Neutrality in Contemporary International Law
Author : James Upcher
Publisher :
Page : 838 pages
File Size : 50,16 MB
Release : 2010
Category : Justice, Administration of
ISBN :
Neutrality in International Law
Author : Kentaro Wani
Publisher : Taylor & Francis
Page : 245 pages
File Size : 50,94 MB
Release : 2017-02-24
Category : Law
ISBN : 1351978551
Book Description
Neutrality is a legal relationship between a belligerent State and a State not participating in a war, namely a neutral State. The law of neutrality is a body of rules and principles that regulates the legal relations of neutrality. The law of neutrality obliges neutral States to treat all belligerent States impartially and to abstain from providing military and other assistance to belligerents. The law of neutrality is a branch of international law that developed in the nineteenth century, when international law allowed unlimited freedom of sovereign States to resort to war. Thus, there has been much debate as to whether such a branch of law remains valid in modern international law, which generally prohibits war and the use of force by States. While there has been much debate regarding the current status of neutrality in modern international law, there is a general agreement among scholars as to the basic features of the traditional law of neutrality. Wani challenges the conventional understanding of the traditional neutrality by re-examining the historical development of the law of neutrality from the sixteenth century to 1945. The modification of the conventional understanding will provide a fundamentally new framework for discussing the current status of neutrality in modern international law.
Neutrality in Contemporary International Law
Author : James Upcher
Publisher : Oxford Monographs in Internati
Page : 324 pages
File Size : 22,55 MB
Release : 2020-01-19
Category : Law
ISBN : 0198739761
Book Description
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
The International Law Concept of Neutrality in the 21st Century
Author : Alexander Spring
Publisher : Dike Publishers
Page : 0 pages
File Size : 21,64 MB
Release : 2014
Category : Neutrality
ISBN : 9783037516560
Book Description
Even though 'neutrality' - the non-participation of states in international armed conflicts - is a well-known concept of traditional international public law, its value in the 21st century is disputed. Some regard the concept as obsolete, while others still view it as an important contribution to a peaceful world. This book analyzes the contemporary international law concept of neutrality. At the heart lies the question of the present-day value of neutrality for international law. For a deeper understanding of the legal concept, a historical overview of neutrality is followed by a presentation of the different types of neutrality, along with a look at the remaining neutral states of the 21st century. An examination of the sources of neutrality law, its scope of application, as well as the detailed rights and duties of neutral States will answer the question of what it entails nowadays to be neutral in the legal sense. A clear distinction between the law and politics of neutrality is also important. Special attention is given to the traditional problem of exporting war materials, along with the newer developments of private militaries and security companies, as well as cyber warfare. The focus of the book lies on Switzerland as the archetype of a contemporary neutral state. (Series: Dike Law Books) [Subject: Public International Law, Neutrality Law, Swiss Law]
International Law Topics: Neutrality Proclamations and Regulations, with Notes, 1916 (1917)
Author :
Publisher :
Page : 156 pages
File Size : 40,34 MB
Release : 2009-03
Category : Literary Collections
ISBN : 9781104196417
Book Description
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Non-Participation in Armed Conflict
Author : Constantine Antonopoulos
Publisher : Cambridge University Press
Page : 295 pages
File Size : 48,22 MB
Release : 2022-03-03
Category : Law
ISBN : 1009092774
Book Description
Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
Permanent Neutrality
Author : Herbert R. Reginbogin
Publisher : Rowman & Littlefield
Page : 251 pages
File Size : 10,72 MB
Release : 2020-03-13
Category : History
ISBN : 1793610290
Book Description
This collection examines the theory, practice, and application of state neutrality in international relations. With a focus on its modern-day applications, the studies in this volume analyze the global implications of permanent neutrality for Taiwan, Russia, Ukraine, the European Union, and the United States. Exploring permanent neutrality’s role as a realist security model capable of rivaling collective security, the authors argue that permanent neutrality has the potential to decrease major security dilemmas on the global stage.
A Scrap of Paper
Author : Isabel V. Hull
Publisher : Cornell University Press
Page : 462 pages
File Size : 38,45 MB
Release : 2014-04-16
Category : History
ISBN : 0801470641
Book Description
In A Scrap of Paper, Isabel V. Hull compares wartime decision making in Germany, Great Britain, and France, weighing the impact of legal considerations in each. She demonstrates how differences in state structures and legal traditions shaped the way the three belligerents fought the war. Hull focuses on seven cases: Belgian neutrality, the land war in the west, the occupation of enemy territory, the blockade, unrestricted submarine warfare, the introduction of new weaponry, and reprisals. A Scrap of Paper reconstructs the debates over military decision-making and clarifies the role law played—where it constrained action, where it was manipulated, where it was ignored, and how it developed in combat—in each case. A Scrap of Paper is a passionate defense of the role that the law must play to govern interstate relations in both peace and war.
The rights and duties of neutrals
Author : Stephen Neff
Publisher : Manchester University Press
Page : 235 pages
File Size : 23,94 MB
Release : 2022-12-20
Category : Law
ISBN : 1526170566
Book Description
Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is a survey of the history of law of neutrality from its mediaeval roots to the end of the twentieth century. The theme is the eternal clash between the rights of neutrals and belligerents - between the right of belligerents to defeat their enemies, and the right of neutrals to trade freely with all parties. Over the centuries, belligerent powers have devised various legal means of restricting neutrals from trading with their enemies, such as the law of blockade and contraband carriage. At the same time, neutral traders have done their best to evade and circumvent these restrictions. This book traces the evolution of state practice, together with the debates over the relevant doctrinal issues and the various attempts to reform and codify the law of neutrality.
Neutrality in Contemporary International Law
Author : James Upcher
Publisher : Oxford University Press
Page : 340 pages
File Size : 50,16 MB
Release : 2020-05-03
Category : Law
ISBN : 0191060275
Book Description
The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.
