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View Full Version : Draw a distinction between neutral and neutralized state. (1998)



vustudents
09-07-2012, 09:51 PM
1. Introduction:
Neutarliy is the attitude of a state which is not at war with the belligerent and dose not participate in the hostilities, it implies the position of a state which remain aloof form war between two or more belligerent and keeps an attitude of impartiality.
2. Definitions:
According to Oppenheim:
"The attribute of impartiality adopted by third states toward the belligerents and recognized by the belligerents such attribute creating and duties between the impartial states and belligerents."
According to Lawrence:
"Neutrality is condition of those states which in the time of war take on part in the contest but continue pacific intercourse with the belligents.
3. Essentials elements of neutrality:
Essentials elements of neutrality are as under:
(a) Attribute of impartiality.
(b) Recognition of impartiality by belligerent state.
(c) Creation of rights and duties.
4. Commencement of neutrality:
Neutrality commence after the state of war. such state should delcare their condition of neutrality.
5. End of Neutrality:
Neutrality comes to end in one of the following ways:
(i) At the end of way.
(ii) When the neutral state war with one of the belligerent state.
(iii) When any belligerent states war with the neutral state.
6. Kinds of neutrality:
Following are kinds of neutrality:
(i) Perpetual or permanent neutrality.
(ii) General and partial neutrality.
(iii) Voluntary neutrality.
(iv) Neutrality based on some treaty.
(v) Armed neutrality.
(vi) Perfect and qualified neutrality.
7. Rational basis of neutrality:
Rational basis of neutrality are given below:
(i) Neutrality helps to localize the area of war.
(ii) It discourages the sentiments for war.
(iii) It keeps the states away form war.
(iv) It regularies the international relations.
8. Neutral and neutralised sates:
(i) Neutral state:
Neutral state do not support either party during war. it is generally deemed a temporary statue and can be terminated by joining either of part at war.
(ii) Neutralised state"
Neutralised state is such state whose independence collectively accepted by big powers thought some agreement.
9. Distinguish between neutral and neutralised states:
(i) As to nature:
Neutral state is temporary in nature.
Neutralised state is permanent in nature.
(ii) As to commencement:
Neutral state commence and ends with war.
Neutralised state continues after the end of war.
(iii) As to status:
Neutral state has a status during war time.
Nutralised state has a statue after war.
(iv) As to guarantee:
Neutral state is not guaranteed by other states.
Neutralised state is guaranteed by other state.
10. Duties of neutral state:
Following are the during of neutral state.
I. Abstention:
It is the duty of neutral state to abstain itself form rendering direct or indirect help to any of the belligerent. state.
II. Prevention:
It is the duty of neutral state to prevent certain things within its territory.
III. Acquiescence:
It is duty of neutral state to give acquiescence in respect of certain matters.
IV. Restoration:
It is the duty of neutral state not to allow any act which is concerned with war within its territory.
V. Reparation:
A neutral state should assert its right to claim reparation for any loss sustain by any act of the belligerent state.
11. Conclusion:
To conclude it can be said that neutrality is a status which is acquired by those states which do not participate in a war. neutral and neutralized are kinds of states. the neutrality and neutralization are two different things.