The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law

The paper discusses the concept of neutrality in contemporary international law. The traditional notion of neutrality, stemmed from states’ practice since the 17th century, means the particular status, defined by international law, of a state that is not party to an armed conflict. The basic premise...

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Main Author: Joanna Połatyńska
Format: Article
Language:Polish
Published: Lodz University Press 2024-03-01
Series:Acta Universitatis Lodziensis Folia Iuridica
Subjects:
Online Access:https://czasopisma.uni.lodz.pl/Iuridica/article/view/22986
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author Joanna Połatyńska
author_facet Joanna Połatyńska
author_sort Joanna Połatyńska
collection DOAJ
description The paper discusses the concept of neutrality in contemporary international law. The traditional notion of neutrality, stemmed from states’ practice since the 17th century, means the particular status, defined by international law, of a state that is not party to an armed conflict. The basic premise of this notion is, in short, quite straightforward: on the one hand, the neutral state has the right to remain apart from, and not to be adversely affected by, the conflict. On the other hand, the neutral state is under the obligation of non-participation and impartiality. In the 20th and 21st centuries, however, following several treaties and modifications of states’ practice on that matter, the law of neutrality underwent changes and introduced new concepts, e.g. qualified neutrality or non-belligerency. This change, however, has produced only modifications of specific rules of the law of neutrality, not a general abolition of this whole body of law.
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spelling doaj.art-ea52b68c49394c3bb1fe1038704b09c72024-04-19T13:52:43ZpolLodz University PressActa Universitatis Lodziensis Folia Iuridica0208-60692450-27822024-03-0110619921010.18778/0208-6069.106.1223267The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International LawJoanna Połatyńska0University of Lodz The paper discusses the concept of neutrality in contemporary international law. The traditional notion of neutrality, stemmed from states’ practice since the 17th century, means the particular status, defined by international law, of a state that is not party to an armed conflict. The basic premise of this notion is, in short, quite straightforward: on the one hand, the neutral state has the right to remain apart from, and not to be adversely affected by, the conflict. On the other hand, the neutral state is under the obligation of non-participation and impartiality. In the 20th and 21st centuries, however, following several treaties and modifications of states’ practice on that matter, the law of neutrality underwent changes and introduced new concepts, e.g. qualified neutrality or non-belligerency. This change, however, has produced only modifications of specific rules of the law of neutrality, not a general abolition of this whole body of law.https://czasopisma.uni.lodz.pl/Iuridica/article/view/22986aggressionarmed conflictneutralityuse of forcerights and duties of states
spellingShingle Joanna Połatyńska
The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
Acta Universitatis Lodziensis Folia Iuridica
aggression
armed conflict
neutrality
use of force
rights and duties of states
title The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
title_full The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
title_fullStr The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
title_full_unstemmed The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
title_short The Alabama Revisited: Some Observations on the Evolution of Rights and Duties of Neutral States in Armed Conflicts under International Law
title_sort alabama revisited some observations on the evolution of rights and duties of neutral states in armed conflicts under international law
topic aggression
armed conflict
neutrality
use of force
rights and duties of states
url https://czasopisma.uni.lodz.pl/Iuridica/article/view/22986
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