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LongBench v2 / 66fe8eb3bb02136c067ca35f / According to the paper, what is the fundamental difference in jurisprudence…
Problem
Answer published by the source. Consult the official source to check your work against its answer.
choice A
In the same context, the industrialised countries are permanently neutral and the non-aligned countries are mostly developing countries with the same legal status.
choice B
The legal status of permanent neutrality is based on international treaties or unilateral declarations, whereas the legal status of non-aligned countries is that they do not belong to any military alliance
choice C
Permanently neutral States must conduct their national defence in accordance with the standards of international law and are juridically prohibited from engaging in non-violent defence. The non-aligned countries are not so legally bound and are required only to advocate disarmament and arms control.
choice D
None of them
context · full text (64,715 characters)
PERMANENT NEUTRALITY AND NON-ALIGNMENT: SIMILARITIES AND DIFFERENCES By Hanspeter Neuhold* THE states forthcoming to be held at sixth Havana "Summit" this fall provides Conference an appropriate of the opportunity non-aligned states to be held at Havana this fall provides an appropriate opportunity for comparing the legal status of permanent neutrality and the political doctrine of non-alignment. Not only the general public but even experts on foreign affairs in permanently neutral states are rather ill-informed about the characteristics of the non-aligned movement. Similarly, the status of permanent neutrality is often not correctly perceived in the non- aligned camp. The first part of this article will consist of brief summaries of the main features of permanent neutrality and non-alignment; a comparison of their most striking similarities will then be made. This paper is based on relevant legal and diplomatic documents, "traditionalist" scholarly literature and a recent empirical study.1 One important finding of the following comparative analysis should be stated at the outset: both the aspects which the permanently neutral and the non-aligned states obviously appear to have in common and those which clearly separate them at first sight will have to be qualified against the background of the actual behaviour of the countries concerned, so that the final picture which will emerge as a result of this article is going to be more complex than might be expected. PERMANENT NEUTRALITY2 A permanently neutral state is, by virtue of an international treaty or a binding unilateral declaration, under a legal obligation not to participate in any future war. Hence it has to observe the norms of the law of neutrality whenever a war as defined by international law breaks out. These obligations, which are partly codified in international treaties3 and partly based on customary law, can be divided into four categories: The obligations of abstention can best be summed up as the (absolute)4 prohibition to directly or indirectly provide belligerents with military support. Consequently, a neutral state must not, for instance, furnish troops or war material to belligerent parties, nor may it grant loans for military purposes to them. Under the obligations of prevention, neutrals are not to permit states involved in a war to engage in military activities on their terri- tories, e.g., the establishment of military bases. Similarly, the transit *Dr. Neuhold is Associate Professor of International Law and International Relations at the University of Vienna and the Austrian Diplomatic Academy. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 286 HANSPETER NEUHOLD of belligerent troops or impeded. Under the Dam these obligations lies in th it prove, at least over a c put an end to such encro negatively affected by the however, that armed hos to the neutral state's terr war - the very result wh by choosing a neutral pos The principle of impart gation of treating bellige military sectors where no o a neutral decides to pla it must apply the emba Finally, by virtue of the must put up with certain be clearly illegal. In par the freedom of the high merchantmen carrying c These norms of the law in mind if one wants to real neutral states must alread to refrain from any act w for them to abide by the a able to comply with them According to the 1954 Offici and secondary obligation It goes without saying t launch a war of aggressio of abandoning neutrality on all states by virtue of In addition, states that neutrality must maintain and neutrality and provi if only to live up to thei The minimum which the by the international stand taken by comparable cou proportion of GNP, spen be used as a yardstick to standard.8 As to the secondary ob This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 287 above has far-reaching implications especially for th and the international economic relations of perm states. When it comes to assuring its defence, a permanently neutral state must rely primarily on its own strength, because membership in a military alliance even for purely defensive purposes, is ruled out by its special status ; otherwise, it will be confronting an insoluble dilemma, whenever one of its allies is attacked by an aggressor and becomes involved in a war. On the one hand, if a permanently neutral state took up arms to come to the victim's rescue in accordance with the alliance treaty, it would violate the obligations of abstention and impartiality. If, on the other hand, it were to invoke these principles resulting from its neutrality, it would, of course, refuse to abide by its main obligation as an ally. In order to forestall the emergence of this dilemma, permanently neutral states are barred from entering into alliance agreements altogether, even with other countries endowed with this status. Similarly, they must not permit the establishment of foreign military bases on their territories. For, when their owner becomes involved in a war, their use constitutes a violation of the obligations of abstention and may draw the neutral state into the war. Although permanent neutrality thus casts a long shadow on the security policy of the states that have adopted this status, it neither prohibits "unilateral alliances", i.e., the guaranty of the neutral's independence and territorial integrity against aggression by other states, nor ad hoc requests for help if they are attacked and their neutrality terminated. Moreover, although permanent neutrality and participation in a system of collective security appear mutually exclusive in principle, the flexibility of the UN system allows permanently neutral states, too, to apply for admission to the Organization.9 The UN Charter does not call for automatic sanctions by its members against the guilty states whenever an act of aggression, a breach of the peace or a threat to the peace occur. The Security Council must decide in each concrete case whether such a situation requiring forcible measures exists, against whom they are to be taken, whether armed force is to be resorted to or non-military sanctions suffice, and finally whether all member states or only some of them are to participate in them. In point of fact, Art. 48 of the Charter expressly authorizes the Council to call upon some members only when it deems action necessary to maintain or restore international peace and security. Permanently neutral member states can thus be exempted from military sanctions which would jeopardize their status.10 In a similar vein, permanently neutral states must refrain from economic ties which, because of the scope of the areas envisaged for co-operation and/or the institutional integration are so close as to compromise the future observance of the law of neutrality. For these reasons Austria, Sweden This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 288 HANSPETER NEUHOLD and Switzerland were free not of the European Comm a special free trade arrange sions to safeguard the thr Last but not least, perman a policy of neutrality. Its o of the other states beyond in the aforementioned fiel behaviour patterns have h steps to be taken in the purs by international law. They ment concerned. Yet, the s of the rest of internationa becomes clear once the g The "positive" policy of ne countries special internatio too often, neutrals have bee conflicts, letting the belliger too. Hence they have to con functions which are usefu states are particularly qual in international conflicts operations or to invite int quarters and to host intern The "negative" componen the credibility of a perman to defend itself effectivel developed by neutrals as a demonstrating to a would- occupy their territory in ter and political goodwill as we from occupation.14 A final point which is wo concerns the ideological di have opted for this status Yet, their governments and the credibility of their cou not at least moderate the tone of their criticism. At present, only the permanent neutrality of Austria and Switzerland does not give rise to any doubts. Switzerland had factually practised this status ever since its expansionist ambitions had been thwarted at the battles of Marignano and Pavia early in the sixteenth century. Its permanent neutrality was eventually recognized and guaranteed by the then Great Powers in the course of the comprehensive political settlement after the defeat of Napoleon in 1815. Austria benefited from a brief thaw in the This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 289 Cold War as the Soviet Union agreed to join the three ot powers, France, the United Kingdom and the United Sta Austrian independence by affixing its signature to the Austr in exchange, Austria declared its permanent neutrality Sweden has been observing permanent neutrality as a foreign policy ever since the early nineteenth century witho into, however, any legal obligation to this effect. Fin at best be described as "asymmetrical neutrality" with a The peculiar legal foundation of this status is the 1948 Treaty Co-operation and Mutual Assistance which was renewed in 1955 and 1970.16 Whether Laos can really be included among the permanently neutral states as a result of its Declaration of Neutrality and the corres- ponding multilateral Geneva Agreements of 1962 is open to question, especially in the light of more recent events.17 Finally, a good case can be made for the Vatican State's permanent neutrality under one of the three Lateran Treaties concluded between Italy and the Holy See in 1929; yet, because of its size and other peculiarities, it can be omitted for the purposes of the present analysis.18 non-alignment19 In the brief history of non-alignment, three phases can be distinguished which highlight the evolution of the main features of the movement. The first period, which lasted from the mid-fifties to the mid-sixties, was characterized by the struggle for self-assertion and non-involvement in the Cold War on the one hand and efforts to strengthen the non-aligned camp by accelerating the de-colonization process, on the other. Thus, the key concept of non-alignment was construed rather strictly, as membership in military alliances and the lease of military bases to foreign Powers,20 at least in the context of Great Power conflicts, were denounced as contrary to the principles of the emerging movement. The non-aligned states also rejected the establishment of an alliance among themselves and did not regard themselves as a (third) bloc in world affairs. They envisioned loose co-operation within the non-aligned group and declared themselves in favour of strengthening the United Nations. On the legal plane, they stressed "Panchsheel", the five principles of "Peaceful Coexistence."21 In general, respect for territorial integrity and sovereignty, non-aggression, non-interference in internal affairs, equality and mutual benefit and peaceful coexistence are well-established norms of international law, with the exception of the last, very vague and ill- defined principle.22 It is also hardly surprising that the non-aligned countries singled out principles which particularly protect the weaker states in the international arena. Especially during this first phase, non-aligned spokesmen underlined the moral superiority of their approach to world affairs. In doing so, they This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 290 HANSPETER NEUHOLD tried to counter those crit stance as immoral.23 By as a struggle between good positive, superior mission f each specific dispute betw emphasized the active role were thus to contribute to i and mediation to the Cold between them. Their searc national system was furthe (Afro-Asian) cultural simil Their low level of econo even though economic dem Thus, merely three and a h at the first Conference of H Countries held in Belgrade only one of the eleven Cha which took place in Cairo Throughout those years, e to independence by colonial used the United Nations to to self-determination ensh superior "fundamental" no people entitled to self-d boundaries, arbitrarily dra overseas territories27, left with the seeds of future eth The second half of the s appointment for the non-a hopes and expectations of between the more radica to be precarious. The rappr wake of the Cuban missile cr each other more difficult. Congo and the United Stat in Vietnam demonstrated th the military clout of Great the psychological fascination to traditional power polit founding fathers of the n Nkrumah and Sukarno were It was therefore all the disappearing from the in states recovered and cam kept growing as the move This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 291 Whereas the Belgrade and the Cairo Conference of 1961 attended by 25 and 47 states respectively, the number o participants rose to 54 at the 1970 Lusaka, 75 at the 1973 tually 86 at the 1976 Colombo "Summits." Still more importantly, the emphasis of the non-align has been shifted to demands for economic reforms. The Third World has come to realize that political and legal de-colonization have not solved its problems, because their genuine independence requires economic de-colonization as well. It dawned upon developing countries that the neo-liberal international economic system, established after the Second World War, served only the recovery and development of the (Western) industrialized states, whereas the promised "trickle-down effect" permitting the Third World to automatically obtain a fair share of the benefits did not materialize. On the contrary, the gap between rich and poor countries kept widening. It is no wonder that the latter are focusing their demands on the creation of a New International Economic Order based on the principles of equality and justice. This New Order is not restricted to a few cosmetic operations within the existing system. It is conceived as a comprehensive scheme of fundamental structural changes which are to eliminate the present asymmetries in international economic relations. In particular, the develop- ing countries insist on ending their subservient role as suppliers of raw materials, confronting terms of trade which are continuously deteriorating. The New International Economic Order also includes far-reaching reforms in such areas as international monetary matters, development aid, foreign investment, technology transfer and industrialization.31 The non-aligned camp espoused these demands in declarations adopted at their last three Summit conferences in Lusaka (1970), Algiers (1973) and Colombo (1976). It has become the political spearhead of the "Group of 77" (now comprising almost 115 member states) which can, to a certain extent, be compared with a trade union of global dimensions. The common economic plight has so far prevented the disintegration of the movement which could have resulted from increased membership and heterogeneity and the shift from bipolar East-West confrontation to multipolarity in the international system.32 The non-aligned movement has, on the contrary, strengthened its hand in this world-wide, mainly socio-economic struggle by recently enhancing its institutional cohesion.33 Thus, conferences at the levels of Heads of State and Government as well as Foreign Ministers are convened not only more frequently and regularly but have also undergone a change in character. Previously, non-aligned "Summits" were held as rather informal meetings of like-minded political leaders who discussed mainly political issues. In the seventies, these high level conferences have become more structured and are more carefully prepared. Economic problems are debated at least on a footing of equality with political items on the agenda. Lengthy docu- ments are published at the conclusion of these meetings. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 292 HANSPETER NEUHOLD Moreover, it was decided the "Summit" Chairperson, respective host country as t movement for the three-y highest level. In addition, a the non-aligned states estab ship was increased from 15 on the levels of their Forei Nations and is to meet at le As its name indicates, the B activities during the interv of reference include also the and the discussion of urgen well as the submission of p Small groups of between tw the actual implementation the health sector, there is ju of these groups was incre The sectors they cover range sports. In addition, groups specific purposes if need be. zation was the creation, in This attempt at "decolonizin of the "Northern" news ag field, which are criticized for Third World. What has not strengthening the hand of t secretariat of the non-align SIMILARITIES AND DIFFERENCES Non-membership in Military Alliances The most evident common denominator of permanent neutralit non-alignment consists of non-participation in military alliances among permanently neutral or non-aligned states themselves. With to permanent neutrality, there exists a clear-cut legal prohibition effect; the refusal of non-aligned countries to enter into military ments is based solely on a political maxim. Moreover, this non-participation has been restricted, from the very beginning, to multilateral military alliances and other agreements, "concluded in the context of Great Power conflicts"35 which, however, were not specified. As already mentioned, the very raison ďetre of the emergence of the non- aligned group was its desire to steer clear of involvement in the Cold War, a conflict between industrialized Powers, of only secondary concern to them. Consequently, membership in NATO, the Warsaw Pact, CENTO This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 293 or SEATO was regarded as out of the question for a non- Yet, OAS did not fall into the category of unacceptable allian was one of the founding members of the movement which in was joined by several other Latin American states, too. The also to apply, for instance, both to Francess multilateral mili ment with the Defence Council of Equatorial Africa and bilat treaties concluded by the United Kingdom with ten states, were admitted to non-aligned conferences.36 Obviously* all t ments were excluded from "the context of Great Powers conflicts" - a debatable decision* especially in the light of increasing East-West rivalry in Africa in recent years. Despite the aforementioned recent progress in this respect, the present degree of institutionalization within the non-aligned group would still appear compatible with its refusal to form a "third bloc" in world affairs.37 This diagnosis is borne out by its only partial cohesion in its voting record in the UN General Assembly. For, whereas the non-aligned countries close their ranks whenever economic and de-colonization issues are put to the vote, they are divided on other political problems, especially those concerning East-West relations. It is a fine question as to when their inte- gration would reach an intensity contrary to the above principle. It may become relevant if and when the developing countries do embark on the strategy of collective self-reliance which they have been verbally stressing ever since the 1970 Lusaka Conference. If taken seriously, closer economic co-operation - for instance by the creation of a common market - may necessitate restrictions on the sovereignty of the states involved. As to the permanently neutral states, their co-operation remains rather loose,38 the friendly and cordial character of their mutual relations and their many common interests notwithstanding. Differences Between Permanently Neutral and Non-aligned States Differences between permanent neutrality and non-alignment seem to prevail - at least at first sight. First and foremost, there is little if anything which permanently neutral and non-aligned states have in common in terms of their respective objective conditions. The permanently neutral states are all industrialized countries in Europe which stick to a Western pluralist-democratic political system and to a (more or less) "capitalist" market-oriented economic order. Almost all non-aligned countries are situated in Africa, Asia and South America. They share a low level of economic development. Many of them opted for a one-party political system and a Socialist planned economy.39 If measured in terms of modern military hardware, GNP or similar criteria, their power potential still appears negligible. Because they are small, albeit developed, however, the European neutrals are facing a number of economic problems familiar to developing countries.40 Their exports are in fact concentrated on relatively few commodities and markets. To make matters worse, the structure of their This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 294 HANSPETER NEUHOLD foreign trade is also unfavo a higher share of their exp those requiring advanced tec national commercial relations trade tends to be negative. economic field, their primary facturing sector smaller and compete in international m technological level. To make m to other small developed cou from remedying these stru integration with other coun beyond certain rather low th That is, of course, not to s sitting in the same economic b ments have begun to realize, h be identical to those of the l Other recent development developed and developing s power factors have strength in the international arena.41 O in the destructive capabilities states' military potential de terror" and the danger of c and their allies escalating a standards of technological not automatically provide the by the case of Japan. On the other hand, the valu ing countries is not on the are within the reach of a gr of resorting to them by a dev the wall of misery and fam relevant in the wielding of few Third World countries impossible. They should dete example to ensure access to n drastically demonstrated th have-nots" can even resist a n to adjust to this type of wa The success of the "oil weap increasing strength to be dr to modern industry.42 This need foreign assistance for marketing of the natural re This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 295 and are relatively invulnerable to counter-pressure. Public op the Third World has learned to use to its advantage through Nations and otherwise is becoming also less of a "quantité nég world affairs. Finally, the "chaos power" of the South kee as the global problems of mankind - be it nuclear proliferation pollution - cannot be solved without its co-operation. All t mean that the tables are all of a sudden turned in the develop favour, but merely that they areno longer helpless underdogs in in Power politics. The two types of status, pursuing different kinds of neutrality sense, are also distinguishable from a simple numerical po Permanent neutrality has up to now been a rather unusual to very few states. For the countries in question were, and ar on the main front of Great Power confrontation; at the sam benefit(ed) from a privileged geopolitical position of secondary The result was that the Great Powers jointly renounced direct the territory of the state whose permanent neutrality they accepted.43 This applies to Switzerland's primary strategic tr the passes across the Alps, as well as to the transformation into a permanently neutral wedge in Central Europe in 1955 wh with Switzerland, extends over a length of some 800 kilo obviously favours the Warsaw Pact to NATO's detriment,44 s Soviet Union's decision to relinquish the Eastern part of Aust appears better understandable). Similarly, Sweden's factua neutrality today makes sense against the background of the Nordic Balance, with Denmark and Norway having thrown with NATO45 and Finland trying to steer an independent course as country in terms of its political and economic structures, wi antagonizing her powerful Soviet neighbour. In contrast to the exceptional character of permanent neutra evolved in the era of the European balance of power system, t of the members of the contemporary society of states has o much more recent counterpart, which is the Third World's r the bipolar global system emerging after the Second World Wa was facilitated by the revolutionary advent of the nuclear ag even the Super Powers face annihilation in a conflict fought w weapons by both sides, and the resulting shift to "milieu goals politics through indirect control and penetration instead of gains.46 The Great Powers therefore came to accept the refu countries in the "gray area" in the Southern half of the globe in their confrontation, the Cold War and its successor, deten Legal status v. Political doctrine Permanent neutrality is a legal status consisting of well-defined obligations, which the state bound to it is not free to alter un This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 296 HANSPETER NEUHOLD terminate at will. By contrast, t binding on the states subscrib doctrine from which deviation patterns of non-aligned state they are consistently observed d with opinio iuris*1 Should the non-alignment would be transfo law. This evolution has not ye to prove the existence of opinio impossible. "Passive" Permanent Neutrality v. " active " Non-alignment? One widespread misunderstanding concerns the political role and the ideological dimension both of permanent neutrality and non-alignment. On the one hand, representatives of non-aligned countries are among the most outspoken critics of the allegedly "passive", isolationalist stance of permanently neutral states in world affairs.48 On the other, both foreign policy experts and public opinion in the West, and in the permanently neutral states, accuse the non-aligned group of "immoral neutralism" because it refuses to support what these critics regard as the just cause in the central East-West confrontation. On closer analysis, both reproaches turn out to be rather ill-founded. As was mentioned earlier, permanently neutral states pursue a "positive" policy of neutrality whose "active" character cannot be denied. By trying to contribute to the peaceful settlement of international conflicts in various ways, such as offering their good offices and mediation, acting as protecting Powers, hosting international conferences and international organizations or participating in peace-keeping operations, they, too, engage in "bridge- manship" upon which some non-aligned leaders prided themselves.49 They are well aware that their survival as neutrals depends, to a large extent, on the success of their attempts to make themselves useful to other states. Realistically taking account of their small number and the limitations upon their power, they prefer, however, the channels of quiet diplomacy, so that their activities sometimes may not receive the publicity which they would deserve. At any rate, the criticism of the neutrals' passive stance in world affairs was at best justified in that past age where the right to go to war at will was considered an element of state sovereignty, but the negative effects of armed hostilities were limited by the (relatively) "primitive" weapons technology and the mechanisms of the European balance of power system.50 Neutrals were regarded as seconds in a permissible duel between other states.51 By their mere non-involvement therein they rendered, in this view, a positive service. It helped isolate the belligerents and facilitated their return to peace. In the contemporary era of nuclear "overkill capabilities", in which the use of force is outlawed, and in an increasingly This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 297 interdependent world, permanently neutral states are not b realities. They realize full well that they, too, are required to contribution to the solution of global problems for which th cularly qualified. As regards the ideological dimension o neutrality, the states concerned (above all Switzerland) d passive on this front either. In order to enhance their inte and to add to the legitimacy of their status in the eyes of th world, the permanently neutral states rather sought to cre mission.52 This mission was sometimes even propagated i terms. Thus the Swiss, time and again, called for the "Helveti world; if the other states only adopted their democratic, fe humanitarian ideals, eternal peace would reign on earth...53 Those who denounce the "immoral" character of non-alignm the East-West conflict as a confrontation between good a this point of view, "those who are not for us are - indeed - These critics fail to understand that to the non-aligned stat War appeared in a different light. It was a conflict between t opponents, namely blocs of industrialized countries. They the to take sides once and for all. This step would only have comp newly-won independence, imposed military burdens on the have drawn them into a fatal clash between the Super Powers. was thus dictated by their national interests - a principle wh nents of "neutralism" would never question in the case of the That the non-aligned countries underscore more strongly t superiority of their movement than the permanently neutral sta surprising. The moralistic undertones stem from their effo their critics and their search for identity on the internation are also due to self-confidence built on achievements and numerical strength.54 Another alleged difference is worth mentioning in this context. Non- aligned activism in the United Nations is sometimes quoted as evidence of a dynamic role in world affairs,55 which, in this view, the permanently neutral states are unable to share. True enough, the non-aligned states have gained control of those UN organs in which their voting power tips the scales. Yet, the permanently neutral states do not sit by idly. Admittedly, Switzerland, because of its negative experiences as a member of the League of Nations, has not yet applied for admission to the United Nations. Austria, however, as a newcomer on the international scene in 1955, staked its hopes on the Organization from the very beginning. Nor can it be denied that Sweden is among the most active members of the United Nations whose influence far exceeds its material power base. An Austrian citizen is serving his second term as Secretary-General of the Organization. One of his only three predecessors was a Swede. Vienna's most ambitious architectural venture after the Second World War, the "UN City", is designed to host IAEA and UNIDO and other UN organs This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 298 HANSPETER NEUHOLD and serve as an international conference center. Sweden and Austria are second to none when it comes to participating in United Nations peace- keeping. The above considerations are not to deny the differences in the approaches to world affairs adopted by the two groups of states. The Europeans, whose time-honoured, narrowly defined status is in the main restricted to legal obligations in the military sector, emphasize stability and the maintenance of a balance of forces in international relations. Although the non-aligned states also oppose shifts in the existing power structure leading to hegemony by one side, they denounce the division of the world into military blocs, whose very existence creates dangerous tensions in their eyes.56 Moreover, non-alignment is a comprehensive doctrine aiming at structural changes in the international system Armed Permanent Neutrality v. Disarmament under the Auspices of Non-Alignment? As already mentioned, permanent neutrality includes the obligation to provide for defence in accordance with the international standard. As long as other states maintain armed forces, permanently neutral states must follow suit. A shift to civil, i.e., non-violent defence is consequently out of the question, even if the political conditions in a permanently neutral state seem to ideally lend themselves to this alternative to armed violence. Instead of leading the way, the permanently neutral countries are, on the contrary, the last to lay down their weapons. The non-aligned states are among the most outspoken critics of the arms race.57 At their very first "Summit" conference in Belgrade in 1961, they devoted six of the 27 points of the Declaration adopted to questions of disarmament and arms control.58 The desire to slow down and reverse the development and accumulation of military hardware has remained one of their main concerns over the years. Their call for a special session of the UN General Assembly on disarmament (or a World Disarmament Conference) at the 1961 Belgrade Conference, last reiterated by the partici- pants to the Colombo "Summit" in 1976, finally met with a positive response by the other states. In fact, a Special Session of the General Assembly on Disarmament was convened in 1978. Its concrete results, however, were rather meager, despite agreement on a fairly lengthy (but not binding) final document.59 The interest of the non-aligned countries in ending the arms race is obvious. The gap in their power potential, especially vis-a-vis the countries ahead of them in military technology, would be gradually bridged. The huge sums spent on adding new, more sophisticated and more expensive weapons to the arsenals of industrialized countries could instead be channelled into the development of the Third World. Consequently, there seems to exist another fundamental difference between the permanently neutral states which, whether they like it or not, are involved This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 299 in traditional (military) power politics, and the non-aligned m which actively campaigns for a better, more peaceful world. Y they emphasize the necessity to maintain the balance of forc the major blocs, the permanently neutral states, too, support initiatives. They offer their conference facilities to arms control n S ALT J took place in Helsinki and Vienna, SALT-II in Ge MURFAAMCE negotiations are being held in Vienna, the SAL ments were also signed in the Austrian capital. To mention ju recent example, Sweden and Austria played a particularly activ the 1978 Special Session of the UN General Assembly on Disar Moreover, the non-aligned countries, in their actual behavio refrain from acquiring weapons. At the Lusaka Conference, t that international peace and security were not only to be safeguard the development of the social, economic and political but also of th strength of each country.61 It is quite understandable that the too, try to provide for their security by conventional means force - but then, they cannot claim to be different from other st the limited economic and financial resources of the buyer coun trade with the Third World is continuously increasing.62 Mo aligned states are also actually using their military hardwa e, e each other, e.g., in the Horn of Africa and Indochina, wherea nently neutral state ever committed an act of aggression. Once is thus more complex than declarations of principle might su Permanent Neutrality and Non-alignment in the East-West C In addition to the traditional difficulties of maintaining in and neutrality inherent in a precarious status, permanently ne are faced with new problems brought about by recent develo international relations. Permanent neutrality originated in an international system in which war was an acceptable and frequently-employed instrument of foreign policy. The law of neutrality therefore focuses on the military (and governmental) sector. Even Austria's permanent neutrality was established between the parties to the Cold War at a time when resort to armed force by them could not be ruled out. The first novel dilemma which confronts permanently neutral states is the growing obsolescence of war in a technical sense.63 The decisive legal criterion for the existence of the state of war is animus belligerendi, i.e., the belligerents' intention to break off all peaceful relations with the enemy and apply the international law of war, instead of the law of peace - and not the outbreak of armed hostilities! If only to avoid the odium of openly violating the prohibition to resort to war, states nowadays refrain from issuing declarations of war which would prove their animus belligerendi beyond any doubt. They nevertheless pursue their foreign policy goals by force of arms "short of war" which they try to justify, more or less plausibly, This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 300 HANSPETER NEUHOLD as (preventive) self-defence, permanently neutral states ha only in future wars as defin do so in armed conflicts fough do abide at least by the main prudence. The situation was further complicated by the trend towards subtler forms of violence. Formerly, regular armed forces of states in uniform used to fight battles on the front with conventional weapons. Nowadays, civil strife, often "by proxy", i.e., supported by other states, in which the parties rely on the methods of guerrilla strategy, and "indirect aggression" are increasingly replacing "classical" inter-state warfare. The permanent neutrals are skating on even thinner legal and political ice since the East-West conflict crucial to their status gave way to dótente or "peaceful co-existence".64 Both camps involved now agree that an armed clash must be avoided, because it may lead to mutual annihilation in the thermo-nuclear age. The center of gravity of the nonetheless ongoing confrontation has therefore shifted to the economic sphere and the ideologi- cal plane. On the economic level, East and West not only co-operate, especially in areas where their interests happen to be complementary; they are simultaneously also engaged in more than "normal" competition in which each side attempts to demonstrate the superiority of its economic system. Both parties hope that their examples will prove "contagious" and eventually be followed by the opponent, too. On the ideological front, the "Socialist" bloc has always insisted that confrontation must not be renounced. The other side has taken up the gauntlet. Probably to its own surprise, the West finds itself on the offensive with its human rights campaign which encourages similar claims by dissidents in the "Socialist" camp. The permanently neutral states cannot (and do not wish to) sit on the fence in this variant of the East-West conflict. They never made a secret of the fact that they are to be counted among the pluralist democracies with (at least partly) market-oriented, liberal economies. They are therefore by no means neutral in these respects, but must be included in the Western camp. In contrast, the original common denominator of non-alignment was the desire not to be involved in the Cold War. It was in this conflict that the countries concerned opted for a neutral position in principle. They saw it contrary to their interests to side with any of the two blocs, whose very existence, in their opinion, posed a continuous threat to world peace and whose dissolution they therefore advocated. Furthermore, from the point of view of the developing non-aligned states, both East and West belong to the opposite camp of industrialized countries, due to their advanced economic development. When it comes to actual political behaviour, however, the line of cleavage This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 301 between non-aligned and permanently neutral states again turns be less clear-cut than the above statements of principle suggest. The non-aligned movement merely refuses to take sides once an all in the East-West conflict. Its members insist on judging ea separately on its merits and supporting the side whose cause just in the dispute at hand. A quantitative analysis of their voting b in the UN General Assembly reveals that they often are deeply d over East-West questions.65 On the ideological level, many non countries, if only to speed up their economic and social developm for a one-party political system and economic planning; other pluralist democratic structures and market mechanisms. Hence, the help sympathizing with the side in the East-West conflict which the same political values and economic principles. Yet, as mentioned non-aligned countries underline their "active bridgemanship" to mitigate the East-West conflict by offering their good offices, med arbitration to the parties. Although the European neutrals reject any legal obligation to ob neutrality in the struggle between political and economic system nevertheless have a vested interest in the reduction of tension between the East and the West. An atmosphere of detente enlarges their freedom of action in various fields, as both blocs are then more inclined to tolerate neutral activities even if the other side benefits from them. In their "positive" policy of neutrality, the states in question therefore also try to build bridges between East and West. They offer their conference facilities to inter- svstemic negotiations, such as CSCE, SALT or the talks on MURFAAMCE, or their participation in the verification of arms control agreements. If called upon, they are also willing to assume those other functions for which non-aligned states feel particularly qualified. It remains to be seen whose services the Great Powers prefer. On the whole, the non-aligned countries may have over-estimated their potential in the light of the trend towards bilateralism in Super Power relations. The Big Two usually choose to settle their problems in face-to-face negotiations, without bringing in a third party. Despite different points of departure, in principle, non-aligned and perma- nently neutral states consequently even meet half-way every now and then. Thus the European neutrals joined forces with the non-aligned participants to the Conference on Security and Co-operation in Europe, namely Cyprus, Malta and Yugoslavia, to form the so-called "N+N" group. Together they worked for compromise solutions to issues over which the East and the West were divided, such as confidence-building measures or human rights. They were instrumental in bringing about agree- ment on these and other hotly debated issues in the Final Act of CSCE. The role played by these "honest brokers" in the "codification of détente " exceeded the'r actual power potential as compared with that of the two blocs led by the Super Powers. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 302 HANSPETER NEUHOLD Permanently Neutral and No Another conflict which will m during the next decades is th for a New International Ec justice. Its establishment wi national economic system an political matters. In this global confrontation not neutral but rather the the latter's spokesman in the 77" represents it as its econo Whether they like it or no are entrenched in the oppos countries, to whom the de sometimes accused of havin first phase of the North-South colonization of dependentte that the non-aligned movem of non-involvement in the enough, the European neutra issues in the UN General Ass to a basically colonialist po radical formulations to whi objecting to de-colonization they unequivocally condemn Southern Africa and denoun Moreover, upon closer anal turns out to be impressive such as votes in the Gener consistent if relatively little involved are considerable. A the agreed upon policy are example, neither the ruptur links with South Africa urg aligned group were carried out The European neutrals can current second phase of the has shifted to the socio-econ as neutral bystanders by eith Because of their particular economies and the prohibitio integration with other states stake in the avoidance of an all-out North-South confrontation. Hence they ought to try, together with other like-minded countries if possible, to help settle this conflict. They should conceive methods of implementing This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 303 the New International Economic Order which would be beneficial to both sides and thus move it beyond the present zero-sum game perspective. For instance, Western engineers looking for a job might be employed to develop adequate technologies for the Third World. "Bridgemanship" performed by the European neutrals in the North-South conflict could be facilitated by their own awareness that their interests do not wholly coincide with those of the great economic Powers. Furthermore, they may be acceptable to the South in this role because of their non-colonial credentials - in point of fact, the states in question never embarked on overseas colonialism. If they wish to be credible, however, in the eyes of the Third World, mere lip service to the noble cause will not suffice. Those of them that are lagging behind in this regard will have to increase their development assistance. CONCLUSIONS From the above analysis it cannot, of course, be inferred that there no far-reaching differences between permanently neutral and non-alig states. In terms of numbers, geographical location, economic developm and systems, political structures, legal status and basic positions in the global conflicts of our age, they are indeed fundamentally dissimilar. Equall important is the fact that the two categories of states perceive each ot as different. Yet, there are also quite a few interests which they have in common. They are relatively powerless and should therefore strive to reduce tension between the Great Powers in order to enhance their own freedom of action. They are confronted with a number of similar economic difficulties; small developed states that are excluded from integration with other countries beyond a low threshold of intensity are, in fact, facing the threat of occupying an increasingly peripheral position within the industrialized world. Hence, they should better understand the problems with which the developing countries are struggling on a global scale. Moreover, when it comes to actual behaviour in the international arena, permanently neutral and non-aligned states are not as far apart as they could be expected to be against the background of the above distinctions. It is therefore hardly surprising that the neutrals are by now regularly invited to attend non- aligned "Summits" as Guests. The conclusion to be drawn from this paper is that, in this field, too, mutually entertained cliches should be corrected. They ought to give way to more balanced views which take complex realities into account. June 1979. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 304 HANSPETER NEUHOLD FOOTNOTES 1 P. Willetts, The Non- Aligned Movement: The Origins of a Third World Allianc New York, 1978). Willetts' quantitative analysis does not go beyond 1970 empirical research along the same lines in order to bring his findings upto date highly desirable, would exceed the scope of this article. For a recent step in thi see Klaus Burri; The Non-Aligned Developing Countries 1968-1972; Voting A in the UN General Assembly and Foreign Relations with the Soviet Union and (Kleine Studien zur Politischen Wissenschaft, No. 176, Zurich, 1979). After com this manuscript, the author received a paper on the topic under discussion by D. Frei, Neutrality and Non- Alignment, Convergencies and Contrasts (Klein zur Politischen Wissenschaft, No. 175, Zurich, 1979). It was too late to inclu points and conclusions in the present article. 2 Most of the literature on this topic is in German, the dominant language in S and Austria, the only two genuine permanently neutral states. Since this addressed mainly to English-speaking readers, only some major scholarly German will be quoted. For a recent summary, see A. Verdross, The Permanen lity of Austria (Vienna, 1978), and the literature quoted therein. 3 The Vth and Xlllth Hague Conventions of 1907 deserve particular mention context. Changes in the non-legal context since 1907 have of course affected t cability of some of those "classical" norms. 4 Hence they cannot be circumvented by observing the principle of impart of the "pillars" of neutrality; even if the neutral state (the traditional pr does not apply to individual citizens) were to grant all belligerents exactly amount of military aid, such support would still constitute a breach of th neutrality. 5 It stands to reason that the material consequences of such a formally equal treatment - which suffices under international law - may considerably differ. In the above illust- ration, this will be the case, for example, if only one side has previously imported the embargoed goods from the neutral state, whereas the other grew it on its own territory. Formal impartiality will, in such a constellation, favour the latter and hurt the former. The neutrals will be well advised, if the crucial credibility of their status is to be maintained, to see to it that the adverse net effects of at least several such restrictive measures also are as balanced as possible. For this reason, Switzerland introduced the yardstick of the " courant normal " during World War II; it tried to maintain commercial relations with the belligerents along the pre-war lines. The Swiss Government always insisted, however, on the optional character of this decision. 6 14 Schweizerisches Jahrbuch fuer intrenationales Recht (1957), p. 195 ff. 7 K. Zemanek, "Gutachten zu den von dem Volksbegehren zur Abschaffung des Bundescheeres (Bundesheervolksbegehren) aufgeworfenen neutralitaetsrechtlichen und neutralitaets-politischen Fragen," Oesterreichische Zeitschrift fuer Aussenpolitik, (Vienna) 10 1970, p. 115 ff. (p. 128 ff.) 8 The relevant statistics are contained in the Military Balance published each year by the International Institute for Strategic Studies, London. 9 A Verdross, "Austria's Permanent Neutrality and the United Nations Organization", 50 American Journal of International Law (Washington D.C.) Vol. 50, 1956, p. 61 ff. ; K. Zemanek, "Neutral Austria in the United Nations," International Organization (Boston) Vol. 15, 1961, p. 408 ff.; H.F. Koeck, "A Permanently Neutral State in the Security Council," Cornell International Law Journal (Cornell, N.Y.) Vol. 6, 1973, p. 137 ff. 10 Furthermore, these considerations are - alas ! - highly academic anyway, as disagreement among the permanent members of the Security Council has upto now led time and again to the use of their "veto power", with the result that the UN system of collective security has in practice remained a dead letter. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 305 11 K. Zemanek, "Zeitgemaesse" Neutralitaet? Oesterreichische Zeitschrift politik , 16 1976, p. 355 ff., (p. 358). 12 Which is by no means restricted to the permanently neutral state's f but encompasses all sectors of its political activity. 13 The reasons why they are in a better position to make such classical to the mitigation of international conflicts and the improvement of inte operation are fairly obvious. With respect to good offices, mediation and the states involved in the conflict must believe in the impartiality of the willing to engage in these functions ; as regards headquarters of internat tions and venues of international conferences, each member or partic feel that he is sending his delegates to a friendly state's territory. 14 The permanently neutral states that by definition are small Powers a that they cannot really hope to resist a large-scale attack launched by or a group of allied states against them. What they are confident to be ab is rather to influence the potential aggressors' cost-benefit calculations in They are therefore well advised to exceed the threshold of the internatio standard, which they are legally bound to reach, in their defensive efforts. E "Verteidigung ohne Selbstzerstoerung", in: E. Spannocchi G. Brossolet, ohne Schlacht (Munich-Vienna, 1976) p. 15 ff. 15 In a historic perspective, Belgium and Luxemburg (from 1831/39 and 186 until the First World War) have to be added to the list of permanently ne 16 G. Maude, The Finnish Dilemma: Neutrality in the Shadow of Power ( D. Woker, Die Skandinavischen Neutralen (Berne, 1978). 17 H. Neuhold, "La neutralité du Laos," O seterreichische Zeitschrift fuer Recht 19 (1969), p. 187 ff. 18 Whether Ireland is to be included among the permanently neutral sta doubt: true enough, it has not joined any military alliance, but did beco of the European Communities - a step contrary to permanently neutral Keatinge, The Formulation of Irish Foreign Policy Ě (Dublin, 1973), p. 2 19 Surprisingly few comprehensive works have been written on non-align exceptions include: L.W. Martin (ed.), Neutralism and Non- Alignme States in World Affairs (New York, 1962); B. Sen, Against the Cold W 1962); P. Lyon, Neutralism (Leicester 1963); P.F. Power, Neutralism and D (New York, 1964); C.V. Crabb, The Elephants and the Grass : A Study of N (New York, 1965); Y. Etinger and O. Metikyan, The Policy of Non-Alignme 1966); G.H. Jansen, Afro- Asia and Non-Alignment (London, 1966); J.W. Non-Alignment (London 1966); J.W. Burton, International Relations: A Gen (London 1967), p. 163 ff. ; L. Acimovic (ed.), Non-Alighment in the Wo (Belgrade 1969); M.S. Rajan, Non-Alignment , India and the Future (M L. Mates, Non-Alignment : Theory and Current Policy (1972); Willetts, A comprehensive collection of documents on non-alignment was com Jankowitsch and K.P. Sauvant, The Third World Without Superpowers ; Documents of the Non- Aligned Countries (1978). 20 Even Yugoslavia, one of the protagonists of the movement, developed a process of "trial and error". As late as 1954, it in fact agreed to transfo Balkan Treaty with Greece and Turkey into a formal military alliance. W p. 4. 21 Laid down for the first time in the preamble of a trade and communication agreement concerning Tibet concluded between India and the People's Republic of China in 1954. United Nations Treaty Series (New York), Vol. 299, p. 90 ff. 22 Q.L. Focsaneanu, "Les 'cinq principes' de coexistence et le droit international", Annuaire français de droit international (Paris) 2, (1965), p. 150 ff. 23 Dulles condemned neutrality as an "immoral and short-sighted conception". Lyon, n. 19, p. 67. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 306 HANSPETER NEUHOLD 24 Burton, n. 19, p. 194. 25 The Afro-Asian Conference he not be included among the non- Western and Communist allies suc on the one hand and North Vietn B. Jevtic, "Die internationale Rolle der Blockfreiheit" (I), Internationale Politik (Belgrade) I, (27), (1976), No. 640, p. 5 if. (p. 7); Willetts, n. 1, p. 3. 26 Jankowitsch Sauvant, n. 19, p. 3 if., p. 44 if. In addition, it was more than a coincidence that the non-aligned movement was carried by strong and colourful personalities, such as Presidents Nasser, Nehru, Nkrumah, Sukarno and Tito during its first phase; Tito by now is the only surviving figurehead of that "heroic" age of non-alignment. Cf. K.W. Deutsch, The Analysis of International Relations (Englewood Cliffs, N.J., 1968), p. 198 if. 27 R. Emerson, "Self-Determination", American Journal of International Law 65, (1971), p. 459 ff. 28 The Nigerian Civil War and the armed hostilities in the Horn of Africa may only have been the forerunners. 29 Burton, n. 19, p. 163 f. p. 232 ff. 30 OAS is therefore not included among the military alliances "concluded in the context of Great Power conflicts." Moreover, the non-aligned states perhaps hope that admis- sion to their ranks will facilitate the withdrawal of OAS members from this regional organization dominated by a Super Power or at least encourage a more independent policy. O. Jankowitsch and K.P. Sauvant, The Evolution of the Non- Aligned Movement into a Pressure Group for the Establishment of the New International Economic Order, Paper delivered at the 17th Annual Convention of the International Studies Associa- tion (Toronto, 1976), p. 13. 31 Cf. the Declaration and the Programme of Action on the Establishment of a New International Economic Order adopted by the UN General Assembly at its Sixth Special Session in 1974 in Resolutions 3201 (SVI) and 3202 (SVI). 32 On the other hand, the common economic position did not spill over into the political sector. Political conflicts and even armed hostilities continue to break out between non-aligned states and do weaken the movement. At the time of writing, controversies over the exclusion of Egypt, one of the founding members, because of its peace treaty with Israel and the representation of Cambodia after the overthrow of the Pol Pot regime loom large on the political horizon. The Preparatory Conference of the Co- ordinating Bureau held at Colombo could only agree to leave the decision on these two issues to the forth-coming Havana "Summit". Cf. " Neue Zuericher-Zeitung " (Zurich) 12 June 1979. 33 Jankowitsch and Sauvant, n. 30, p. 13 ff ; O. Jankowitsch, "Neue Modelle Zwischenstaat- licherZusammenarbeit: Organisation und Institutionen der Blockfreien, Oesterreichische Zeitschrift fuer Aussenpolitik, 17 (1977), p. 214 ff; Willetts, n. 1, p. 36 ff. 34 The non-aligned states also established a few funds. Willetts, n. 1, p. 43. 35 This was already specified at the Preparatory Meeting held in Cairo in 1961, which set the stage for the Belgrade "Summit". Jankowitsch and Sauvant n. 19, p. XXXI f. 36 Willetts, n. 1, p. 127 f. Nine of the 25 "radical core group" states which attended the 1961 Belgrade "Summit" had strong military ties with the United States or the United Kingdom; Ibid., p. 23. 37 See R. Petkovic, "Die Entwicklung der Doktrin und Bewegung der Blockfreiheit", Internationale Politik (Belgrade) 27, (1976), No. 636, p. 11 ff. (p. 13). 38 Their joint action within the framework of the Conference on Security and Co-operation in Europe should be singled out in this respect. Frei, n. 1, p. 6 f. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms PERMANENT NEUTRALITY AND NON-ALIGNMENT 307 39 Burton, n. 19, p. 195 if. One of the gravest errors committed by Western gover was to equate economic planning and the prohibition of opposition parties Third World (both of which were dictated by the desire to accelerate develop with Communism. They overlooked the strong nationalism of young states w prevented them from throwing in their lot with the "Northern" bloc. 40 D. Vital, The Inequality of States: A Study of the Small Power in International R (Oxford, 1967), p. 39 if. 41 I have developed this point at length elsewhere. Cf. H. Neuhold, "Der Wandel im der Internationalen Beziehungen", Oesterreichische Zeitschrift fuer Aussenpolitik (1975), p. 327 if. (p. 344 ff.) 42. H. Maull, Oil and Influence : The Oil Weapon Examined (London) Adelphi Pap 177 (1975); E.N. Krapels, Oil and Security : Problems and Prospects of Impo Countries (London) Adelphi Paper No. 136 (1977). 43 A general theory of neutral policy in a broad, political science sense was developed by D. Frei, Dimensionen neutraler Politik (Etudes et Trauvaux de lTnstiut Universitaire de Hautes Etudes Internationales No. 8, Geneva, 1969). 44 It separates NATO forces in the North and in Central Europe from the "Southern Tier". 45 Denmark and Norway do not permit the presence of foreign armed forces or nuclear weapons on their territories in time of peace. 46 Aģ Wolfers, Discord and Collaboration: Essays on International Politics (Baltimore, 1965), p. 73 ff. 47 Defined by the International Court of Justice in the North Sea Continental Shelf Cases as follows: "The States concerned must therefore feel that they are conforming to what amounts to a legal obligation". I.C.J. Report 1969, (The Hague), p. 3 if (p. 44). 48 Burton, n. 19, p. 221 ; Willetts, n. 1, p. 20. 49 Lyon, n. 19, p. 64. 50 Neuhold, n. 41, p. 327 if, and the literature quoted here. 51 Verdross, n. 2, p. 13. 52 D. Frei, "Kleinstaatliche Aussenpolitik als Umgang mit Abhaengigkeit," in : D. Frei (ed.), Die Schweiz in einer sich wandelnden welt (Zurich, 1977) p. 201 if. (p. 222). 53 Frei, Neutralitaet - Ideal oder Kalkuell (Stuttgart, 1967). 54. Lyon, n. 19, p. 67 if. ; Willetts, n. 1, p. 5 if. 55 Willetts, n. 1, p. 21. 56 Jevtic, n. 25, p. 7. 57 Ibid., (II), 27 Internationale Politik (1976), No. 641, p. 13 ff. (p. 15 ff.); Willetts, n. 1, p. 23 if. 58 Janko witsch and Sauvant, n. 19, p. 3 if. 59 UN Document A/RES/S-10/2; text in 17 International Legal Materials (1978), p. 1016 ff. 60 E. Sucharipa, "Die Sondergeneralversammulung der Vereinten Nationen ueber Abruestung (23. Mai - 30. Juni 1978)", Oesterreichische Zeitschrift fuer Aussenpolitik 18, (1978), p. 112 ff. 61 Jankowitsch and Sauvant n. 19, p. 83. 62 See the relevant figures in the Yearbooks of the Stockholm International Peace Research Institute. 63 Only the Arab-Israeli conflict undoubtedly was fought as a war in the legal sense. D. Schindler, "Der Kriegszustand im Voelkerrecht der Gegenwart", in: H. Kipp F. Mayer/A. Steinkamm (eds.), Um Recht und Freiheit. Festschrift fuer August Freiherr von der Heydte (Berlin 1977), p. 555. 64 H. Neuhold, "Military, Economic and Ideological Ambiguities of Detente: Theory and Reality" (in: Studia Diplomatica - in print). 65 Willetts, n. 1, p. 137 ff. 66 Willetts, n. 1, p. 19, p. 159 ff. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms 308 HANSPETER NEUHOLD 67 Austria recently abstained for upon in the UN General Assembly not only material and financial b People's Organization to enable it t To equate this with support for co votes cast in the General Assem correspond, however, to a much m 68 Willetts, n. 1, p. 167 if. This content downloaded from 59.78.54.123 on Tue, 01 Nov 2022 14:01:29 UTC All use subject to https://about.jstor.org/terms
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