Austrian State Treaty
The Austrian State Treaty or Austrian Independence Treaty established Austria as a sovereign state. It was signed on 15 May 1955 in Vienna, at the Schloss Belvedere among the Allied occupying powers and the Austrian government. The neighbouring Federal People's Republic of Yugoslavia acceded to the treaty subsequently. It officially came into force on 27 July 1955.
Its full title is "Treaty for the re-establishment of an independent and democratic Austria, signed in Vienna on 15 May 1955".
Generalities and structure
The treaty re-established a free, sovereign and democratic Austria. The basis for the treaty was the Moscow Declaration of 30 October 1943. The agreement and its annexes provided for Soviet oilfield concessions and property rights of oil refineries in Eastern Austria and the transfer of the assets of the Danube Shipping Company to the USSR.Treaty signatories
- Allied foreign ministers:
- *Vyacheslav Molotov,
- *John Foster Dulles,
- *Harold Macmillan
- * Antoine Pinay
- High commissioners of the occupying powers:
- *Ivan I. Ilitchov
- *Geoffrey Wallinger
- *Llewellyn E. Thompson Jr.
- *Roger Lalouette.
- Austrian foreign minister:
- *Leopold Figl
Nine parts of the treaty
- Preamble
- Political and territorial provisions
- Military and air travel provisions
- Reparations
- Ownership, law, and interests
- Economic relations
- Rules for disputes
- Economic provisions
- Final provisions
Development
In the immediate aftermath of World War II, the Allied occupation of Austria started on 27 April 1945 when Austria under Allied control claimed independence from Germany as a result of the Vienna Offensive. Austria was divided into four zones and jointly occupied by the United Kingdom, the Soviet Union, the United States, and France. Vienna was similarly subdivided, but the central district was collectively administered by the Allied Control Council.
Whereas Germany was divided into East and West Germany in 1949, Austria remained under joint occupation of the Western Allies and the Soviet Union until 1955; its status became a controversial subject in the Cold War. First attempts to negotiate a treaty were made by the first post-war government. However, they failed because the Allies wanted to see a peace treaty with Germany first. A treaty became less likely with the development of the Cold War. However, Austria successfully held its part of Carinthia against the demands of a resurgent Federal People's Republic of Yugoslavia, even though the issue of potential reunification with South Tyrol, annexed by Italy from Austria-Hungary in 1919, was not addressed.
The climate for negotiations improved with Joseph Stalin's death in 1953 and the warming of relations known as the Khrushchev Thaw. Negotiations with the Soviet foreign minister, Vyacheslav Molotov, secured the breakthrough in February 1955.
After Austrian promises of perpetual neutrality, Austria was accorded full independence on 15 May 1955, and the last occupation troops left on 25 October that year.
Important points in the treaty
As well as general regulations and recognition of the Austrian state, the minority rights of the Slovene and Croat minorities were also expressly detailed. Anschluss, as had happened in 1938, was forbidden. Nazi and fascist organisations were prohibited.Austrian neutrality
A common misconception is that the Austrian State Treaty contains a provision on Austria's permanent neutrality. This is not the case, there is no legal relation between Austria's neutrality and the State Treaty. However, there was a political connection, as the promise that Austria would declare their permanent neutrality was one of the reasons of the Soviet Union to agree to the treaty.Austrian neutrality was instituted through the Declaration of Neutrality, which was enacted as a Constitutional Law by the Austrian Parliament on 26 October 1955, one day after the last Allied troops were to leave Austria according to the treaty. This law states that "Austria of her own free will declares herewith her permanent neutrality" and provides that "Austria will never in the future accede to any military alliances nor permit the establishment of military bases of foreign States on her territory." Consistent with the declaration, Austria never joined either NATO or the Warsaw Pact.
Austria's neutrality model is often referred to as a "permanent neutrality" or "constitutional neutrality" model. This means that Austria has committed itself to a policy of neutrality in its foreign relations, which is anchored in the country's constitution and is not subject to change by simple legislation.
The key features of Austria's neutrality model are:
- Non-participation in military alliances: Austria does not participate in any military alliances, such as NATO or the Warsaw Pact.
- No foreign military bases: Austria does not allow any foreign military bases on its territory.
- Neutrality in international conflicts: Austria maintains a policy of neutrality in international conflicts, avoiding taking sides or providing military support to any party.
- UN membership: Austria is a member of the United Nations and participates in UN peacekeeping operations, but only in a non-combat role. This was different from the Swiss neutrality model, since Switzerland could not join the United Nations until its Swiss Federal Constitution was changed in 1999 Swiss referendums.
The Austrian neutrality model has been cited as a possible inspiration for Ukraine's own neutrality aspirations, with some arguing that a similar model could provide a solution to the country's security challenges.