Rights and Obligations of Neutral States During War at Sea

The neutrality in maritime war is the situation born from the state of war, which implies certain rights and duties for the neutral, that is a reflex towards the rights of belligerents. Through this article the authors intend to do a brief analysis on the rights and obligations of neutral states in maritime war, with their capacity as a subject of international law, through the three types of neutrality: permanent neutrality, incidental and impartial. The authors emphasize the particular legal situation in which the neutral states find themselves, states who during armed conflict don't take part in hostilities, but continue to maintain relations with other countries, including the belligerents. The main legal instruments regulating the status of neutrality, which is the common law in this matter, are two classic conventions adopted at the Hague Peace Conference of 1907, namely: The 5th Convention "relating to the rights and duties of neutral powers and persons in case of war on land" and The 13th Convention "relating to the rights and duties of neutral powers in case of maritime war." At the beginning of armed conflict, the competent public authorities of the neutral state issue a statement of neutrality that shows the advantage of clarifying relations between sovereign states, for example in the case of neutral subjects found in warring countries at the beginning of the war.

Language

  • English

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  • Accession Number: 01608004
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 5 2016 1:47AM