The Rights And Duties Of Neutrals
Published in July 2000
Book
Hardback
400 pages
978-1-929446-06-3 (ISBN)
Description
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 minimized to ensure that this history is accessible to general readers as well as to professional lawyers.
More details
Language
English
ISBN-13
978-1-929446-06-3 (9781929446063)
Person
Stephen C. Neff is Senior Lecturer in Public International Law at the University of Edinburgh.
Content
List of abbreviations
Acknowledgements
Table of treaties
Introduction
Part I: The foundations 1200 - 1800
1 Medieval roots
- The just-war era
- 'Rights' of neutrals
- Duties of neutrals
- Rights of belligerents
- Some practical problems
2 The age of parchment
- A time of liberality
- Neutral assertiveness
- Trouble beckoning
3 In search of first principles
- The three schools
- The pedants in contention
Part II: Innovation and consolidation 1750 - 1914
4 The invention of total war
- Belligerent innovations
- Neutrals fight back
- Economic warfare - with neutrals in the middle
5 Consensus approached
- Doctrinal clashes
- Practical adjustments
- Towards the Declaration of Paris
- Neutrality and peace
6 Consensus ruptured
- Holes in the Declaration of Paris
- New tools for total war
- Exploiting sovereign rights
- Fearing for the future
7 Stating the rules
- The Hague Conventions of 1907
- The Declaration of London
- A revolt in Britain
Part III: New challenges 1914 - 2000
8 A great war and new departure
- The Allies: the art of 'long-distance blockade
- The Germans: the art of submarine warfare
- Post-mortem
9 The collective-security era
- Abolishing neutrality
- Codification redux
- The challenge of the 'new neutrality'
- Neutral solidarity
- Total war returns
10 Modern times
- The just-war outlook returns
- Neutrality survives - again
- Belligerents' rights in action
- Sovereign rights in action
- Neutrals resurgent
Conclusion
Select bibliography
Table of cases
Index
Acknowledgements
Table of treaties
Introduction
Part I: The foundations 1200 - 1800
1 Medieval roots
- The just-war era
- 'Rights' of neutrals
- Duties of neutrals
- Rights of belligerents
- Some practical problems
2 The age of parchment
- A time of liberality
- Neutral assertiveness
- Trouble beckoning
3 In search of first principles
- The three schools
- The pedants in contention
Part II: Innovation and consolidation 1750 - 1914
4 The invention of total war
- Belligerent innovations
- Neutrals fight back
- Economic warfare - with neutrals in the middle
5 Consensus approached
- Doctrinal clashes
- Practical adjustments
- Towards the Declaration of Paris
- Neutrality and peace
6 Consensus ruptured
- Holes in the Declaration of Paris
- New tools for total war
- Exploiting sovereign rights
- Fearing for the future
7 Stating the rules
- The Hague Conventions of 1907
- The Declaration of London
- A revolt in Britain
Part III: New challenges 1914 - 2000
8 A great war and new departure
- The Allies: the art of 'long-distance blockade
- The Germans: the art of submarine warfare
- Post-mortem
9 The collective-security era
- Abolishing neutrality
- Codification redux
- The challenge of the 'new neutrality'
- Neutral solidarity
- Total war returns
10 Modern times
- The just-war outlook returns
- Neutrality survives - again
- Belligerents' rights in action
- Sovereign rights in action
- Neutrals resurgent
Conclusion
Select bibliography
Table of cases
Index