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15 - The Law of Neutrality

Published online by Cambridge University Press:  17 March 2018

William H. Boothby
Affiliation:
Australian National University, Canberra
Wolff Heintschel von Heinegg
Affiliation:
Europa-Universitat Viadrina
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Summary

Chapter XV of the Manual and Chapter 15 of the book address that most controversial topic in international law, namely the law of neutrality. After critiquing the Manual’s general introductory comments on the law of neutrality, the Chapter addresses the Manual’s treatment of the application of that law and of its framework of reciprocal rights and duties. The Manual’s explanations in respect of remedies for violations of neutrality law, in respect of the prohibition on the use of neutral territory as a base for operations, and with regard to neutral persons, neutral waters and the passage of belligerent vessels and aircraft through international straits and archipelagic sea lanes are all then subjected to critical analysis. The Manual’s approach to the right of angary, to neutral commerce, to the carriage of contraband and to the use of navicerts and aircerts, to the belligerent right of visit and search, to the acquisition of enemy character by neutral-flagged merchant vessels and neutral-marked civil aircraft and to the law as to the capture of neutral vessels and aircraft are all the subject of further sections of the Chapter.
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Chapter
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The Law of War
A Detailed Assessment of the US Department of Defense <I>Law of War Manual</I>
, pp. 371 - 389
Publisher: Cambridge University Press
Print publication year: 2018

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