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7 - Romanian neutrality, 1939–1940

Published online by Cambridge University Press:  07 October 2011

Maurice Pearton
Affiliation:
School of Slavonic and East European Studies, University College London
Neville Wylie
Affiliation:
University of Nottingham
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Summary

In all but the exceptional cases where neutral status is internationally defined or recognised, how we define ‘neutrality’ depends on how we define ‘war’ and arguments about that fall, broadly, into two categories. If we regard ‘war’ as a violation of some kind of system which gives value to and constrains the behaviour of the constituent states, such as a res publica Christiana or a League of Nations, then war is, in some sense, a criminal act against the community of states and ‘neutrality’ is logically excluded if one of its members flouts the rules. Justice demands that one cannot be neutral towards crime. If, however, we regard ‘war’ as a natural recourse of states in the pursuit of their objectives, then ‘neutrality’ is, equally, a legitimate option. It does not discriminate between ‘just’ wars and their opposite. War is war, and staying out is a right. But if that right is absolute, the resultant practice is highly contingent. A claim to neutrality formally obliges the neutral state to observe impartiality and abstention in its relationships with belligerents. Equally, it automatically confers rights on belligerents – specifically in regard to ‘un-neutral conduct’ arising from any failure to observe impartiality and abstention. This makes unilateral neutrality a precarious option. Its scope and limits were worked out in international law from the late seventeenth century, that is, after the era of religious conflicts in Europe and the effective abandonment of a civitas maxima constraining state behaviour.

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Publisher: Cambridge University Press
Print publication year: 2001

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  • Romanian neutrality, 1939–1940
    • By Maurice Pearton, School of Slavonic and East European Studies, University College London
  • Edited by Neville Wylie, University of Nottingham
  • Book: European Neutrals and Non-Belligerents during the Second World War
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511523793.009
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  • Romanian neutrality, 1939–1940
    • By Maurice Pearton, School of Slavonic and East European Studies, University College London
  • Edited by Neville Wylie, University of Nottingham
  • Book: European Neutrals and Non-Belligerents during the Second World War
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511523793.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Romanian neutrality, 1939–1940
    • By Maurice Pearton, School of Slavonic and East European Studies, University College London
  • Edited by Neville Wylie, University of Nottingham
  • Book: European Neutrals and Non-Belligerents during the Second World War
  • Online publication: 07 October 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511523793.009
Available formats
×