CONTENTS PAGE PART I.-ANALYSIS OF PERMANENT NEU TRALITY Definition of Permanent Neutrality Permanent Neutrality distinguished from: Self-neutralization Inviolability Protection Nature of the Contract: As evidenced by Treaties Full or Restricted Guarantee Joint or Several Liability. Objects of Permanent Neutrality Growth and Purposes of Neutralization PART II.-TREATIES OF NEUTRALIZATION 9 10 PART III.-EFFECTS OF NEUTRALIZATION Duties of Simple Neutrality The proposal for Disarmament. The Philippine Islands and Neutralization PART I ANALYSIS OF PERMANENT NEUTRALITY NEUTRALIZATION is the imposition by international agreement of a condition of permanent neutrality upon lands and waterways. Neutrality, from which it is derived, is of two kinds, that which is assumed from within, and that which is imposed from without, and neutral states may be divided into those which abstain from war of their own free-will, and those which by international conventions are restrained from all hostilities whatsoever and enjoy a perpetual peace. In either case the duty of strict impartiality toward belligerents remains the same. While simple neutrality is 'the condition of those states which in time of war take no part in the contest, but continue pacific intercourse with the belligerents ',1 neutralization perpetuates this condition by means of treaties effected between several powerful nations and the neutralized state. The international relationship thus arising between a neutralized state and its guarantors is a purely contractual one. It exists neither by rules of International Law nor in the agreed customs of nations, but solely in the treaties by which it is created, their purpose being to effect a relationship which shall exist permanently 1 Lawrence, International Law, 1895, p. 473. B between all the parties concerned, requiring from the neutralized state a continuous observance of peace toward all the world and from the guarantors the recognition of that state in integrity, independence, and perpetual peace. Permanent neutrality may be distinguished not only from the simple neutrality from which it arose, and from so-called self-neutralization, but also from that dependent relationship toward other states which characterizes a protectorate. Neutrality in its simple form is optional to all nations and is exercised at times by every one of them. It is assumed or put off at will, and every independent state may at any time exercise its right of sovereignty and, laying aside neutrality, engage in war. The rules which govern simple neutrality are general in character and depend for their recognition upon principles of International Law. Permanent neutrality, on the other hand, exists by reason of treaties alone, and has no other authority than that conferred in their provisions. It follows that no state can neutralize itself, however faithfully or at whatever cost the principles of neutrality may be observed. A contract, and the interdependent relationship of several states, is in all cases necessary. It is true that Dr. Schweizer, Professor of International Law at Zurich, has held that Switzerland enjoys her position of permanent neutrality quite irrespective of recognition from without. Her permanently neutral position, he says, 'exists of itself, and is in no way a creation of the Treaty of Vienna '.1 This is correct in so 1 Schweizer, Geschichte der schweizerischen Neutralität. |