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15 Phil. L.J. 1 (1935-1936)

handle is hein.journals/philplj15 and id is 1 raw text is: PHILIPPINE LAW JOURNAL Vol. XV JULY, 1os No. I NEUTRALIZATION AND THE PHILIPPINES 1 By ROBERTO REGALA I. Origin and Nature of Neutralization. Neutralization as a legal status is essentially modern. Its international status came into being at the Congress of Vienna in 1815. Its rise began amid the complicated reconstruction activities made necessary by the passing of Napoleon. Some of the earlier attempts, heretofore, have the semblance of per- manent or perpetual neutralization and which paved the way to some extent towards the acceptance of the system by the Congress of Vienna. These are the negotiations directed to- wards-a joint guarantee of Poland in 1791, and the conventional . eutrality of the Island of Malta by the Treaty of Amiens in 1802. The development of the idea of neutralization followed the more general acceptance of the principles of neutrality. Its conditions and requisites, though possessing much in common with the concept of neutrality itself, are nevertheless sharply distinguished. These two terms are frequently used inter- changeably. Neutrality exists only in time of war and assumed by deliberate choice of the state concerned, whereas neutralization exists alike in time of war and of peace, and is not necessarily the result of the deliberate choice on the part of the state con- cerned, but may be imposed by the joint action on the part of other powers. We must turn to light, says one writer, to the accepted characteristics of neutrality and must find in them the guide both for the attitude of the neutralized government as well as for courses to be pursued or avoided in reference to it by all other states. Neutralization should also be distinguished from demilita- rization. The latter, although it may be related to the former, • Professorial Lecturer in International Law, College of Law, Uni- versity of the Philippines. ' Series of two lectures delivered before the First University of the Philippines Alumni Institute, April 8-9, 1935.

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