Austro-German Custom Union Case Advisory Opinion

1931 Austria and Germany reached a preliminary agreement on a custom union. 88 Treaty of St Germain 1919: independence of Austria is inalienable. Austria undertakes to abstain from any act, which might directly or indirectly or by any means whatever to compromise her independence. League asked whether Austria was acting contrary to Treaty

Independence of Austria must be understood to mean the continued existence of Austria within her present frontiers as a separate State with sole right of decision in all matters economic, political, financial or other…these different aspects of independence being in practice one and indivisible. Anzilotti: independence is described as sovereignty, suprema potestas, by which a state has over itself no other authority than IL. Restrictions upon a State’s liberty do not as such affect its independence as long as they do not place the state under the legal authority of another state. The former remains independent however the extensive and burdensome those obligations may be. Independence can be defined comparing the abnormal ‘dependent states’, they are subject to the authority of one or more states, relation between a superior state and an inferior of subject state