The Law Of Neutrality

Author : James Upcher
Publisher : Oxford Monographs in Internati
Page : 324 pages
File Size : 41,9 Mb
Release : 2020-01-19
Category : Law
ISBN : 9780198739760

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Neutrality in Contemporary International Law by James Upcher Pdf

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.

Author : Kentaro Wani
Publisher : Taylor & Francis
Page : 245 pages
File Size : 53,5 Mb
Release : 2017-02-24
Category : Law
ISBN : 9781351978552

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Neutrality in International Law by Kentaro Wani Pdf

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.

Author : Constantine Antonopoulos
Publisher : Cambridge University Press
Page : 295 pages
File Size : 44,9 Mb
Release : 2022-03-03
Category : Law
ISBN : 9781316514627

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Non-Participation in Armed Conflict by Constantine Antonopoulos Pdf

Revisits the law of neutrality and discusses its relevance to contemporary international and non-international armed conflict.

Author : Dieter Fleck,Michael Bothe
Publisher : Oxford University Press, USA
Page : 630 pages
File Size : 45,6 Mb
Release : 1999
Category : History
ISBN : 0198298676

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The Handbook of Humanitarian Law in Armed Conflicts by Dieter Fleck,Michael Bothe Pdf

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.

Author : William H. Boothby,Wolff Heintschel von Heinegg
Publisher : Cambridge University Press
Page : 481 pages
File Size : 48,5 Mb
Release : 2018-03-29
Category : History
ISBN : 9781108427586

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The Law of War by William H. Boothby,Wolff Heintschel von Heinegg Pdf

A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.

Author : Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis
Publisher : Springer Science & Business Media
Page : 283 pages
File Size : 43,5 Mb
Release : 2013-04-03
Category : Law
ISBN : 9789400760677

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Neutrality and Theory of Law by Jordi Ferrer Beltrán,José Juan Moreso,Diego M. Papayannis Pdf

This book brings together twelve of the most important legal philosophers in the Anglo-American and Civil Law traditions. The book is a collection of the papers these philosophers presented at the Conference on Neutrality and Theory of Law, held at the University of Girona, in May 2010. The central question that the conference and this collection seek to answer is: Can a theory of law be neutral? The book covers most of the main jurisprudential debates. It presents an overall discussion of the connection between law and morals, and the possibility of determining the content of law without appealing to any normative argument. It examines the type of project currently being held by jurisprudential scholarship. It studies the different approaches to theorizing about the nature or concept of law, the role of conceptual analysis and the essential features of law. Moreover, it sheds some light on what can be learned from studying the non-essential features of law. Finally, it analyzes the nature of legal statements and their truth values. This book takes the reader a step further to understanding law.

Author : Stephen Neff
Publisher : Manchester University Press
Page : 235 pages
File Size : 48,9 Mb
Release : 2022-12-20
Category : Law
ISBN : 9781526170569

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The rights and duties of neutrals by Stephen Neff Pdf

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.

Author : Stephen C. Neff
Publisher : Juris Publishing, Inc.
Page : 308 pages
File Size : 40,8 Mb
Release : 2000
Category : History
ISBN : UOM:39015047600724

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The Rights and Duties of Neutrals by Stephen C. Neff Pdf

1 Hardcover Volume. The Rights and Duties of Neutrals is the first English-language book to survey the history of the law of neutrality from its medieval roots to the present day. 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.This previously untold story will be of interest to anyone interested in the history of warfare or in issues of justice between nations in time of war. Technical legal language is minimised to ensure that this history is accessible to general readers as well as to professional lawyers.

Author : Robert W. Tucker
Publisher : The Lawbook Exchange, Ltd.
Page : 464 pages
File Size : 43,6 Mb
Release : 2022-07-19
Category : Neutral trade with belligerents
ISBN : 9781584775829

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The Law of War and Neutrality at Sea by Robert W. Tucker Pdf

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.

Author : Michael Bothe
Publisher : Oxford University Press
Page : 767 pages
File Size : 47,9 Mb
Release : 2013-08-29
Category : History
ISBN : 9780199658800

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The Handbook of International Humanitarian Law by Michael Bothe Pdf

The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.

Author : Andrew Clapham,Paola Gaeta
Publisher : Unknown
Page : 1009 pages
File Size : 46,5 Mb
Release : 2014-03
Category : History
ISBN : 9780199559695

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The Oxford Handbook of International Law in Armed Conflict by Andrew Clapham,Paola Gaeta Pdf

Written by a team of distinguished and internationally renowned experts, this Oxford Handbook gives an analytical overview of international law as it applies in armed conflicts. The Handbook draws on international humanitarian law, human rights law, and the law of neutrality to provide a comprehensive picture of the status of law in war.

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
Page : 225 pages
File Size : 51,5 Mb
Release : 2013-12-14
Category : Law
ISBN : 9789400919280

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Moral Pluralism and Legal Neutrality by Wojciech Sadurski Pdf

lt is a commonplace that law and morality intersect and interpenetrate in all the areas of legal decision-making; that in order to make sense of constitutional, statutory or common-law questions, judges and other legal decision-makers must first resolve certain philosophical issues which include moral judgments of right and wrang_ This is particularly evident with regard to constitutional interpretation, especially when constitutions give a mandate for the protection of the substantive norms and values entrenched as constitutional rights. In these Situations, as a leading contemporary legal philosopher observed, the "Constitution fuses legal and moral issues, by making the validity of a law depend on an answer to complex moral 1 problems". But the need for substantive value elucidation is not confined, of course, only to constitutional interpretation under Bills of Rights. This, however, immediately raises a dilemma stemming from the moral diversity and pluralism of modern liberal societies. How can law remain sensitive to this pluralism and yet provide clear answers to the problems which call for a legal resolution? Sharply conflicting values in modern societies clash in the debates over the death penalty, abortion, homosexuality, separation of state and religion, the scope of the freedom of the press, or affirmative action. lt would often be difficult to discern a broader consensus within which these clashes of values operate, unless this consensus were described in such vague terms as to render it practically meaningless.

Author : Michael Geist
Publisher : University of Ottawa Press
Page : 476 pages
File Size : 48,6 Mb
Release : 2013-04-27
Category : Law
ISBN : 9780776620848

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The Copyright Pentalogy by Michael Geist Pdf

In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

Author : Johan den Hertog,Samuël Kruizinga
Publisher : Amsterdam University Press
Page : 185 pages
File Size : 40,6 Mb
Release : 2011
Category : History
ISBN : 9789052603704

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Caught in the Middle by Johan den Hertog,Samuël Kruizinga Pdf

The essays in this collection cover not only multiple countries, but also multiple aspects of the concept of neutrality: political, economic, cultural and legal. These case studies have led to a re-evaluation of the notion of neutrality, and the role of neutrals, during the First World War, making this collection of great value to all scholars of neutrality, the history of individual neutral countries, and of the war itself.

Author : United States
Publisher : Unknown
Page : 600 pages
File Size : 53,6 Mb
Release : 2001
Category : Law
ISBN : CHI:59886732

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The Laws of Neutrality as Existing on August 1, 1914 by United States Pdf