| 单词 | neutrality | |||||||||
| 释义 | neutralityneu·tral·i·tyN0073700 (no͞o-trăl′ĭ-tē, nyo͞o-)neutrality(njuːˈtrælɪtɪ)neu•tral•i•ty(nuˈtræl ɪ ti, nyu-)n. neutralityneutrality
neutralityneutral(ˈnjuːtrəl) adjectiveneutralityneutrality,in international law, status of a nation that refrains from participation in a war between other states and maintains an impartial attitude toward the belligerents. Neutrality is not to be confused with neutralism, or nonalignment, under international law.At the opening of hostilities, a nonbelligerent state generally issues a proclamation of neutrality. It is then the duty of the neutral power to observe strict impartiality in its relations with the warring nations. However, absolute neutrality is not always the reality, and the terms benevolent and hostile imply the sympathy of a neutral for one or other of the belligerents. The duty of the belligerent is to respect neutral territory (land and air) and neutral territorial waters (see waters, territorialwaters, territorial, Neutral duties and rights were codified or incorporated in treaties and thus became part of international law. The Declaration of Paris (1856) standardized certain laws of neutrality (see Paris, Declaration ofParis, Declaration of, In World Wars I and II, violations of neutrality by both sides were frequent, and attempts were made to justify the action by assertions that changed methods of warfare warranted changes in the observance of international law. When the League of Nations was established, it was generally recognized that member states could not be neutral in any dispute in which the League called upon them to intervene. The United States, which was not a member, asserted its intention to remain aloof from all wars and adopted (1935) the Neutrality Act. The United Nations, unlike the League, includes all the major world powers. Their obligations under the charter to restore and maintain the peace preclude neutrality, and neutral states, such as Switzerland, cannot become active members. The Geneva Conventions of 1949 provide a role for neutrals in the administration of prisoner-of-war agreements. The 1794 Neutrality Act forbids U.S. citizens from taking part in military action against any country with which the United States is not at war. Enforcement of the act has been highly selective, however, with technical reasons usually offered for failure to prosecute. The United States has not declared war on anyone since World War II and has thus been legally neutral throughout such episodes as the Korean War, the Bay of Pigs invasion of Cuba (1961), and the Vietnam War. U.S. citizens have also often fought under the flags of other nations. BibliographySee E. Karsh, Neutrality and Small States (1988); J. M. Gabriel, The American Conception of Neutrality After 1941 (1989). Neutralityin international law the policy of nonparticipation in war and, during peacetime, nonalignment with military blocs. A neutral state has a right to inviolability of its territory, of citizens not involved in the military action of the combatants, and of property not classed as military contraband. A neutral state may defend its neutrality by force of arms (armed neutrality). Neutrality during wartime applies to states not involved in the war after it begins. A country may make a special declaration of neutrality (but this is not compulsory). The rights and obligations of a neutral state during wartime are set forth in the Hague Conventions V and XIII of 1907 on the rights and obligations of neutral powers in case of land war and in case of maritime war. These documents prohibit any military action that could be considered as assistance to the combatants. According to the Geneva Conventions of 1949 a neutral country may act as a sponsor to help implement the conventions—that is, with the consent of the combatant parties it may send medical units to assist persons taken under the protection of the combatant states in accordance with the Geneva Conventions. A permanently neutral state is obligated to refrain from warfare (except in cases of self-defense) and, during peacetime, to conduct a peaceful foreign policy, not participate in military alliances and coalitions, and not conclude agreements that might involve it in war. Unlike states that have declared themselves neutral during a war, permanently neutral states are obligated to carry out an appropriate policy at all times, in war as well as in peace. Permanently neutral countries are Switzerland (since 1815) and Austria (since 1955). Permanent neutrality is called contractual if the states follow the appropriate policy on the basis of an international agreement. In the 1950’s to 1970’s the policy of positive (or constructive) neutrality followed by many independent developing states in Asia, Africa, and Latin America, which reflects the peaceful trend of their foreign policy, has been very important. Such neutrality is often called neutralism, the policy of nonalignment with blocs, or active neutrality. NeutralityNeutralityThe state of a nation that takes no part in a war between two or more other powers. Since the nineteenth century, International Law has recognized the right of a nation to abstain from participation in a war between other states. In an international war, those taking no part are called neutrals. This means that a neutral state cannot provide assistance to the belligerents, the principal hostile powers, or to their allies, who cooperate and assist them. The law of neutrality that emerged from the nineteenth century was codified in several of the Hague Conferences of 1907, including No. 3, Convention Relative to the Opening of Hostilities (requiring notice to neutrals of a state of war); No. 5, Convention Respecting Rights and Duties of Neutral Powers and Persons in Case of War on Land; and No. 11, Convention Relative to Certain Restrictions with Regard to the Exercise of the Right of Capture in Naval War. Once a state decides on a position of neutrality, it must take steps to prevent its territory from becoming a base for military operations of a belligerent. It must prevent the recruiting of military personnel, the organizing of military expeditions, and the constructing, outfitting, commissioning, and arming of warships for belligerent use. A neutral state is under no obligation to prevent private persons or companies from advancing credits or selling commodities to belligerents. Such sales are not illegal under the international law of neutrality. A neutral state may, if it chooses, go beyond the requirements of international law by placing an embargo upon some or all sales or credits to belligerents by its nationals. If it does so, it has the obligation to see that legislation, commonly referred to as neutrality laws, is applied impartially to all belligerents. Once enacted, neutrality laws are not to be modified in ways that would advantage one party in the war. For most of its history, the United States tried to remain neutral during the wars among European states. President George Washington issued a neutrality proclamation in 1793 after the outbreak of war between France and the European allies. Congress enacted its first neutrality law in 1794 (1 Stat. 381), which prohibited private individuals from accepting a foreign military commission, outfitting military vessels for a foreign state, or enlisting or hiring persons for the service of a foreign state. This legislation proved generally effective in accomplishing its objectives, but it did not deter citizens who wished to support revolutionary belligerent or insurgent movements in South and Central America during the nineteenth century. The Mexican Revolution of 1910 and the counterrevolution that followed led to the trafficking in arms and ammunition across the border. In response, Congress enacted, in 1912, its first arms embargo (37 Stat. 630), a prohibition not required by international law. It authorized the president, upon finding that conditions of violence in an American country were promoted by procurement of arms or munitions of war in the United States, to prohibit further export of them. With the rise of international conflicts around the world in the 1930s, Congress passed the Neutrality Acts of 1935, 1936, and 1937 (49 Stat. 1081, 49 Stat. 1152, 50 Stat. 121). These laws required registration and licensing by a National Munitions Control Board of all persons trading in munitions and a mandatory embargo on the export of arms, ammunition, and implements of war, and on loans and credits to all belligerents or to neutrals for transshipment to belligerents. An embargo would take effect when the president found a state of war to exist. The desire of the United States to remain neutral has been called isolationism. During the 1930s the U.S. public did not want the United States entangled with the international strife perpetrated by Italy, Germany, and Japan. In 1935, President franklin d. roosevelt invoked the arms embargo provision after the Italian invasion of Ethiopia and the consequent war. With the outbreak of the European war in 1939, limiting the conflict by an arms embargo was no longer possible. Although isolationist sentiment was strong, there was also a growing feeling that the Allies needed support against Nazi aggression. The Roosevelt administration, with some difficulty, secured the repeal of the arms embargo in the Neutrality Act of 1939 (22 U.S.C.A. § 441). Because this repeal could work to the advantage only of Great Britain and France, it was a deliberately non-neutral act. The United States remained a neutral state before its entry into World War II in December 1941, yet it took actions that undermined its status. In 1940, the United States entered into an agreement for the transfer of 50 old destroyers to Great Britain in exchange for leased naval and air bases in British islands off the Atlantic coast of the United States. Congress took a further step in the Lend-Lease Act of 1941 (55 Stat. 31) by agreeing to provide munitions, food, machinery, and services to Great Britain and the other Allies without immediate cost, thus eliminating their difficulty in finding dollar credits for purchases. Later repayment could be made in kind or property or other acceptable benefits. Under the Lend-Lease Act, the United States made huge shipments before and after entering the war. Following the passage of the Lend-Lease Act, the United States became increasingly involved in direct military assistance, permitting U.S. merchant ships to transport war materials to the Allies, using U.S. pilots to deliver bombers to Canada and Britain, and using naval vessels for a "neutrality patrol" in the Atlantic that assisted in protecting belligerent convoys against submarines. Much of the 1939 act remains in force (22 U.S.C.A. §§ 441–457), including the president's authority to find and proclaim a state of war, prohibition of travel by citizens in belligerent ships, and prohibition of financial transactions by persons in the United States with belligerents or solicitation or collection of contributions for a belligerent except for humanitarian purposes. The authority for an arms embargo, which was revoked in 1941, has not been reinstated. Sales by U.S. individuals and companies are governed by the international law of neutrality, unless Congress enacts a specific embargo provision. In the post–World War II era, the U.S. government has committed several neutrality violations. Its conduct was less than disinterested and neutral in the overthrow of the Guatemalan government in 1954, in its sponsorship of the Bay of Pigs military expedition against Cuba in 1961, in its intervention in the civil war in the Dominican Republic in 1965, and in its aid to those who overthrew the Salvador Allende government in Chile in 1973. Congress did enact the Arms Export Control Act of 1976 (22 U.S.C.A. §§ 2751–2796c [1989 Supp.]), which was designed to restrict the transfer of arms to nations that support international Terrorism. The Iran-Contra Affair that emerged as a political scandal in President Ronald Reagan's administration involved violations of this act. The transfer of arms to Iran, a nation that supported terrorism, and the financial and military support of a right-wing revolutionary group in Nicaragua violated congressional legislation and, in the case of Nicaragua, thwarted the desire of Congress to remain neutral in the conflict. Further readingsChadwick, Elizabeth. 2002. Traditional Neutrality Revisited: Law, Theory, and Case Studies. New York: Kluwer Law International. Gabriel, Jurg Martin. 2002. The American Conception of Neutrality After 1941. New York: Palgrave Macmillan. Havel, Brian F. 2000. "An International Law Institution in Crisis: Rethinking Permanent Neutrality." Ohio State Law Journal 6 (February). Politakis, George. 1998. Modern Aspects of the Laws of Naval Warfare and Maritime Neutrality. London, New York: Kegan Paul International. Vagts, Detlev F. 1999. "The Traditional Legal Concept of Neutrality in a Changing Environment." American University International Law Review 14 (January-February). NEUTRALITY, international law. The state of a nation which takes no part between two or more other. nations at war with each other. neutrality
Synonyms for neutrality
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neutrality - nonparticipation in a dispute or war
neutrality - tolerance attributable to a lack of involvement