{"title":"乌克兰-俄罗斯武装冲突与中立法:连续性、不连续性还是无关性?","authors":"Giulio Bartolini","doi":"10.1007/s40802-024-00262-8","DOIUrl":null,"url":null,"abstract":"<p>This article examines the role of the law of neutrality, namely the international legal regime defining the status of a State not party to an international armed conflict, in the Russian-Ukrainian armed conflict by analyzing the legal justifications offered by States and scholars with reference to the provision of weapons to the belligerents. The findings reveal that different positions could be identified ranging from an approach that reflects continuity regarding the basic premises characterizing this legal regime, to the emergence of a relevant discontinuity regarding its traditional legal contours or, finally, solutions implying its current legal irrelevance, even if on multiple occasions States have refrained from framing their positions in clear legal terms. The diminishing relevance of the law of neutrality may eventually lead to a legal order where third-party involvement in conflicts becomes more common. At the same time, the ongoing crisis of the United Nations’ collective security system and violations of its basic principles might risk making traditional interpretations of the law of neutrality a legal component of the lawfare portfolio available to States violating the prohibition on using force, thus mandating a reassessment in its interpretation.</p>","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2024-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Ukrainian–Russian Armed Conflict and the Law of Neutrality: Continuity, Discontinuity, or Irrelevance?\",\"authors\":\"Giulio Bartolini\",\"doi\":\"10.1007/s40802-024-00262-8\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This article examines the role of the law of neutrality, namely the international legal regime defining the status of a State not party to an international armed conflict, in the Russian-Ukrainian armed conflict by analyzing the legal justifications offered by States and scholars with reference to the provision of weapons to the belligerents. The findings reveal that different positions could be identified ranging from an approach that reflects continuity regarding the basic premises characterizing this legal regime, to the emergence of a relevant discontinuity regarding its traditional legal contours or, finally, solutions implying its current legal irrelevance, even if on multiple occasions States have refrained from framing their positions in clear legal terms. The diminishing relevance of the law of neutrality may eventually lead to a legal order where third-party involvement in conflicts becomes more common. At the same time, the ongoing crisis of the United Nations’ collective security system and violations of its basic principles might risk making traditional interpretations of the law of neutrality a legal component of the lawfare portfolio available to States violating the prohibition on using force, thus mandating a reassessment in its interpretation.</p>\",\"PeriodicalId\":43288,\"journal\":{\"name\":\"Netherlands International Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2024-06-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Netherlands International Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s40802-024-00262-8\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Netherlands International Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s40802-024-00262-8","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The Ukrainian–Russian Armed Conflict and the Law of Neutrality: Continuity, Discontinuity, or Irrelevance?
This article examines the role of the law of neutrality, namely the international legal regime defining the status of a State not party to an international armed conflict, in the Russian-Ukrainian armed conflict by analyzing the legal justifications offered by States and scholars with reference to the provision of weapons to the belligerents. The findings reveal that different positions could be identified ranging from an approach that reflects continuity regarding the basic premises characterizing this legal regime, to the emergence of a relevant discontinuity regarding its traditional legal contours or, finally, solutions implying its current legal irrelevance, even if on multiple occasions States have refrained from framing their positions in clear legal terms. The diminishing relevance of the law of neutrality may eventually lead to a legal order where third-party involvement in conflicts becomes more common. At the same time, the ongoing crisis of the United Nations’ collective security system and violations of its basic principles might risk making traditional interpretations of the law of neutrality a legal component of the lawfare portfolio available to States violating the prohibition on using force, thus mandating a reassessment in its interpretation.
期刊介绍:
The Netherlands International Law Review (NILR) is one of the world’s leading journals in the fields of public and private international law. It is published three times a year, and features peer-reviewed, innovative, and challenging articles, case notes, commentaries, book reviews and overviews of the latest legal developments in The Hague. The NILR was established in 1953 and has since become a valuable source of information for scholars, practitioners and anyone who wants to stay up-to-date of the most important developments in these fields. In the subscription to the Netherlands International Law Review the Netherlands Yearbook of International Law (NYIL) is included. The NILR is published by T.M.C. Asser Press, in cooperation with the T.M.C. Asser Instituut, and is distributed by Springer International Publishing. T.M.C. Asser Instituut, an inter-university institute for Private and Public International Law and European Law, was founded in 1965 by the law faculties of the Dutch universities. The Institute is responsible for the promotion of education and research in international law.