Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford Monographs in Internati
Total Pages: 324
Release: 2020-01-19
Genre: Law
ISBN: 0198739761

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.

Neutrality in International Law

Neutrality in International Law
Author: Kentaro Wani
Publisher: Taylor & Francis
Total Pages: 245
Release: 2017-02-24
Genre: Law
ISBN: 1351978551

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 Neutrality Laws of the United States (Classic Reprint)

The Neutrality Laws of the United States (Classic Reprint)
Author: Charles G. Fenwick
Publisher: Forgotten Books
Total Pages: 216
Release: 2017-01-11
Genre: Law
ISBN: 9781334979392

Excerpt from The Neutrality Laws of the United States The present study of the neutrality laws of the United States has a threefold object in View: to Show the traditional policy of the United States with respect to neutrality laws, to state the precise scope of those laws, and to criticise them according to the standard of interna tional law. As an introduction to the study it was thought advisable to show the position which neutrality laws hold in the general field of international law. It is not an uncommon error to confuse municipal neutrality laws with the international law of neutrality, to mistake the legislation by which a state gives effect to its international obligations for the obligations themselves. This error has been particularly noticeable in the recent discussion concerning a resolution of Congress empowering the President to prevent the export of arms and ammuni tion from the United States to Mexico. The historical sketch of the several neutrality acts passed by Congress, and of the neutrality procla mations issued in accordance with them, is presented with the object of showing at once the traditional policy of the United States in framing legislation to meet its international obligations, and the changes in the law which have been brought about by the necessity of adapting it to existing conditions. The succeeding chapter states the authoritative interpretation of the present neutrality laws as deter mined mainly by judicial, and in part by executive, construction. In consideration of the special object in view in the preparation of this study, it was thought advisable to separate the statement of the actual restrictions imposed by the present laws from the criticism of the deficiencies of those laws, in spite of the fact that this has necessitated repetition to some slight extent. Following the criticism of the present neutrality laws is a draft of a new neutrality code embodying the results of the investigation, and introducing amendments intended to meet the deficiencies of the existing law and to bring it more in accord with the recognized obligations of the United States. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

The Neutrality Laws of the United States

The Neutrality Laws of the United States
Author: Charles G. 1880-1973 Fenwick
Publisher: Palala Press
Total Pages: 268
Release: 2015-09-11
Genre:
ISBN: 9781342276964

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