The applicability of neutrality law is a contested area of modern international law. Because it determines the options third states are facing in an international armed conflict, the Russo-Ukraine war lends it new urgency. This ePaper analyzes these options from a conceptual and practical perspective. It will, first, theoretically discuss the applicability of neutrality law, rejecting the theories of compulsorily applicable, qualified, and obsolete neutrality based on their conceptual flaws and inadequate incorporation of the emergence of a third option for third states. It embraces optional neutrality based on the finding that it has always been optional. The second part examines the changing customary neutrality law and the related legal uncertainty for states. It finds that this uncertainty reproduces itself and is reflected in the German and Austrian debates and their opinio juris. To encounter this legal uncertainty, the third part details the options available for third states – neutrality, non-belligerency, co-belligerency, and their illegal counterparts.We extend our heartfelt thanks to the Vahabzadeh Foundation for financially supporting the publication of best works by young researchers of the Graduate Institute, giving a priority to those who have been awarded academic prizes for their master's dissertations.
eBook - ePub
The Shifting Concepts of Neutrality and Non-Belligerency in the 21st Century
A Legal Analysis with Focus on the German and Austrian State Practice
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- Available on iOS & Android
eBook - ePub
The Shifting Concepts of Neutrality and Non-Belligerency in the 21st Century
A Legal Analysis with Focus on the German and Austrian State Practice
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Table of contents
- Introductory pages
- Table of contents
- Acknowledgements
- Introduction
- Part 1. Can Neutrality Be Optional? – Non-Belligerency and Concurring Ideas of Traditional, Qualified, and Optional Neutrality
- Part 2. How to React to a "Flagrant" Aggression in Practice? – The Problem of Missing Opinio Juris
- Part 3. What lies between Neutrality and Co-Belligerency? – Content, Limits, and Legal Implications of Non-Belligerency in the 21st Century
- Conclusion
- Bibliography
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Yes, you can access The Shifting Concepts of Neutrality and Non-Belligerency in the 21st Century by Mara Ebbers in PDF and/or ePUB format, as well as other popular books in Law & Politics. We have over 1.5 million books available in our catalogue for you to explore.