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Neutrality In International Armed Conflicts At Sea

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Chapter Summary

The rules of the law of maritime neutrality developed when resort to war was not illegal. In the legal field, the most important are: the general prohibition of the use of force, the collective security system built by the UN Charter, and the changes in the law of the sea. The rules on neutrality in warfare at sea developed mostly between the 17th and 19th centuries and were codified mainly at the beginning of the 20th century. The enemy or neutral character of a ship is still determined by the flag it flies, the flag of a neutral state being only prima facie evidence of the ships neutral character. There are two exceptions to the rights of visit and search of a neutral merchant vessel, viz., situations in which visit and search is not exercised or is not exercised fully.

Keywords: international armed conflicts; neutrality; sea

10.1163/ej.9789004181823.i-614.173
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