International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(6) A piece of territory along the frontier between Sweden and Norway is
neutralised by the Convention of Stockholm of October 26, 1905, which
includes rules concerning a neutral zone.[104] But this is a
neutralisation agreed upon between Sweden and Norway only, no third
Power has anything to do with it, and even the contracting Powers
stipulate--see article 1, last paragraph--that the neutralisation shall
not be valid in the case of a war against a common enemy.
[Footnote 97: See above, vol. I. §§ 181 and 256.]
[Footnote 98: The matter is thoroughly treated in Rettich, _Zur Theorie
und Geschichte des Rechtes zum Kriege_ (1888), pp. 174-213, where also
the neutralisation of some so-called international rivers, especially
the Danube, Congo, and Niger, is discussed.]
[Footnote 99: See above, vol. I. § 207.]
[Footnote 100: See Martens, _N.R.G._ XVIII. p. 63.]
[Footnote 101: See above, vol. I. § 183.]
[Footnote 102: See Martens, _N.R.G._ 2nd Ser. XII. p. 491, and above,
vol. I. § 195, p. 267, note 2, and § 568, p. 592, note 2.]
[Footnote 103: See above, vol. I. § 184.]
[Footnote 104: See Martens, _N.R.G._ 2nd Ser. XXXIV. (1907), p. 703.]
As regards temporary neutralisation, it is possible for parts of the
territories of belligerents and certain parts of the Open Sea to become
neutralised through a treaty of the belligerents for the time of a
particular war only. Thus, when in 1870 war broke out between France and
Germany, the commander of the French man-of-war[105] _Dupleix_ arranged
with the commander of the German man-of-war _Hertha_--both stationed in
the Japanese and Chinese waters--that they should, through their
embassies in Yokohama, propose to their respective Governments the
neutralisation of the Japanese and Chinese waters for the time of the
war. Germany consented, but France refused the neutralisation. Again, at
the commencement of the Turco-Italian War in 1911, Turkey proposed the
neutralisation of the Red Sea, but Italy refused to agree to it.
[Footnote 105: See Perels, § 33, p. 160, note 2.]
[Sidenote: Asserted exclusion of the Baltic Sea from the Region of War.]
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