The Neutrality Policy of the United States

By Julia E. Johnsen | Go to book overview

to indulge in an unusual trade and to make excessive profits by reason of the existence of the war.


FUTURE OF NEUTRALITY4

In the last twelve years the theory has been widely promulgated that the new international order expressed in the League Covenant and in the Kellogg Pact has rendered obsolete the classic law of neutrality in time of war. This doctrine is supported by weighty authority, both official and unofficial. The Labour government of Great Britain in 1929 published a memorandum giving the reasons which had moved it to sign the Optional Clause, and in this document it is explicitly stated that neutrality as between members of the League is no longer possible. Responsible American statesmen have drawn similar inferences from the terms of the Kellogg Pact. The same theory has found much favor among a host of private writers, including such a distinguished publicist as Mr. Wickham Steed.

Notwithstanding this formidable array of authority, I know that I have the support of many students of international law in expressing the opinion that the old law of neutrality still stands. That is essentially a question of law, but it is one for which the reasons can be stated without undue technicality. Furthermore, I will venture to express the view, which is a question of policy, that the law of neutrality is sound in principle and beneficial to the world.

Let us turn to the documents. It may be admitted at once that the text of the Covenant, if read literally and without reference to the subsequent practice, seems to be wholly inconsistent with neutrality, at least in those cases which involve the application of sanctions under Article 16. By this Article the member states apparently

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4
By H. A. Smith. Contemporary Review. 143:314-18. March, 1933.

-162-

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The Neutrality Policy of the United States
Table of contents

Table of contents

  • Title Page 1
  • Introduction 3
  • Contents 5
  • Summary of the Arguments 9
  • Bibliography 39
  • Definitions 71
  • General Discussion 77
  • Historical Development of the Law Of Neutrality 77
  • Legal Position of Neutrality 82
  • Neutrality and War Prevention 85
  • Position of American Neutrality During the World War 89
  • Covenant of the League of Nations And Neutrality 94
  • Neutrality Policy of August 1935 104
  • American Policy 105
  • New Proposals 109
  • Price of Neutrality 118
  • Brief Excerpts 126
  • Affirmative Discussion 145
  • Neutral Policy for America 145
  • Mandatory Neutrality 152
  • Contraband and Neutral Trade 156
  • Future of Neutrality 162
  • Safeguards to Neutrality 167
  • Dragging America into War 174
  • American Neutrality 178
  • Propaganda Balance Sheet 180
  • Brief Excerpts 182
  • Negative Discussion 205
  • Cost of Peace 205
  • World Chaos Once More 213
  • Neutrality and International Organization 219
  • Is Neutrality Consistent With International Cooperation? 226
  • Neutrality and Neutral Rights Following the Pact Of Paris 231
  • Neutrality and War Prevention 238
  • Our Foreign Policy with Respect To Neutrality 241
  • Economics of Neutrality 243
  • Brief Excerpts 245
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