great powers.

Although the word "guarantee" is not used,

this is the effect of the treaty, as its substantive arti

cles indicate:

The Norwegian Government undertake not to cede any portion of the territory of Norway to any power to hold on a title founded either on occupation or on any other ground whatsoever.

The German, French, British, and Russian Governments recognize and undertake to respect the integrity of Norway.

If the integrity of Norway is threatened or impaired by any power whatsoever, the German, French, and Russian Governments undertake, on the receipt of a previous communication to this effect from the Norwegian Government, to afford to that Government their support, by such means as may be deemed the most appropriate, with a view to safeguarding the integrity of Norway. 89

It may be observed that Norway's status is less restricted than is usually the case where the relation of guarantee is created. In this instance, protection is to be invoked by the guaranteed state, and the treaty may be denounced by any of the parties, including Norway, at the end of ten year periods.

VTI

LIMITATIONS INCIDENT TO NEUTRALIZATION

The collective guarantee of the great powers has been used in three cases in the nineteenth century to sanction a particular status in respect to the guaranteed state, namely,

89 Treaty of 1907, in A.J.I.L. Suppl. (1908), Vol. II, p. 267. Cf. Treaty of 1855, in B.F.S.P., Vol. 45, p. 33. Cf. Treaty of 1852, with regard to the Danish succession and the integrity of Denmark, in B.F.S.P., Vol. 42, p. 13.

90

that of perpetual neutralization. In the case of Switzerland, of Belgium, and of Luxemburg neutralization has been so guaranteed, has been generally recognized by other members of the international community, and has limited, in the interest of the neutralized state and of the general European order, the international capacity of each of those coun

tries.

"91

The neutralization of Switzerland dates from the settlement of 1815. A declaration of the eight powers who signed the general act of the Vienna Congress acknowledged that "the general interest demands that the Helvetic States should enjoy the benefit of a perpetual neutrality. This declaration was accepted by the Swiss Confederation92and confirmed by the Treaty of Vienna. On November 20, 1815, the five great powers signed an act in which the perpetual neutrality of Switzerland was formally acknowledged and guaranteed in the following terms:

93

the Powers who signed the declaration of Vienna of the 20th March declare, by this present act, their formal and authentic acknowledgment of the perpetual neutrality of Switzerland; and they guarantee to that country the integrity and inviolability of its territory in its new

90 See Baldassari, La neutralizzazione; Des camps, L'état neutre à titre permanent; Idman, Le traité de garantie en droit internationale; Milanowitch, Les traités de carantie au XIXe sicle; Morand, in R.G.D.I.F. (1894), Vol. I, pp. 522-537; Piédelièvre, Droit int. pab., secs. 284-285, Vol. I, p. 256; Wilson, in The Yale Review (1915) N.S., Vol. IV, pp. 474-486; Winslow, in A.J.T.L. (1908), Vol. I, pp. 366-386.

91 Declaration of March 20, 1815, in B.F.S.F., Vol. 2,

p. 142.

limits, such as they are fixed, as well by the act of
of the Congress of Vienna, as by the Treaty of Paris of
this day, and such as they will be hereafter; .

The powers who signed the declaration of the 20th
of March acknowledge, in the most formal manner, by the
present act, that the neutrality and inviolability of
Switzerland, and her independence of all foreign influ-
ence, enter into the true interests of the policy of the
whole of Europe.94

The Congress of Vienna united Belgium with Holland in the interest of the European balance of power.

Following

the revolt of 1830, the great powers intervened, and by the Treaty of London, of November 15, 1831, accorded Belgium an independent and neutralized status under their collective guarantee:

Belgium

shall form an independent and perpetually neutral State. It shall be bound to observe

such Neutrality towards all other States. .

The Courts of Great Britain, Austria, France, Prussia, and Russia, guarantee to His Majesty the King of the Belgians the execution of all the preceding Articles. 96

Holland resisted the arrangement for several years, but came to terms with Belgium in 1839. In another treaty the great powers confirmed the agreement and repeated their guarantee of Belgium's independence and neutralization.97

Luxemburg in 1815 was constituted an independent state under the King of Holland and was united with the Germanic

94 A.J.I.L. Suppl. (1909), Vol. III, p. 106; B.F.S.P., Vol. 3, p. 359. See Aberdeen to Morier, Feb. 11, 1845, in B.F.S.P., Vol. 57, p. 833.

95

96

97

B.F.3.P., Vol. 18, p. 645.

Arts. 7, 25, in Hertslet, Vol. II, pp. 863, 870.

Treaty of 1839, in B.F.S.F., Vol. 27, rp. 990, 1000.

See Descamps, La neutralité de la Belgique.