Non-Participation in Armed Conflict: Continuity and Modern Challenges to the Law of Neutrality

Non-Participation in Armed Conflict

Continuity and Modern Challenges to the Law of Neutrality
 
Publisher: Cambridge University Press
Date of Publication:
 
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Product details:

ISBN13:9781316514627
ISBN10:1316514625
Binding:Hardback
No. of pages:272 pages
Size:235x159x20 mm
Weight:570 g
Language:English
701
Category:
Short description:

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

Long description:
Non participation in armed conflict gives rise to the relevance, role and content of the law of neutrality in contemporary international law. Despite scholarly opinion to the contrary the challenges posed by collective security and the prohibition of the use of force have not made neutrality obsolete. The validity of the law of neutrality is reaffirmed in State practice, mainly in the form of national military manuals, and the case-law of international tribunals. The legal framework of neutrality remains unchanged with respect to most rules. At the same time, it has been adapted to the evolution of the law of the sea as a result of the 1982 UN Law of the Sea Convention, the globalization of trade and the use of cyberspace in armed conflict. This has been achieved mainly through soft law documents and national military manuals. Neutrality, however, remains inapplicable in non-international armed conflict.
Table of Contents:
Introduction; 1. Is the law of neutrality obsolete?; 2. The UN collective security system and neutrality; 3. Rights and duties under the law of neutrality; 4. Neutrality and the use of force; 5. Neutrality and non
-international armed conflict; 6. Neutrality and cyber warfare; 7. Conclusions; Bibliography of books and articles; Index.