By Rudolf Bernhardt
Encyclopedia of Public foreign legislation, four: Use of strength, conflict, and Neutrality Peace Treaties (N-Z) makes a speciality of opposed inter-State family members and linked questions, in addition to using strength, struggle, neutrality, and peace treaties.
The booklet first elaborates on warships, wars of nationwide liberation, conflict fabrics, legislation of warfare, battle correspondent, conflict and surroundings, Versailles Peace Treaty (1919), use of strength, United international locations peacekeeping procedure, United international locations forces, and unfriendly act. The textual content then ponders on buying and selling with the enemy, suspension of hostilities, hand over, submarine conflict, sequestration, self-preservation, self-defense, sea battle, security zones, safe-conduct and secure passage, resistance activities, requisitions, and reparations after global warfare II. The booklet examines reduction activities, popularity of insurgency and belligerency, prisoners of battle, danger to peace, peace treaties, potential to shield peace, pacifism, profession after armistice, nuclear exams, non-aggression pacts, and neutrality in air conflict, land struggle, and sea battle.
The textual content is an important resource of knowledge for researchers drawn to using strength, warfare, and neutrality peace treaties.
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Additional info for Encyclopedia of public international law 4: Use of Force, War and Neutrality, Peace Treaties (N-Z): Instalment 4
IV. Duties Imposed Only on Belligerents: A. Neutral Waters. B. Humanitarian Aspects. C. Neutral Shipping on the High Seas: 1. Continuous Voyage Doctrine; Quotas. 2. Visit and Search. 3. Unneutral Service. D. - V. Conclusion. I. CONCEPT The laws of neutrality are based on two separate rationales which are closely interlinked (- Neutrality, Concept and General Rules): (a) the desire to guarantee that the neutral State will sustain minimal injury as a result of war; (b) the desire to guarantee the belligerents that the neutral State will be neutral not only in name but also in fact, that is to say, that it will not aid and abet one of the belligerents against its adversary.
DUTIES IMPOSED ONLY ON NEUTRAL STATES There are a number of duties owed by a neutral State in the context of sea warfare. If -- wounded, sick or shipwrecked members of belligerent armed forces are rescued by being taken on board a neutral warship, Geneva Convention II of 1949 obligates the neutral State to ensure (through their internment) that they can take no further part in operations of war. It is noteworthy that the Convention does not refer to neutral merchant ships: if the rescued persons are taken on board such a vessel, they must be released rather than interned (but should the merchant ship encounter an enemy warship, the latter will be entitled to search the former and to insist on the transfer of the rescued persons who will become -- prisoners of war).
Hence, an alternative system was introduced during both world wars based on special certificates called "navicerts" (~Safe-Conduct and Safe Passage). Under this procedure, any exporter in a neutral State may apply in advance to the diplomatic or consular mission of a belligerent with a view to obtaining from it a certificate affirming the nature of a shipment. The importance of obtaining the navicert was that when the merchant ship encountered a warship belonging to that belligerent, she was exempt from thorough inspection.