Modern Maritime Neutrality Law

Abstract

This dissertation is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work published in International Law Studies in 1955. The piece traces the history and development of maritime neutrality rules, which are notoriously unclear, and states them as they apply today, taking into account technological advances and force structures where relevant. Where the law is uncertain, or in the view of the author unsatisfactory, this dissertation offers recommendations for the law’s future development. The piece also examines how maritime neutrality rules have been affected by the development of the jus ad bellum since the adoption of the UN Charter in 1945, and offers an assessment of how States reconcile their duties under the Charter’s use of force provisions and their traditional rights and duties under maritime neutrality law. It is hoped that this holistic approach will inform the drafting of future editions of State law of armed conflict manuals. A version of this dissertation was published in its entirety in International Law Studies (90 INT’L L. STUD. 198 (2014)).