Chapter

Forcible Anticipation of a Breach of Neutrality

Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198251583.003.0015
Forcible Anticipation of a Breach of Neutrality

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This chapter addresses the anomalous right to take preventive action in respect of breaches of neutrality. There is significant authority for a right of intervention to rectify the influences of a breach of the rules of maritime neutrality. Data shows considerable support for the existence of a right to intervene to anticipate or to remove harmful effects of breaches of neutrality. At the same time, it must be observed that the content and basis of this right are a matter of some doubt. The right of intervention remains as a justification for acts of self-help based either on very transient threats to security or on probabilities of threats to strategic interests.

Keywords: breaches of neutrality; right of intervention; maritime neutrality; strategic interests

Chapter.  4161 words. 

Subjects: Public International Law

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