10.07.2015 Views

5cjxburmr

5cjxburmr

5cjxburmr

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

• a neutral State’s exclusive economic zone; 146 and• the high seas. 14715.7.2 A Neutral State’s Regulations Concerning Belligerent Warships and Prizes in ItsWaters. A neutral State may adopt laws or regulations governing the presence of belligerentwarships and their prizes in its waters.A neutral State must apply impartially to opposing belligerents the conditions,restrictions, or prohibitions made by the neutral State in regard to the admission into its ports,roadsteads, or territorial waters, of belligerent warships or of their prizes. 148 Nevertheless, aneutral Power may forbid a belligerent vessel that has failed to conform to the orders andregulations made by it, or that has violated neutrality, to enter its ports or roadsteads. 14915.7.3 24-Hour Limit on Stay of Belligerent Warships in Neutral Waters. In the absenceof special provisions to the contrary in the legislation of a neutral State, a belligerent State’swarships are generally prohibited from remaining in that neutral State’s ports, roadsteads, orterritorial waters for more than 24 hours. 150A belligerent warship may not prolong its stay in a neutral port beyond the permissibletime except on account of damage or stress of weather. It must depart as soon as the cause of thedelay is at an end. 151The regulations as to the question of the length of time that these vessels may remain inneutral ports, roadsteads, or waters, do not apply to warships devoted exclusively to religious,146 Refer to § 13.2.3.3 (Exclusive Economic Zones (EEZs)).147 Refer to § 13.2.3.4 (High Seas).148 HAGUE XIII art. 9 (“A neutral Power must apply impartially to the two belligerents the conditions, restrictions, orprohibitions made by it in regard to the admission into its ports, roadsteads, or territorial waters, of belligerent warshipsor of their prizes.”).149 HAGUE XIII art. 9 (“Nevertheless, a neutral Power may forbid a belligerent vessel which has failed to conform tothe orders and regulations made by it, or which has violated neutrality, to enter its ports or roadsteads.”).150 HAGUE XIII art. 12 (“In the absence of special provisions to the contrary in the legislation of a neutral Power,belligerent war-ships are not permitted to remain in the ports, roadsteads, or territorial waters of the said Power formore than twenty-four hours, except in cases covered by the present Convention.”); 1928 PAN AMERICANNEUTRALITY CONVENTION art. 5 (“Belligerent warships are forbidden to remain in the ports or waters of a neutralstate more than twenty-four hours. This provision will be communicated to the ship as soon as it arrives in port or inthe territorial waters, and if already there at the time of the declaration of war, as soon as the neutral state becomesaware of this declaration.”).151 HAGUE XIII art. 14 (“A belligerent war-ship may not prolong its stay in a neutral port beyond the permissibletime except on account of damage or stress of weather. It must depart as soon as the cause of the delay is at anend.”). See also 1928 PAN AMERICAN NEUTRALITY CONVENTION art. 5 (“A ship may extend its stay in port morethan twenty-four hours in case of damage or bad conditions at sea, but must depart as soon as the cause of the delayhas ceased. When, according to the domestic law of the neutral state, the ship may not receive fuel until twenty-fourhours after its arrival in port, the period of its stay may be extended an equal length of time.”).955

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!