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Vanderbilt University Law School

1998

Vanderbilt Journal of Transnational Law

Declaration of war

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The Relevance Of The Concepts Of War And Armed Conflict To The Law Of Neutrality, Georgios C. Petrochilos Jan 1998

The Relevance Of The Concepts Of War And Armed Conflict To The Law Of Neutrality, Georgios C. Petrochilos

Vanderbilt Journal of Transnational Law

The law of neutrality applies among states engaged in war and third states seeking to maintain friendly relations with the belligerent states. While belligerent parties possess belligerent rights, including those in the Law of Prize, states deemed neutral must fulfill certain neutral duties. In exchange, neutral states enjoy the protection afforded to neutral parties by the law of neutrality.

The Article focuses on the state of affairs that triggers application of the law of neutrality. The law addressing this issue leaves many questions unanswered. This Article addresses the importance of the declaration of war by belligerent states in assessing whether …