mean boundless liberty of action.1 Nobody maintains that the guaranteed protection of the independence and integrity of the neutralised State places this State under the protectorate or any other kind of authority of the guarantors. And the condition of neutralisation to abstain from war, treaties of alliance, and the like, contains restrictions which do in no way destroy the full sovereignty of the neutralised State. Such condition has the consequence only that the neutralised State exposes itself to an intervention by right, and loses the guaranteed protection, in case it commits hostilities against another State, enters into a treaty of alliance, and the like. Just as a not-neutralised State which has concluded treaties of arbitration with other States to settle all conflicts between the parties by arbitration has not lost part of its sovereignty because it has thereby to abstain from arms, so a neutralised State has not lost part of its sovereignty through enter ing into the obligation to abstain from hostilities and treaties of alliance. This becomes quite apparent when it is taken into consideration that a neutralised State not only can conclude treaties of all kinds, except treaties of alliance, guarantee, and the like, but can also have an army and navy 2 and can build fortresses as long as this is done with the purpose of preparing defence only. Neutralisation does not even exercise ar influence upon the rank of a State. Switzerland is a State with royal honours and does not rank behin Great Britain or any other of the guarantors of he neutralisation. Nor is it denied that neutralised States in spite of their weakness and comparative unimport ance, can nevertheless play an important part withi the Family of Nations. Although she has no voic

1 See below, § 126.

The case of Luxemburg, which became neutralised under the con

dition not to keep an armed ford with the exception of a police, wa an anomaly.

where history is made by the sword, Switzerland has exercised great influence with regard to several points of progress in International Law. Thus the Geneva Convention owes its existence to the initiative of Switzerland. The fact that a permanently neutralised State is in many questions a disinterested party makes such State fit to take the initiative where action by a Great Power would create suspicion and reserve on the part of other Powers.

But neutralised States must always be an exception. The Family and the Law of Nations could not be what they are, if there were a great number of neutralised States. It is neither in the interest of the Law of Nations, nor in that of humanity, that all the smaller States should become neutralised, as thereby the political influence of the few Great Powers would become still greater than it already is. It was the nineteenth century which called neutralised States into existencenamely, Cracow, Switzerland, Belgium, and Luxemburg.1 The Republic of Cracow 2 was by the Vienna Congress of 1815 created an independent and permanently neutralised State under the joint protection of Austria, Prussia, and Russia; but Austria annexed it in 1846. Belgium3 and Luxemburg ceased to be neutralised in consequence of the World War. Switzerland is therefore the only neutralised State in existence. The establishment of the League of Nations will probably have the consequence that in future no other States will become neutralised, because there will probably be no demand for it.

4

under the guarantee of England,
Austria, France, Spain, Prussia, and
Russia. However, as war broke out
again in 1803, this stipulation was
never executed.

2 See Nys, i. pp. 414-417.
* See below, § 99.
4 See below, § 100.

Switzerland.

Belgium.

§ 98. The Swiss Confederation,1 which was recognised by the Westphalian Peace of 1648, has pursued a traditional policy of neutrality since that time. During the French Revolution and the Napoleonic Wars, however, it did not succeed in keeping up its neutrality. French intervention brought about in 1798 a new Constitution, according to which the several cantons ceased to be independent States, and Switzerland turned from a Confederation of States into the simple State of the Helvetic Republic, which was, moreover, through a treaty of alliance, linked to France. It was not till 1814 that Switzerland became again a Confederation of States, and not till 1815 that she succeeded in becoming permanently neutralised. On March 20, 1815, at the Congress at Vienna, Great Britain, Austria, France, Portugal, Prussia, Spain, Sweden, and Russia signed the declaration in which the permanent neutrality of Switzerland was recognised and collectively guaranteed, and on May 27, 1815, Switzerland acceded to this declaration. Article 84 of the Act of the Vienna Congress confirmed this declaration, and an Act, dated November 20, 1815, of the Powers assembled at Paris after the final defeat of Napoleon, recognised it again.2 Since that time Switzerland has always succeeded in keeping up her neutrality. She has built fortresses and organised a strong army for that purpose, and in January 1871, during the Franco-German War, she disarmed a French army of more than eighty thousand men who had taken refuge on her territory, and guarded them till after the war.

§ 99. Belgium 3 became neutralised from the moment

1 See Schweizer, Die Geschichte der schweizerischen Neutralität, 2 vols. (1895), and Sherman in A.J., xii. (1918), pp. 241-250, 462-474, and 780-795.

See Martens, N.R., ii. pp. 157, 173, 419, 740.

3 See Descamps, La Neutralité de la Belgique (1902), and L'État neutre à Titre permanent (1912); Sanger and Norton, England's Guarantee to Belgium and Luxemburg (1915).

she was recognised as an independent State in 1831. The Treaty of London, signed on November 15, 1831, by Great Britain, Austria, Belgium, France, Prussia, and Russia, stipulated at the same time in Article 7 the independence and the permanent neutrality of Belgium, and in Article 25 the guaranty of the signatory five Great Powers. And the guaranty was renewed in Article 2 of the Treaty of London of April 19, 1839,2 to which the same Powers were parties, and which was the final treaty concerning the separation of Belgium from the Netherlands.

The neutrality of Belgium was violated in 1914, when Germany attacked her for the purpose of invading France through Belgian territory. For this reason Belgium, at the conference after the World War, asked that she should cease to be neutralised, and the Powers acceded to her demand. By Article 31 of the Treaty of Peace with Germany, Germany consents to the abrogation of the Treaties of April 19, 1839, which established the status of Belgium before the war, and undertakes to observe the new arrangements which are to be made by the Principal Allied and Associated Powers, in concert with Belgium and Holland. By Article 83 of the Treaty of Peace with Austria, Austria consents, and gives an undertaking, in similar terms.

burg.

§ 100. The Grand Duchy of Luxemburg 3 was from Luxem 1815 to 1866 in personal union with the Netherlands, but at the same time a member of the Germanic Confederation, and Prussia had after 1856 the right to keep troops in the fortress of Luxemburg. In 1866 the Germanic Confederation came to an end, and Napoleon III. made efforts to acquire Luxemburg by purchase from the King of Holland, who was at the same time Grand Duke

The

former Congo Free

State.

of Luxemburg. As Prussia objected to this, it seemed advisable to the Powers to neutralise Luxemburg. A conference met in London, at which Great Britain, Austria, Belgium, France, Holland and Luxemburg, Italy, Prussia, and Russia were represented, and on May 11, 1867, a treaty was signed for the purpose of its neutralisation, which is stipulated and collectively guaranteed by all the signatory Powers, Belgium as a neutralised State herself excepted, by Article 2.1

The neutralisation took place, however, under the abnormal condition that Luxemburg was not allowed to keep any armed force, with the exception of a police for the maintenance of safety and order, nor to possess any fortresses. Germany violated the neutrality of Luxemburg in 1914 for the purpose of invading France, and its neutralisation, like that of Belgium, came to an end as a result of the World War. By Article 40 of the Treaty of Peace with Germany, Germany adheres to its termination, and agrees to accept the arrangements which may be made regarding Luxemburg by the Allied and Associated Powers. By Article 84 of the Treaty of Peace with Austria, Austria agrees likewise. § 101. The former Congo Free State, which was recognised as an independent State by the Berlin Congo Conference 3 of 1884-1885, was a permanently neutralised State from 1885-1908, but its neutralisation was imperfect in so far as it was not guaranteed by the Powers This fact is explained by the circumstances under which the Congo Free State attained its neutralisation. Article 10 of the General Act of the Congo Conference of Berlin stipulated that the signatory Powers should respect the neutrality of any territory

1 See Martens, N.R.G., xviii. p. 448.

* Moynier, La Fondation de l'État indépendant du Congo (1887); Hall, 26**; Westlake, i. p. 30; Navez, Essai historique sur l'État indépen

2

within the Congo district

dant du Congo, vol. i. (1905); Reeve in A.J., iii. (1909), pp. 99-118.

See Protocol 9 of that conferenc in Martens, N.R.G., 2nd Ser. x p. 353.