Stephen C. Neff
Search for other papers by Stephen C. Neff in
Current site
Google Scholar
PubMed
Close
In search of first principles
Abstract only
Log-in for full text

In the middle of the eighteenth century, writers on international law began to propound where to seek the general law of neutrality. The result was the emergence of three rival schools of thought purporting to explain the law of neutrality. The three schools are the conflict-of-rights theory, code-of-conduct school, and community-interest school. Several important features of the school of thought should be carefully noted. One is its general stress on rights rather than duties, in practice, rather more on the rights of belligerents than of neutrals. Another fundamental feature of this approach is that neither the neutrals' nor the belligerents' rights are rooted in the law of war per se. Both are derived instead from general principles of international law. Two areas will serve to give a favour of coherent schools' divergent approaches: contraband and blockade.

  • Collapse
  • Expand

All of MUP's digital content including Open Access books and journals is now available on manchesterhive.

 

Metrics

All Time Past Year Past 30 Days
Abstract Views 394 223 40
Full Text Views 34 19 0
PDF Downloads 22 10 0