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Oxford Law Citator
Contents
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Preliminary Material
Foreword
Modest, Discerning, and a Loyal Friend
A Charismatic Scholar
A Committed Practitioner
General Editors’ Preface
Note from the Publisher
Contents
Table of Cases
List of Abbreviations
Main Text
Introduction
1 Neutrality Yesterday and Today
2 Types of Neutrality in International Law Distinguished
a Permanent Neutrality and Neutralization
b Neutrality in Non-International Armed Conflict: Recognition of Belligerency
3 Outline of the Book
Ch.1 Neutrality, Non-Belligerency, and the Prohibition of the Use of Force
1 The ‘State of War’ Doctrine and Recognition
a War in Nineteenth Century International Law
b Recognition of Neutrality
2 The State of War Doctrine in The Early Twentieth Century
a The Attempt to Codify the State of War Doctrine
b Further Uncertainties About War
c The Emergence of Voluntary Neutrality
3 The Application of Neutrality and the Prohibition of War
a Article 2(4) of the UN Charter and the Rejection of War
b The Existence of Neutrality under the UN Charter
4 Neutrality as an Optional Status
a The Argument for Optional Neutrality
b Objections to the Optional Approach
i Neutrality as a policy position
ii Acceptance of war
iii Problems of self-defence
iv The principle of reciprocity
v The status categories in the law of armed conflict
vi Additional Protocol I: States ‘not a Party to the Conflict’
c Optional neutrality in practice
i The status and the duties of neutrality distinguished
ii Evidence of optional neutrality
5 Conclusion
Ch.2 The Application and Termination of Neutrality
1 The Threshold of Applicability of Neutrality
a The Traditional Threshold: The State of War
i The concept of war in contemporary international law
ii The relevance of war to neutrality
b From War to Armed Conflict
i The meaning of armed conflict
ii The requirements of organization and intensity
c Neutrality and Armed Conflict
i Neutrality restricted to declared war
ii The applicability of neutrality to ‘extended’ international armed conflict
iii The applicability of neutrality to all international armed conflict
2 The Termination of Neutrality
a Termination Through Agency of the Neutral State
i Direct participation in hostilities
ii Indirect participation in hostilities
b Termination Through Hostilities Against the Neutral State
i Hostilities against a neutral state
ii Neutrality and belligerent occupation
c Termination Through Cessation of Hostilities
i Neutrality following an armistice
ii Neutrality following a cease-fire
3 Conclusion
Ch.3 The Duties and Rights of Neutrals
1 The Concept of Impartiality
a The Codification of Custom
b The Principle of Impartiality
2 The Duty of Abstention from Hostilities
a The Prohibition on the Supply of Military Material
i The Division between the State and the Citizen
ii The prohibition on supply
iii The extent of the prohibition on the supply of military material
iv Conclusion on the supply of military material
b The Prohibition on Other Forms of Assistance: Economic Aid
3 Duties of Prevention: General
a The Standard of Prevention
b The Consequences of a Failure of Prevention
4. Duties of Prevention in Naval Warfare
a The Duty to Prevent the Establishment of a Base of Operations
b The Duty to Prevent Fitting Out and Arming in Neutral Jurisdiction
c The Twenty-Four Hour Rule
d Measures with Regard to Prize Law
5 Duties of Prevention on Land
a The Duty to Prevent Movement of Troops or Convoys Across Neutral Territory
b The Duty to Prevent Erection of Communication Devices on Neutral Territory
c The Duty to Prevent Corps of Combatants or Recruiting Agencies on Neutral Territory
d Exceptions to the Duty of Prevention in Land Warfare
i Humanitarian assistance
ii Volunteers
6 Duties of Prevention in Aerial Warfare
a General Duty to Prevent Overflight of Neutral Territory
b Exceptions to the Duty of Prevention in Aerial Warfare
i Hospital aircraft
ii Overflight of straits passage
7 Other Neutral Duties
8 The Rights Of Neutrals
a The Inviolability of Neutral Territory
b The Inviolability of Neutral Territorial Waters
i Passage through the neutral territorial sea
ii Passage through international straits
c Environmental Damage to Neutral States
9 Conclusion
Ch.4 Neutrality and the UN Charter
1 UN Operations and the Law of Armed Conflict
a Arguments for the Non-Application of the Law of Armed Conflict to UN Operations
i Legal character of UN enforcement action
ii The aggressor state and the law of armed conflict
b Basis for the Application of the Law of Armed Conflict to UN Operations
2 The UN Charter and the Law of Neutrality
a The Duty of Assistance to the UN
b The UN and the Duty of Non-Assistance to an Aggressor
c The Duty to Implement Security Council Measures
3 The Law of Neutrality and UN Non-Forcible Measures
a Determination Under Article 39 of the UN Charter
b The Law of Neutrality and Article 41 of the UN Charter
4 The Nature and Framework of UN Military Operations
a The Original Concept of Military Sanctions under the UN Charter
b Authorizations to use military force
c ‘Extended’ Peacekeeping
5 UN Military Operations and the Law of Neutrality
a Military Participation in UN Enforcement Actions
i Enforcement action in Korea (1950)
ii Enforcement action in Iraq (1990)
b Non-Military Support for UN Enforcement Action
c Modalities of Support for UN Enforcement Action
i Internment
ii Transit rights over neutral airspace
iii Use of the territorial sea and neutral ports
6 Conclusion
Ch.5 The Exercise of Belligerent Rights Against Neutrals
1 The UN Charter and Belligerent Rights
a The Uncertain Status of Belligerent Rights
b The Peaceful Relationship Between Belligerents and Neutrals
c Belligerent Rights and the Law of the Sea
d Belligerent Rights and the Prohibition on the Threat or Use of Force
2 The Law of Self-Defence and Neutrals
a Self-Defence against Neutrals
b The Principles of Necessity and Proportionality
c The Relationship Between Self-Defence and Neutrality
d Criticisms of the Link Between the Jus ad Bellum and Neutrality
3 The Law of Contraband
a The Exercise of Visit and Search and Self-Defence
i Iraq: maritime interdiction in the Persian Gulf (1990)
ii Kosovo: interdiction of oil tankers by NATO forces (1999)
iii Afghanistan: Operation Enduring Freedom (2001–present)
iv Israel’s interception of merchant shipping (2001–2002)
b The Content of the Doctrine of Contraband
i Erosion of the distinction between absolute and conditional contraband
ii The influence of Additional Protocol I
iii The doctrine of continuous voyage and contraband
4 The Law of Blockade
a Blockade and the UN Charter
b The Effect of Additional Protocol I on the Law of Blockade
c The Establishment of Blockades in Contemporary International Law
i India’s blockade of East Pakistan (1971)
ii US mining of North Vietnamese ports (1972)
iii Iran’s blockade of the Shatt al-Arab (1980)
iv Israel’s aerial and maritime blockade of Lebanon (2006)
v Israel’s blockade of Gaza (2009–2010)
d Enforcement of Blockade
5 The Law of Exclusion Zones
a Exclusion Zones in the Iran-Iraq War (1982–1983)
b Exclusion Zones in the Falklands War (1982)
c Exclusion Zones in Operation Iraqi Freedom (2003–2004)
6 Conclusion
Conclusion
Further Material
Annex The Historical Development of Neutrality
1 The Emergence of Prize Law
2 The Appearance of Neutrality in Doctrine
3 Neutrality and Jealousy of Trade
4 Neutrality in the Nineteenth Century
a Neutrality as a Status
b The Development of Belligerent Rights against Neutrals
i Privateering
ii Private property at sea
iii Contraband
iv Blockade
v Unneutral service
c Neutral Duties Towards Belligerents
i Impartiality as equality
ii Impartiality as non-interference
iii Abstention: obligations of result
(i) Prohibition on the supply of arms and warships
(ii) Prohibition on the supply of combatants
(iii) Prohibition on the provision of loans
iv Prevention—obligations of conduct
(i) Prevention of the levying of troops, the enlistment of troops, and the acceptance of letters of marque
(ii) Prevention of passage of troops through neutral territory
(iii) Belligerent hostilities and activities in neutral jurisdiction
(iv) Fitting out of warlike expeditions in neutral jurisdiction
(v) The use of a base of naval operations in neutral territory
d The Right to Remain Neutral and Neutral Rights towards Belligerents
5 Conclusion
Bibliography
Index
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Note from the Publisher
Merel Alstein
From:
Neutrality in Contemporary International Law
James Upcher
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Series:
Oxford Monographs in International Law
Published in print:
21 April 2020
ISBN:
9780198739760
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3.239.233.139