and territorial expansion was greater than elsewhere.

<span class="mw-page-title-main">State continuity of the Baltic states</span> Legal continuity of Estonia, Latvia, and Lithuania

The three Baltic countries, or the Baltic states – Estonia, Latvia, and Lithuania – are held to have continued as independent states under international law while under Soviet occupation from 1940 to 1991, as well as during the German occupation in 1941–1944/1945. The prevailing opinion accepts the Baltic thesis that the Soviet occupation was illegal, and all actions of the Soviet Union related to the occupation are regarded as contrary to international law in general and to the bilateral treaties between the USSR and the three Baltic countries in particular.

<span class="mw-page-title-main">Annexation</span> Concept in political science

Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from the complete conquest of another country, and differs from cession, in which territory is given or sold through treaty.

<span class="mw-page-title-main">Baltic–Soviet relations</span> International relations between Baltic states and Soviet Union

Relevant events began regarding the Baltic states and the Soviet Union when, following Bolshevist Russia's conflict with the Baltic states—Lithuania, Latvia and Estonia—several peace treaties were signed with Russia and its successor, the Soviet Union. In the late 1920s and early 1930s, the Soviet Union and all three Baltic States further signed non-aggression treaties. The Soviet Union also confirmed that it would adhere to the Kellogg–Briand Pact with regard to its neighbors, including Estonia and Latvia, and entered into a convention defining "aggression" that included all three Baltic countries.

<span class="mw-page-title-main">Welles Declaration</span> 1940 U.S. diplomatic statement condemning the Soviet occuption of the Baltic states

The Welles Declaration was a diplomatic statement issued on July 23, 1940, by Sumner Welles, the acting US Secretary of State, condemning the June 1940 occupation by the Soviet army of the three Baltic countries – Estonia, Latvia, and Lithuania – and refusing to diplomatically recognize their subsequent annexation into the Soviet Union. It was an application of the 1932 Stimson Doctrine of nonrecognition of international territorial changes that were executed by force and was consistent with US President Franklin Roosevelt's attitude towards violent territorial expansion.

The Sovietization of the Baltic states is the sovietization of all spheres of life in Estonia, Latvia and Lithuania when they were under control of the Soviet Union. The first period deals with the occupation from June 1940 to July 1941, followed by the German occupation during World War II. The second period of occupation covers 1944 when the Soviet forces pushed the Germans out, until the end of the Soviet occupation in 1991 when the three countries restored full independence.

<span class="mw-page-title-main">History of U.S. foreign policy, 1913–1933</span>

The history of U.S. foreign policy from 1913–1933 covers the foreign policy of the United States during World War I and much of the Interwar period. The administrations of Presidents Woodrow Wilson, Warren G. Harding, Calvin Coolidge, and Herbert Hoover successively handled U.S. foreign policy during this period.

<span class="mw-page-title-main">Soviet involvement in regime change</span>

Soviet involvement in regime change entailed both overt and covert actions aimed at altering, replacing, or preserving foreign governments. In the 1920s, the nascent Soviet Union intervened in multiple governments primarily in Asia, acquiring the territory of Tuva and making Mongolia into a satellite state. During World War II, the Soviet Union helped overthrow many puppet regimes of Nazi Germany and the Empire of Japan, including in East Asia and much of Europe. Soviet forces were also instrumental in ending the rule of Adolf Hitler over Germany.

<span class="mw-page-title-main">Foreign policy of Herbert Hoover</span>

Foreign policy of Herbert Hoover covers the international activities and policies of Herbert Hoover for his entire career, with emphasis to his roles from 1914 to 1933.

References

  1. ↑ States in international law, by Encyclopædia Britannica.
  2. ↑ O’Mahoney, Joseph (2018). Denying the Spoils of War: The Politics of Invasion and Non-recognition. Edinburgh University Press. ISBN   978-1-4744-3443-0. JSTOR   10.3366/j.ctt1tqx9nb.
  3. ↑ O’Mahoney, Joseph (2014-09-01). "Rule tensions and the dynamics of institutional change: From 'to the victor go the spoils' to the Stimson Doctrine". European Journal of International Relations. 20 (3): 834–857. doi:10.1177/1354066113483781. ISSN   1354-0661. S2CID   145748179.
  4. ↑ Bin Cheng, Georg (FRW) Schwarzenberger (2006). General principles of law as applied by international courts and tribunals. Cambridge University Press. ISBN   978-0-521-03000-7.
  5. 1 2 3 Hofmann, Rainer (2020). "Annexation". Max Planck Encyclopedias of International Law.
  6. 1 2 Turns, D. (2003-01-01). "The Stimson Doctrine of Non-Recognition: Its Historical Genesis and Influence on Contemporary International Law". Chinese Journal of International Law. 2 (1). Oxford University Press (OUP): 105–143. doi:10.1093/oxfordjournals.cjilaw.a000464. ISSN   1540-1650.
  7. ↑ "Stimson Doctrine, 1932". United States Department of State . Retrieved 2009-05-02.
  8. ↑ John Hiden; Vahur Made; David J. Smith (2008). The Baltic question during the Cold War. Routledge. ISBN   978-0-415-37100-1.
  9. ↑ Securing Japan: Tokyo's Grand Strategy and the Future of East Asia, Author=Richard J. Samuels[ full citation needed ]
  10. 1 2 George C. Herring (2008). From Colony to Superpower: U.S. Foreign Relations Since 1776. Oxford University Press US. ISBN   978-0-19-507822-0.
  11. ↑ Reginald G. Bassett (1968). Democracy and Foreign Policy. Routledge. ISBN   978-0-7146-2209-5.
  12. ↑ Marc S. Gallicchio (1988). The Cold War Begins in Asia. Columbia University Press. ISBN   978-0-231-06502-3.

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.