A brief history of neutrality under international law in Europa up to the First World War

Abstract

„Neutrality“ is a basic concept of political and social language and probably finds its most prominent application in the field of international law and international relations. Both European international law scholarship and state practice slowly developed a more positive attitude during the early modern period, which expanded in the course of the 19th century to become recognized as an institute of positive international law. Neutrality was defined in terms of international law, remained controversial in many details of international law policy and yet was unanimously seen as a „basic principle“ of international relations. This shift in perception processed historical experiences of conflict of state practice and lead to a codification of international law in
the course of the 19th century. Nevertheless, there remained a tension between legal positions and the actual power imbalance in international relations, which made the status of neutral states appear precarious. The question of legally permissible neutrality under international law was also contrasted with a political perspective, according to which non-neutrality sometimes
appears more desirable. The relationship between neutrality and impartiality was also assessed inconsistently. With the outlawing of war after the First World War and the ban on the use of force under the UN Charter, the perception and assessment of neutrality changed once again. It came under greater pressure to justify itself in the face of demands for solidarity among states against violators of peace who were to be sanctioned.