Acts of war committed after different points are common. 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 When a treaty of peace is effective. war are not good prize. "The general effect of a treaty of peace is to replace the belligerent countries in their normal relation to each other." 2 In case of no stipulations 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.3 In 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.4 1 Case of Swineherd, 1801, 1 Kent Com., 173, note (b); "Sophie," 1 Kent Com., 174; 6 C. Rob., 138. 3 Treaties of U. S., 386. 'Hall, p. 553. OUTLINE OF CHAPTER XXII DEFINITION AND HISTORY OF NEUTRALITY 122. DEFINITION OF NEUTRALITY. 123. 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. 124. HISTORY OF NEUTRALITY. (a) Early conceptions of neutrality. (b) The United States and the principles of neutrality. 125. DECLARATION OF NEUTRALITY. 126. TWO CLASSES OF RELATIONS BETWEEN NEUTRALS AND BELLIGERENTS. (a) Between neutral states and belligerent states as states. CHAPTER XXII DEFINITION AND HISTORY OF NEUTRALITY 122. 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. 123. 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. A 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." 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. capacity to a specified extent. Neutralization may apply in various ways. Offensive hostilities forbidden neutralized states. Neutralization (a) Neutralized states are bound to refrain from offensive hostilities, and in consequence cannot make agreements which 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 is, however, a party to the Treaty of Berlin of 1885, agreeing to respect the neutrality of the Kongo State. This agreement "to respect" does not carry with it the obligation to defend the neutrality of the Kongo State. The important instances of neutralization are 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.1 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 is 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." 3 (b) A portion of a state may be the subject of an act of neutralization, as in the case of the islands of Corfu and 11 Hertslet, 64. 2 Ibid., 370; see also "La Neutralité de Suisse," S. Bury, R. D. I., II, 636. 2 Hertslet, 863. |