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Vol 21 No 11 Nov/Dec 2016

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The Rights and Duties of Neutrals

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Stephen C. NeffSenior Lecturer in Public International Law, University of Edinburgh

ISBN13: 9780719054785
ISBN: 0719054788
Published: July 2000
Publisher: Manchester University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



A survey of the history of law of neutrality from its mediaeval roots to the end of the 20th 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.

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Subjects:
Public International Law
Contents:
Part 1 The foundations (1200-1800): Mediaeval roots - the just-war era, ""rights"" of neutrals, duties of neutrals, rights of belligerents, some practical problems; the age of parchment - a time of liberality; neutral assertiveness, trouble beckoning; in search of first principles - the three schools, the pendants in contention.
Part 2 Innovation and consolidation (1750-1914): the invention of total war - belligerent innovations, neutrals fight back, economic warfare - with neutrals in the middle; consensus approached - doctrinal clashes, practical adjustments, towards the Declaration of Paris, neutrality and peace; consensus ruptured -holes in the Declaration of Paris, new tools for total war, exploiting sovereign rights, fearing for the future; fixing the rules - the Hague Conventions of 1907, the Declaration of London, a revolt in Britain.
Part 3 New challenges (1914-2000): a great war and new departures - the Allies - the art of ""long-distanced blockade"", the Germans - the art of submarine warfare, post-mortem; the collective-security era - abolishing neutrality, codification ""redux"", the challenge of the ""new neutrality"", neutral solidarity, total war returns; modern times - the just-war outlook returns, neutrality survives - again, belligerents' rights in action, sovereign rights in action, neutrals resurgent; conclusion.