The article aims to analyse issues relating to the application and validity of the law of neutrality currently raised by the recent Russian-Ukrainian conflict. In particular, it analyses arguments presented by the doctrine questioning the compatibility of the law of neutrality with other rules of international law, its obsolescence due to changes in the legal basis for the application of its rules and its desuetude due to the non-application by States during recent armed conflicts. The article concludes that despite the significant reduction in its application due to some incompatibilities with other norms of international law and its usefulness in regulating relations between States in conflict and third States, it is not possible to assert that the law of neutrality has been extinguished or that is no longer in force.
Mageste Castelar Campos, B. (2023). Reflections on the application of the law of neutrality in the 21st century [Reflexões sobre a aplicação do direito da neutralidade no século XXI]. REVISTA DE DIREITO INTERNACIONAL, 20(3), 198-209 [10.5102/rdi.v20i3.9631].
Reflections on the application of the law of neutrality in the 21st century [Reflexões sobre a aplicação do direito da neutralidade no século XXI]
Mageste Castelar Campos, B
2023
Abstract
The article aims to analyse issues relating to the application and validity of the law of neutrality currently raised by the recent Russian-Ukrainian conflict. In particular, it analyses arguments presented by the doctrine questioning the compatibility of the law of neutrality with other rules of international law, its obsolescence due to changes in the legal basis for the application of its rules and its desuetude due to the non-application by States during recent armed conflicts. The article concludes that despite the significant reduction in its application due to some incompatibilities with other norms of international law and its usefulness in regulating relations between States in conflict and third States, it is not possible to assert that the law of neutrality has been extinguished or that is no longer in force.File | Dimensione | Formato | |
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MagesteCastelarCampos-2023-RDI-VoR.pdf
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Descrizione: Reflexões sobre a Aplicação do Direito da Neutralidade no Século XXI
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