The Neutrality Policy of the United States

By Julia E. Johnsen | Go to book overview

has recognized the legitimacy of existing cooperative arrangements for preventing such conduct, and the impropriety of perfect neutrality in the presence of such occurrences.

In the new situation it would appear that if the terms war and neutrality are retained at all as terms of international law, their significance will be greatly changed. What has heretofore been called an act of war, becomes under the pact either a criminal breach of the peace, an act of self-defense or an act of international police. As the legal consequences of each would be very different, the situation of states engaged in these different acts should not longer be characterized by the common term, war. Similarly what has heretofore been called neutrality becomes the situation of states, not actively engaged in illegal violence or its suppression, but bound, to paraphrase Grotius, "to do nothing to strengthen the side of the pact breaker," or which may hinder the movements of his adversaries. Such a situation conforms more to the idea of "partiality" than of neutrality. It is believed that the rights and duties of states in a condition of "partiality" might well engage the attention of jurists, particularly in the United States.


NEUTRALITY AND WAR PREVENTION6

It is proposed that we refuse to protect our citizens or their property in time of war; that we give the belligerent a free hand to do anything that he wishes; that we shut ourselves up within our own gates and pocket our losses and our pride. If we are determined to stay neutral, this is probably the only way in which it can be done without war on our part; but consider the consequences. I suggest three results to you.

____________________
6
From discussion by Clyde Eagleton, Professor of Government, New York University. American Society of International Law. Proceedings. 1935. p. 130-3.

-238-

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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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