POST-WAR DEVELOPMENTS The question of the sanctity or renewal of treaties is always a very serious one at the close of a war. But before the World War many great authorities held the opinion, which was ex pressed by some (e.g., Professor Oppenheim) actually during the War, that the apparent "breaking-up of laws," which takes place in war is usually succeeded by a stronger emphasis upon them when peace is attained.
The sanctity of treaties is a dogma open to, several interpre tations. For instance, many international jurists, including Beth mann-Hollweg, hold that Germany committed a breach of in ternational law in invading Belgium in defiance of the treaty of 1839. Others, among whom is Sir Ernest Satow, an authority on both the theory and practice of diplomacy, would maintain that Germany by violating Belgium merely gave any other guar anteeing State the right to attack her. In other words, Germany risked her existence but did not specifically break international law. The difference between these two views is that the first relies upon custom, etc., to establish the sanctity of treaties, and the latter upon force. The difficulty of the first view lies in the fact that custom may change. For instance, it was thought to have been established in 1871 that no great Power which had joined with other great Powers in signing a treaty could violate the provisions of that treaty without the consent of the other signatories, i.e., without a European conference. But in 1908 Austria-Hungary violated Article 25 of the Treaty of Berlin (1878) by annexing Bosnia and Hercegovina, and refused the demand for a conference. There can be little doubt that this principle had been abandoned before 1914. The peacemakers of 1919 therefore tried to set up a state of things whereby the sanctity of treaties would be upheld by the general co-operation of all states. President Wilson condensed this aspiration into a single sentence : "What we seek is the rule of law sustained by the organized opinion of mankind." League and Regional Guarantees.—Some treaties which had proved impotent to guard certain countries, as, e.g., those
neutralizing Belgium and Luxembourg, were abrogated altogether (cf. Articles 31, 40–I of the German, Article 83-4 of the Aus trian and Articles 67-8 of the Hungarian Treaties). The League of Nations Covenant, however, attempted to give a general guar antee of territorial integrity and independence to all the members of the League. This general guarantee, embodied in Article io of the Covenant (see LEAGUE OF NATIONS), has, on the whole, been rather watered down in its interpretation. It has, in fact been succeeded by a system of special or regional guarantees.
Thus in the Treaty of Locarno (signed Dec. 1, 1925), the demili tarization of the Rhineland, enacted by the Treaty of Versailles, Articles 42-44, was guaranteed by France, Great Britain, Germany and Italy. This guarantee became effective on the admission of Germany to the League of Nations. In case of need Great. Britain guarantees France against the unprovoked attack of Ger many, and vice versa. Similar regional guarantees are given by France to Poland and to Czechoslovakia. The "Little Entente Treaties" (of which the first was signed Aug. 4, 1920) constitute a system of regional and special guarantees between Czecho slovakia, the Serb-Croat-Slovene kingdom and Rumania to pre serve the territorial limits laid down in the treaties of St. Germain, Trianon and Neuilly (see LITTLE ENTENTE). Similarly it was recognized in Article 26 of the Covenant that the Monroe Doc trine was "a regional understanding," which meant a practical admission by the principal Powers that the United States guar anteed other states on both American continents against the aggression of non-American neighbours.
There can be no doubt that many smaller States now enjoy greater advantages under the Covenant and special and local guarantees than did the neutralized States of the 19th century. The Covenant was successfully invoked by Great Britain on be half of Albania against the Serb-Croat-Slovene kingdom in 1921, and by Greece against Italy in the matter of Corfu in 1923. Also the inclusion of Germany in the League has in itself strengthened the system.