The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 115
HELSINKI PRINCIPLES ON THE LAW OF MARITIME
NEUTRALITY

Adopted by the International Law Association at its Taipei Conference on 30 May 1998

INTRODUCTORY NOTE. In 1988 the International Law Association formed a Committee on Maritime Neutrality in response to issues arising out of the Iran-Iraq war of 1980–1988, in which neutral shipping had heavily suffered from attacks by belligerents. The Security Council, in several resolutions, had called upon the parties to the conflict to respect the right to free navigation and it condemned the attacks on neutral shipping (resolutions 540/1983, 552/1984, 582/1986, 598/1987). The present Principles restate and develop existing rules of maritime neutrality in armed conflicts in which the Security Council has not taken action. The first draft was submitted to the Buenos Aires Conference of the ILA in 1994. A revised draft of the Principles was adopted at the Helsinki Conference in 1996. The adoption of the Commentaries was postponed to the Taipei Conference in 1998 which adopted both the (slightly revised) Principles and the Commentaries to each Principle. The Commentaries are not reproduced below.

AUTHENTIC TEXT: English.

TEXT PUBLISHED IN: International Law Association, Report of the 68th Conference, Taipei, 1998, pp. 496–516 (the Commentaries are also reproduced therein).

TABLE OF CONTENTS
Resolution
Helsinki Principles on the Law of Maritime Neutrality — Final Report
Articles
1.General provisionsPart 1
Definition1.1
The effect of the Charter of the United Nations1.2
General rule1.3
Inviolability of neutral territory1.4
2.Belligerent activities in neutral watersPart 2
Hostilities in neutral waters2.1
Twenty-four hours rule2.2
Suspension of passage2.3
Special rights of passage2.4
3.Hostilities on the high seas
The conduct of hostilities3.1
Areas of naval hostilities3.2
Special zones3.3
4.Sea areas subject to limited jurisdictionPart 4
Exclsusive economic zone, fishery zones and continental shelf

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