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| Type | Multilateral treaty |
|---|---|
| Signed | 15 May 1955 (1955-05-15) |
| Location | Vienna,Austria |
| Effective | 27 July 1955 (1955-07-27) |
| Parties |
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TheAustrian State Treaty (German:Österreichischer Staatsvertrag[ˈøːstɐraɪçɪʃɐˈʃtaːtsfɐˌtraːɡ]ⓘ) orAustrian Independence Treaty establishedAustria as a sovereign state.[1] It was signed on 15 May 1955 inVienna, at theSchloss Belvedere among theAlliedoccupying powers (France, theUnited Kingdom, theUnited States, and theSoviet Union) and theAustrian government.[2] The neighbouringFederal People's Republic of Yugoslavia acceded to the treaty subsequently.[2] It officially came into force on 27 July 1955.[2]
Its full title is "Treaty for the re-establishment of an independent and democratic Austria, signed in Vienna on 15 May 1955" (German:Staatsvertrag betreffend die Wiederherstellung eines unabhängigen und demokratischen Österreich, unterzeichnet in Wien am 15. Mai).
The treaty re-established afree,sovereign anddemocraticAustria. The basis for the treaty was theMoscow 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.[2]
After theAnschluss in 1938,Austria had generally been recognized as part ofNazi Germany. In 1943, however, theAllies agreed in theDeclaration of Moscow that Austria would instead be regarded asthe first victim of Nazi aggression—without denying Austria's role in Nazi crimes—and treated as a liberated and independent country after the war.
In the immediateaftermath of World War II, theAllied occupation of Austria started on 27 April 1945 when Austria under Allied control claimed independence fromGermany as a result of theVienna Offensive. Austria was divided into four zones and jointly occupied by theUnited Kingdom, theSoviet Union, theUnited States, andFrance.Vienna was similarly subdivided, but the central district was collectively administered by theAllied Control Council.
Whereas Germany was divided intoEast andWest 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 theCold War. First attempts to negotiate a treaty were made by the first post-war government. However, they failed because the Allies wanted to see apeace treaty withGermany first. A treaty became less likely with the development of theCold War. However, Austria successfully held its part ofCarinthia against the demands of a resurgentFederal People's Republic of Yugoslavia, even though the issue of potential reunification withSouth Tyrol, annexed byItaly fromAustria-Hungary in 1919, was not addressed.
The climate for negotiations improved withJoseph Stalin's death in 1953 and the warming of relations known as theKhrushchev Thaw. Negotiations with the Soviet foreign minister,Vyacheslav Molotov, secured the breakthrough in February 1955.[3]
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.
As well as general regulations and recognition of the Austrian state, the minority rights of theSlovene andCroat minorities were also expressly detailed.Anschluss (Austria's political union withGermany), as had happened in 1938, was forbidden (German recognition of Austria's sovereignty and independence and renunciation by Germany of territorial claims over Austria were later covered in general terms in the 1990Treaty on the Final Settlement with Respect to Germany about existing borders, but not specifically).Nazi andfascist organisations were prohibited.
One of the key provisions of the Austrian State Treaty was Austria's declaration of permanent neutrality. Article 5 of the treaty states that Austria "shall not participate in any military alliances, nor shall it allow the establishment of any foreign military bases on its territory."To implement this provision, the 1920Constitution of Austria was amended in 1955 to incorporate a provision on neutrality, which is now enshrined in Article 9a of the Austrian Federal Constitutional Law. This article states that "Austria declares its permanent neutrality" and provides that "Austria shall not participate in any military alliances, nor shall it allow the establishment of any foreign military bases on its territory."
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:
1.Non-participation in military alliances: Austria does not participate in any military alliances, such as NATO or the Warsaw Pact (which dissolved in 1991).
2.No foreign military bases: Austria does not allow any foreign military bases on its territory.
3.Neutrality in international conflicts: Austria maintains a policy of neutrality in international conflicts, avoiding taking sides or providing military support to any party.
4.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 theSwiss neutrality model, sinceSwitzerland could not join theUnited Nations until itsSwiss Federal Constitution was changed in1999 Swiss referendums.
Austria's neutrality model has been successful in maintaining the country's independence and sovereignty, and it has allowed Austria to play a role as a bridge between East and West during the Cold War. Today, Austria continues to maintain its neutrality policy, while also participating actively in European and international affairs.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.
Austrianneutrality is actually not in the original text of the treaty but was instituted through theDeclaration of Neutrality, which was enacted by theAustrian Parliament on 26 October 1955, after the last Allied troops were to leave Austria according to the treaty. Consistent with the declaration, Austria never joined eitherNATO or theWarsaw Pact.
As a result of the treaty the Allies left Austrian territory on 25 October 1955. 26 October came to be celebrated as anational holiday (called the Day of the Flag until 1965). It is sometimes thought to commemorate the withdrawal of Allied troops, but in fact celebrates the anniversary of the Declaration of Neutrality.
