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

International Law

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

By Constantine Antonopoulos
Cambridge University Press March 2022

Specifications

ISBN-13
9781316514627
Publisher
Cambridge University Press
Publication
March 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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
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