PERMANENT NEUTRALITY AND ECONOMIC INTEGRATION

Abstract

This chapter explores different aspects related to the concept of permanent neutrality and economic integration. The legal rules of neutrality, as contained in the fifth and the thirteenth Hague Conventions (1907) and partly developed by customary international law, must be observed by States not taking part in a particular war. A neutral State is not forbidden to supply belligerents with goods other than those serving military purposes. In times of peace, a State committed to permanent neutrality under international law must observe indirect, or secondary, obligations of a legal character. These duties emerge from those applying in times of war. Permanent neutrality implies restrictions upon the neutral State's freedom of action in particular with respect to treaties. This applies also in cases where the conduct of foreign relations is influenced by indirect obligations of permanent neutrality. There are situations in times of war and peace in which a permanently neutral State may find it advisable to go beyond legal requirements to render its neutrality unquestionable and trustworthy.