there is a direct stipulation to that effect. This immunity is commonly called amnesty. (4) Provision for the release of the prisoners of war is often included. (5) The renewal of former treaties is provided for in many peace agreements. (6) Special provision may be made for cession of territory, indemnity, boundaries, or other contingent points.1 (b) A treaty of peace is usually held to be effective from the date of signature, or from the date set in the treaty. Provisions fixing the time at which hostilities shall cease at different points are common. Acts of war committed after the conclusion of peace or after the official notice of the termination of hostilities, are void. The Treaty of Frankfort, 1871, provides that maritime captures not condemned at the conclusion of the war are not good prize. When a treaty of peace is effective. "The general effect of a treaty of peace is to replace the belligerent countries in their normal relation to each other." 3 In case no stipulations or public interests are to the contrary, the doctrine of uti possidetis applies, by which the property and territory in the actual possession of either of the belligerents at the conclusion of the war vests in the one having possession.* Private rights suspended during the war revive on the conclusion of peace. Though it was once held that debts could be confiscated during war, this is now nowhere maintained. such cases the obligation revives on the conclusion of peace, and by the statute of limitations the period of the war is not reckoned in the time specified as the period at which debts become outlawed.6 In 1 Treaty between Spain and U. S., Dec. 10, 1898, 30 U. S. Sts. at Large, 1754; 2 Treaties, 1690. 2 Case of Swineherd, 1801, 1 Kent Com., 173, note (b); Sophie, 1 Kent Com., 174; 6 C. Rob., 138. 3 Hall, p. 598. 4 Sanchez v. United States, 216 U. S. 167; 2 Hyde, 856. See Phillipson, pp. 322 ff., for succession, public debts. OUTLINE OF CHAPTER XXII DEFINITION AND HISTORY OF NEUTRALITY 126. DEFINITION OF NEUTRALITY. 127. FORMS OF NEUTRALITY AND OF NEUTRALIZATION. (a) Neutralized states are bound to refrain from offensive hostilities. (1) Neutralization of Switzerland and Belgium. (b) A portion of a state may be the subject of an act of neutralization. (c) The neutralization of certain routes of commerce. (d) The Geneva Convention of 1906 neutralized persons and things. 128. HISTORY OF NEUTRALITY. (a) Early conceptions of neutrality. (b) The United States and the principles of neutrality. 129. DECLARATION OF NEUTRALITY. 130. TWO CLASSES OF RELATIONS BETWEEN NEUTRALS AND BELLIGERENTS. (a) Between neutral states and belligerent states as states. CHAPTER XXII DEFINITION AND HISTORY OF NEUTRALITY 126. Definition of Neutrality NEUTRALITY is the relation which exists between states which take no part in the war, and the belligerents.1 Impartial treatment of the belligerents is not necessarily neutrality. The modern idea of neutrality demands an entire absence of participation, direct or indirect, however impartial it may be. 127. Forms of Neutrality and of Neutralization The first form of neutrality is what was formerly known as perfect neutrality, in distinction from imperfect neutrality which allowed a state to give to one of the belligerents such aid as it might have promised by treaty entered into before and without reference to the war. At the present time the only neutrality that is recognized is perfect, i.e. an entire absence of participation in the war. Costa Rica stating on April 12, 1917, a year before declaring war against Germany, that it would permit "the use of its waters and ports for war needs by the American Navy" could not legally claim to be neutral.2 second form of neutrality is commonly known as armed neutrality. This implies the existence of an understanding, on the part of some of the states not parties to the contest, in accordance with which they will resist by force certain acts which a belligerent may claim the right to perform. The armed neutralities of February 28, 1780, and of December 16, 1800, defended the principle of "free ships, free goods." A Neutralization is an act by which, through a conventional agreement, the subject of the act is deprived of belligerent 1 The Three Friends, 166 U. S. 1, 52. N. W. C. 1917, 77. capacity to a specified. extent. Neutralization may apply ir various ways. (a) Neutralized states are bound to refrain from offensive hostilities, and in consequence cannot make agreements which Offensive hostilities forbidden neutralized states. may demand such action. Thus it was recognized that Belgium itself, a neutralized state, could not guarantee the neutrality of Luxemburg in the Treaty of London, in 1867. Belgium was, however, a party to the Treaty of Berlin of 1885, agreeing to respect the neutrality of the Kongo State. This agreement "to respect " did not carry with it the obligation to defend the neutrality of the Kongo State. Neutralization The important instances of neutralization were those agreed upon by European powers. By the declaration signed at Vienna, March 20, 1815, the powers (Austria, of Switzerland France, Great Britain, Prussia, and Russia) and Belgium. acknowledged that the general interest demands that the Helvetic States should enjoy the benefits of perpetual neutrality," and declared "that as soon as the Helvetic Diet should accede to the stipulations" prescribed, her neutrality should be guaranteed. The Swiss Confederation acceded on May 27, 1815, and the guaranteeing powers gave their acknowledgment on November 20, 1815.2 The powers also guaranteed the neutrality of a part of Savoy at the same time. The neutralization of Belgium was provided for by Article VII of the Treaty of London, of November 15, 1831, Belgium, within the limits specified in Articles I, II, and IV, shall form an independent and perpetually Neutral State. It shall be bound to observe such Neutrality towards all other States." Like provision was in the treaty of 1839.* 66 3 (b) A portion of a state may be the subject of an act of 1I Hertslet, 64. 2 Ibid., 370; see also La Neutralité de Suisse," S. Bury, R. D. I., II, 636. 3 II Hertslet, 863. 'Wilson, Neutralization, 4 Yale Review, 474. |