Neutrality in Contemporary International Law
Neutrality in Contemporary International Law

Author: James Upcher

Publisher: Oxford Monographs in Internati

Published: 2020-01-19

Total Pages: 324

ISBN-13: 0198739761

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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 Law of War and Neutrality at Sea
The Law of War and Neutrality at Sea

Author: Robert W. Tucker

Publisher: The Lawbook Exchange, Ltd.

Published: 2022-07-19

Total Pages: 464

ISBN-13: 1584775823

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Published at a time when international law was processing the challenges introduced during World War II and the Korean Conflict, and when the United Nations, the World Court and other new international bodies were exerting influence as judicial bodies, Tucker's analysis was a timely guide to a legal field in the midst of unprecedented change. Tucker is professor emeritus of American foreign policy at the Nitze School of Advanced International Studies, Johns Hopkins University. A graduate of the U.S. Naval Academy and UC-Berkeley, where he earned a Ph.D. in political science, he is the author of several notable books including The Just War (1960), The Inequality of Nations (1977) and, with David C. Hendrickson, The Imperial Temptation: The New World Order and America's Purpose (1992). xiii, 448 pp.

Neutrality in International Law
Neutrality in International Law

Author: Kentaro Wani

Publisher: Taylor & Francis

Published: 2017-02-24

Total Pages: 245

ISBN-13: 1351978551

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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.

The Handbook of Humanitarian Law in Armed Conflicts
The Handbook of Humanitarian Law in Armed Conflicts

Author: Dieter Fleck

Publisher: Oxford University Press, USA

Published: 1999

Total Pages: 630

ISBN-13: 9780198298670

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This book offers the most authoritative commentary and analysis of international humanitarian law applicable in armed conflict available. It is based upon the Joint Service Regulation for the German Ministry of Defence, augmented with extensive international references, and accompanied bycommentary by a team of distinguished and internationally renowned experts. Whilst the past decades have seen consistent development of international law applicable in armed conflict, culminating in a series of International Covenants and Protocols, world events in recent years have made reassessment of the law both a timely and topical concern. This Handbook available for the first time in paperback will serve as an indispensable reference source for practising lawyers and academics working in the field of international humanitarian law and for military personnel worldwide.

An Introduction to the International Law of Armed Conflicts
An Introduction to the International Law of Armed Conflicts

Author: Robert Kolb

Publisher: Bloomsbury Publishing

Published: 2008-09-17

Total Pages: 372

ISBN-13: 1847314600

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This book provides a modern and basic introduction to a branch of international law constantly gaining in importance in international life, namely international humanitarian law (the law of armed conflict). It is constructed in a way suitable for self-study. The subject-matters are discussed in self-contained chapters, allowing each to be studied independently of the others. Among the subject-matters discussed are, inter alia: the Relationship between jus ad bellum / jus in bello; Historical Evolution of IHL; Basic Principles and Sources of IHL; Martens Clause; International and Non-International Armed Conflicts; Material, Spatial, Personal and Temporal Scope of Application of IHL; Special Agreements under IHL; Role of the ICRC; Targeting; Objects Specifically Protected against Attack; Prohibited Weapons; Perfidy; Reprisals; Assistance of the Wounded and Sick; Definition of Combatants; Protection of Prisoners of War; Protection of Civilians; Occupied Territories; Protective Emblems; Sea Warfare; Neutrality; Implementation of IHL.

A Scrap of Paper
A Scrap of Paper

Author: Isabel V. Hull

Publisher: Cornell University Press

Published: 2014-04-16

Total Pages: 462

ISBN-13: 0801470641

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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.