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
§ 73. That there is at present no part of the Open Sea neutralised is
universally recognised, and this applies to the Baltic Sea, which is
admittedly part of the Open Sea. Some writers,[106] however, maintain
that the littoral States of the Baltic have a right to forbid all
hostilities within the Baltic in case of a war between other States than
themselves, and could thereby neutralise the Baltic without the consent
and even against the will of the belligerents. This opinion is based on
the fact that during the eighteenth century the littoral States of the
Baltic claimed that right in several conventions, but it appears
untenable, because it is opposed to the universally recognised principle
of the freedom of the Open Sea. As no State has territorial supremacy
over parts of the Open Sea, I cannot see how such a right of the
littoral States of the Baltic could be justified.[107]
[Footnote 106: See Perels, pp. 160-163, who discusses the question at
some length and answers it in the affirmative.]
[Footnote 107: See Rivier, II. p. 218; Bonfils, § 504; Nys, I. pp.
448-450.]
V
THE BELLIGERENTS
Vattel, III. § 4--Phillimore, III. §§ 92-93--Taylor, §§
458-460--Wheaton, § 294--Bluntschli, §§ 511-514--Heffter, §§
114-117--Lueder in Holtzendorff, IV. pp. 237-248--Klüber, §
236--G. F. Martens, II. § 264--Gareis, § 83--Liszt, § 39,
II.--Ullmann, §§ 168-169--Pradier-Fodéré, VI. Nos.
2656-2660--Rivier, II. pp. 207-216--Nys. III. pp. 114-118--Calvo,
IV. §§ 2004-2038--Martens, II. § 108--Heilborn, _System_, pp.
333-335.
[Sidenote: Qualification to become a Belligerent (_facultas bellandi_).]
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