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Title: Neutrality in contemporary international law
Author: Upcher , James
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2010
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This thesis analyses the law of neutrality in contemporary international law. The first chapter considers the relationship between the law of neutrality and the law on the use of force. After an examination of the effect of the law on the use of force on the status of neutrality, it considers, and rejects, the view that neutrality has become an optional legal status. Having concluded that this argument does not accurately describe the way in which neutrality is invoked in contemporary international law, the second chapter proceeds to consider the thresholds for the application and termination of neutrality. Having focused on the status of neutrality, the thesis then turns to examine the rights and duties that attach to neutral status. Rather than an approach that suggests that neutrality consists of a series of principles rather than concrete rules, the analysis of Chapter 3 suggests that States continue to invoke the substantive rights and duties of neutrality; many of those rights and duties, however, are not entirely clear. Chapter 4 proceeds to consider when neutral duties are displaced or modified when the UN Security Council decides on measures under Chapter VII of the UN Charter. While it was originally thought that the UN Charter had abolished comprehensively the ability of States to remain neutral, the failure of the UN Charter provisions on collective security to work as intended have led to a greater role for neutrality than envisaged by the founders of the UN Charter. Finally, Chapter 5 turns to an examination of the impact of the law on the use of force on the exercise of belligerent rights against neutrals at sea, in the context of the law of contraband, blockade, and war zones
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available