Duquesne Law Review


In recent months, critics of United States assistance to the Republic of Viet Nam have increasingly used legal arguments in their attacks on that assistance. They have asserted that the United States presence and activities in Viet Nam violate general principles of international law and the United Nations Charter. In support of these assertions, they argue that the Republic of Viet Nam is not a state, that the United States is merely intervening in a civil war, and that this intervention neither qualifies as self-defense under Article 51 of the United Nations Charter nor is otherwise legally justified. Although there is certainly room for choice and disagreement among the available policy alternatives, these legal arguments substantially misstate the case.

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