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The Pueblo Crisis: Some Critical Reflections

Published online by Cambridge University Press:  27 February 2017

William E. Butler
William E. Butler*
Affiliation:
Harvard Law School
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Abstract

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Type
Perspectives for International Legal Development
Information
Proceedings of the American Society of International Law at its annual meeting (1921-1969) , Volume 63 , 1969 , pp. 7 - 13
Copyright
Copyright © American Society of International Law 1969

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References

1 See the telegram from Secretary of State Busk to all diplomatic posts, Feb. 8, 1968, in 62 A.J.I.L. 756 (1968).

2 450 U.N. Treaty Series 82; 52 A.J.I.L. 842 (1958).

3 Translated in W. E. Butler, The Law of Soviet Territorial Waters 126 (1967).

4 See, for example, the monograph by Fu Chu, Concerning the Question of Our Country's Territorial Sea (1959), which has been translated in full by Dr. Hungdah Chiu (unpublished manuscript).

5 Examples of Soviet reporting are: V. Chernov, “Background to the Pueblo Affair,” New Times, No. 5 (1968), pp. 2–5; “The Pueblo Incident,” ibid., No. 9 (1968). p. 13.

6 One example is the Air Defense Identification Zone, enforced by the United States, and analogous areas created by other states.

7 A recent example is the TAS8 communication closing portions of the Pacific Ocean twelve hours daily from April 17 to June 15, 1969, by reason of missile testing. See Izvestia, April 18, 1969, p. 3.

8 The decree, still in force, is translated in Butler, op. cit. at 97.

9 New York Times, June 12, 1968, p. 1.

10 Ibid., Jan. 25, 1968, p. 1. Although the Soviet representative, P. Morozov, cited 800 instances of violations of North Korean territorial waters during debate in the United Nations, he did not specify who allegedly committed those violations. Ibid., Jan. 27, 1968, p. 1.

11 Ibid., Sept. 13, 1968, p. 20.

12 516 U.N. Treaty Series 205; 52 A.J.I.L. 834 (1958).

13 [1953] 1. U. S. Treaties 443, T.I.A.S., No. 2782; 47 A.J.I.L. Supp. 186 (1953).

14 In 1954 a Soviet jurist reported that North Korea had not promulgated new legislation on the breadth of territorial waters. See A. N. Nikolaev, Problema territorial'nykh vod v mezhdunarodnom prave [The Problem of Territorial Waters in International Law] 287 (1954). In 1961 another Soviet jurist listed North Korea as having a 12-mile belt of territorial waters measured from the shore line. See A. L. Kolodkin, Pravovoi rezhim territorial'nykh vod i otkrytogo moria [Legal Regime of Territorial Waters and the High Seas] 143 (1961).

15 The documents relating to the release of the crew of the Pueblo appear in 63 A.J.I.L. 682 (1969), and in 8 Int. Legal Materials 198–199 (1969).