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- Title
Bilateral Defense-Related Treaties and the Dilemma Posed by the Law of Neutrality.
- Authors
Davis, Jeremy K.
- Abstract
To effectively counter current and emerging threats to U.S. and global security, the United States needs to rely on defense cooperation from allies and partners. That defense cooperation is frequently reflected in bilateral defenserelated treaties. The United States has many such treaties and it continues to negotiate more. Using a selection of U.S. defense-related treaties as exemplars, this Article explores how states and their lawyers should prioritize the international legal obligations of defense-related treaty partners, when the partners' treaty obligations to one belligerent and their customary law neutrality obligations to the opposing belligerent in an international armed conflict are incompatible. The Article proffers that an analogous application of the treaty conflict framework from Article 30 of the Vienna Convention on the Law of Treaties is the appropriate methodology to use. Further, this Article examines the potential consequences, under the law of state responsibility, when a partner nation chooses to uphold its treaty obligations to one belligerent and necessarily breaches its neutrality obligations to the opposing belligerent.
- Subjects
UNITED States; BILATERAL treaties; INTERNATIONAL conflict; TREATIES; CUSTOMARY law; GOVERNMENT liability (International law); ARBITRATORS; SOFT law
- Publication
Harvard National Security Journal, 2020, Vol 11, Issue 3, p455
- ISSN
2153-1358
- Publication type
Article