grounds. Belgium had herself
violated her neutrality by a secret alliance with France and England.
Frank argues that a neutral State has certain duties imposed upon it in
peace time, and in support of his contention quotes Professor Arendt
(Louvain University, 1845), who wrote: "A neutral State may not conclude
an alliance of defence and offence, by which in case of war between two
other States it is pledged to help one of them. Yet it is free and
possesses the right to form alliances to protect its neutrality and in
its own defence, but such defensive alliances can only be concluded
after the outbreak of war."
Another authority quoted to support his point is Professor Hilty
(University of Bern, 1889). "A neutral State may not conclude a treaty
_in advance_ to protect its own neutrality, because by this means a
protectorate relationship would be created."
Frank continues (p. 21): "Hence Belgian neutrality was guaranteed in the
interests of the balance of power in Europe, and I have already pointed
out that the same idea prevailed when the barrier-systems of 1815 and
1818 were established.
"Considering the matter from this point of view, the falsity of modern
Belgium's interpretation at once becomes apparent. According to Belgian
official opinion her neutrality obligations only came into force in the
event of war, and therefore could not be violated during peace. But this
balance of power was to be maintained, above all in time of peace, and
might not be disturbed by any peaceful negotiations whatever, especially
if these were calculated to manifest themselves in either advantageous
or prejudicial form, in the event of war.
"In this category we may place the surrender of territory. No impartial
thinker can deny that the cession of Antwerp to England would have been
a breach of neutrality on the part of Belgium, even if it had occurred
in peace time. The same is true for the granting of occupation rights,
and landing places for troops, or for the establishment of a harbour
which might serve as a basis for the military or naval operations of
another State.
"Moreover, it is unnecessary to exert one's imagination in order to
discover 'peaceful negotiations' which are incompatible with permanent
neutrality, for history offers us two exceedingly instructive examples.
When a tariff union between France and Belgium was proposed in 1840,
England objected because the plan was not in accord with Belgian
neutrality. Agai
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