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Part V Revival of Classical Concepts?, Ch.46 The Effects of a State of War or Armed Conflict

Marina Mancini

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Armed conflict, international — Armed conflict, non-international — Belligerents — Neutrality and non-alignment — Armed forces — Warfare, sea — Warfare, air — Self-defence — Customary international law — Opinio juris — State practice — Peace treaties — Specific treaties — UN Charter

This chapter explores how a state of war or armed conflict affects the relations between belligerents, between belligerents and third states, and the belligerents’ subjects. It begins by describing how a state of war arose between two states, along with its far-reaching consequences, in classical international law. The effects on diplomatic relations, trade relations, treaties, and contracts are highlighted. The chapter then considers the prohibition on the use or threat of armed force in international relations and its implications for the concept of a state of war as well as the consequences traditionally attached to it. It also looks at state practice regarding the creation of a state of war in the United Nations era and concludes by analysing the effects of an interstate armed conflict in contemporary international law.

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