THE SO-CALLED LAW OF NEUTRALITY
THE NATURE, HISTORICAL DEVELOPMENT, AND THE CHARACTERISTICS OR FUNDAMENTAL PRINCIPLES OF NEUTRALITY
445. Definition and Nature of Neutrality. -- Neutrality has been well defined as "the condition of those States which in time of war take no part in the contest, but continue pacific intercourse with the belligerents."1 It consists in the total abstention2 from or absolute prohibition of certain acts (such as the sale of warships or the fitting and sending out of military expeditions3 to aid either belligerent), as well as the observance of a strict impartiality in all cases where indirect assistance or support is still permissible (such as coaling or repair of belligerent warships in neutral ports). It also involves the acquiescence in or tolerance of certain acts (such as the exercise of the rights of visit and search) by the belligerents.
446. Historical Development of Neutrality. -- The Law of Neutrality can scarcely be said to have existed in anything like its modern form prior to the close of the eighteenth century.4 The theory of neutral rights and obligations was____________________
Even Grotius devotes only one short chapter (lib. III, cap. 17) to those whom he calls medii. The gist of his impracticable doctrine is contained in a single sentence: "It is the duty of those who stand apart from a war to do