Le conseguenze dell'aggressione sul regime di neutralità
- Autores: Alessandra Gianelli
- Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 107, Nº 1, 2024, págs. 5-29
- Idioma: italiano
- Enlaces
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Resumen
Neutrality has long been neglected in the theoretical discourse, being left to specialists of the law of armed conflicts. The aggression upon Ukraine has emphasized the need for a reassessment of the nature and place of neutrality in contemporary international law. It is suggested here that neutrality should be considered inconsistent with the obligations arising for all States from an act of aggression, pursuant to Article 41 of Draft Articles of State Responsibility for Internationally Wrongful Acts. The inconsistency is o vercome by defining the legal r egime of consequences arising from a serious violation of an obligation under a peremptory norm, such as aggression, as special rules which prevail over the application of conflicting more g eneral rules, such as neutrality.
