International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(2) Cases are possible in which a part or the whole of the territory of
a neutral State falls within the region of war. These cases arise in
wars in which such neutral territories are the very objects of the war,
as Korea, which was at that time an independent State, and the Chinese
province of Manchuria[95] were in the Russo-Japanese War of 1904 and
1905. Such a case may also occur if an army of one of the belligerents
crosses the frontier of a neutral State, but is not at once disarmed
and interned, and is, therefore, able at any moment to recross the
frontier and attack the other belligerent.[96] Since necessity of
self-preservation can compel the latter on his part also to cross the
neutral frontier and pursue and attack the enemy on neutral territory,
the part of such neutral territory concerned would for this reason
become part of the region of war.
[Footnote 94: There is no doubt that this attitude of Italy is explained
by the fact that Egypt, although legally under Turkish suzerainty, is
actually under British occupation, and that Crete is forcibly kept by
the Powers under Turkish suzerainty.]
[Footnote 95: See below, § 320.]
[Footnote 96: See below, § 339.]
[Sidenote: Exclusion from region of war through neutralisation.]
§ 72. Although the Open Sea in its whole extent and the whole of the
territories of the belligerents are as a rule within the region of war,
certain parts can be excluded through neutralisation. Such
neutralisation can take place permanently through a general treaty of
the Powers or temporarily through a special treaty of the belligerents.
At present no part of the Open Sea is neutralised, as the neutralisation
of the Black Sea was abolished[97] in 1871. But the following are some
important instances[98] of permanent neutralisation of parts of
territories:--
(1) The former Sardinian, but since 1860 French, provinces of Chablais
and Faucigny[99] are permanently neutralised through article 92 of the
Act of the Vienna Congress, 1815.
(2) The Ionian Islands through article 2 of the Treaty of London of
November 14, 1863, are permanently neutralised since they merged in the
kingdom of Greece. But this neutralisation was restricted[100] to the
islands of Corfu and Paxo only by article 2 of the treaty of London of
March 24, 1864.
(3) The Suez Canal is permanently neutralised[101] since 1888.
(4) The Straits of Magellan[102] are permanently neutralised through
article 5 of the boundary treaty of Buenos Ayres of July 23, 1881. But
this treaty is not a general treaty of the Powers, since it is concluded
between Argentina and Chili only.
(5) The Panama[103] Canal is permanently neutralised through article 3
of the Hay-Pauncefote treaty of November 18, 1901. But this treaty is
not a general treaty of the Powers either, being concluded between only
Great Britain and the United States.
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