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A protectorate, in international law, is an autonomous territory that is protected diplomatically or militarily against third parties by a stronger state or entity. In exchange for this, the protectorate usually accepts specified obligations, which may vary greatly, depending on the real nature of their relationship. However, it retains sufficient measure of sovereignty and remains a state under international law.

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Rationale

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Amical protection

In amical protection, the terms are often very favorable for the protectorate. The political interest of the protector is often moral (a matter of image, prestige, ideology, internal popularity, dynastic, historical or ethno-cultural ties, etc.) or countering a rival or enemy power (e.g., preventing the Ottoman Empire from obtaining or maintaining control of areas of strategic importance). This may involve a very weak protectorate surrendering control of its external relations; this, however, may not constitute any real sacrifice, as the protectorate may not have been able to have similar use of them without the protector's strength.

Amical protection was frequently extended by the great powers to other Christian (generally European) states and to smaller states that have no significant importance. In the post-1815 period, non-Christian states (such as China's Qing dynasty) also provided amical protection towards other much weaker states.

Colonial protection

Conditions are generally much less generous for areas of colonial protection. The protectorate was often reduced to a de facto condition similar to a colony, but using the pre-existing native state as an agent of indirect rule. Occasionally, a protectorate was established by or exercised by the other form of indirect rule: a chartered company, which becomes a de facto state in its European home state (but geographically overseas), allowed to be an independent country which has its own foreign policy and generally its own armed forces.

In fact, protectorates were declared despite not being duly entered into by the traditional states supposedly being protected, or only by a party of dubious authority in those states. Colonial protectors frequently decided to reshuffle several protectorates into a new, artificial unit without consulting the protectorates, a logic disrespectful of the theoretical duty of a protector to help maintain its protectorates' status and integrity. The Berlin agreement of February 26, 1895 stipulated that the colonial powers could declare in Black Africa protectorates (the last region to be divided among them) that could be established by diplomatic notification, even without actual possession on the ground. A similar case is the formal use of such terms as colony and protectorate for an amalgamation, convenient only for the colonizer or protector, of adjacent territories over which it held (de facto) sway by protective or "raw" colonial logic.

Foreign relations

In practice, a protectorate often has direct foreign relations only with the protecting power, so other states must deal with it by approaching the protector. Similarly, the protectorate rarely takes military action on its own, but relies on the protector for its defence. This is distinct from annexation, in that the protector has no formal power to control the internal affairs of the protectorate.

Protectorates differ from League of Nations Mandates, and similar United Nations Trust Territories, which gave in practice similar authority to "responsible" Western powers or Japan in various areas of the non-European world over former colonial possessions (including protectorates) of the losers in World Wars I and II, since a protectorate formally enters into the protection itself, while the international mandates are imposed upon them by the world community-representing body.

Belgian

During the East African Campaign of World War I, the north-west part of German East Africa, Ruanda-Urundi, was invaded by Belgian and Congolese troops in 1916 and was still occupied by them at the end of the war in 1918. As part of the Treaty of Versailles the major part of German East Africa was handed over to British control but Ruanda-Urundi, twice the size of Belgium but only about 2% of the size of the Congo, was confirmed as a Belgian protectorate by a League of Nations Mandate in 1924, later renewed as a United Nations Trust Territory. The territory was granted independence in 1962 as the separate countries of Rwanda and Burundi, bringing the Belgian colonial empire to an end.

British and Commonwealth protectorates

A protectorate, in the British Empire, is a territory which is not formally annexed but in which, by treaty, grant or other lawful means, the Crown has power and jurisdiction.[1]

A protectorate differs from a "protected state". A protected state is a territory under a ruler which enjoys Her Majesty's protection, over whose foreign affairs she exercises control, but in respect of whose internal affairs she does not exercise jurisdiction.[1]

When the British took over Cephallenia in 1809, they proclaimed, "We present ourselves to you, Inhabitants of Cephalonia, not as invaders, with views of conquest, but as allies who hold forth to you the advantages of British protection." When the British continued to occupy the Ionian Islands after the Napoleonic wars, they did not formally annex the islands, but described them as a protectorate. The islands were constituted by the Treaty of Paris in 1815 as the independent United States of the Ionian Islands under British protection.

Other British protectorates followed. In 1894, Prime Minister William Ewart Gladstone's government officially announced that Uganda was to become a British Protectorate, where Muslim and Christian strife had attracted international attention. The British administration installed carefully selected local kings under a program of indirect rule through the local oligarchy, creating a network of British-controlled civil service. Most British protectorates were overseen by a Commissioner or a High Commissioner, rather than a Governor.

British law makes a distinction between a protectorate and protected state. Constitutionally the two are of similar status where Britain provides controlled defence and external relations. However, a protectorate has an internal government established, while a protected state establishes a form of local internal self-government based on the already existing one.

Persons connected with former British protectorates, protected states, mandated or trust territories may still be British protected persons if they did not acquire the nationality of their country at independence.

The last British protectorate proper was the Solomon Islands, which gained independence in 1978; the last British protected state was Brunei, which gained full independence in 1984.

Other cases include:

Americas

Arab World

South and South East Asia

Sub-Saharan Africa

Asterisks denote protectorates which were governed from a colony of the same name

Oceania

Dutch

German

The German Empire used the word "Schutzgebiet", literally protectorate, for its true colonies as well until they were lost during World War I. Cases involving indirect rule included;

In the Pacific:

In Africa:

Besides these colonial uses, within Europe the Nazi Third Reich established:

French protectorates

  • Saar (1947-1956), not colonial or amical, but a former part of Germany that would by referendum return to it, in fact a re-edition of a former League of Nations mandate. Most French protectorates were colonial:

Asia

  • Present India: Arkat (Arcot/Carnatic) was 1692 - 1750 a French protectorate until 1763 independence recognized under British protectorate
  • French Indochina until 1953/54:

Arab World and Madagascar

  • Comoros 21 April 1886 French protectorate (Anjouan *) till 25 Jul 1912 annexed
  • Present Djibouti was originally, since 24 June 1884, the Territory of Obock and Protectorate of Tadjoura (Territoires Français d'Obock, Tadjoura, Dankils et Somalis), a French protectorate recognized by Britain on 9 February 1888, renamed on 20 May 1896 as French Somaliland (Côte Française des Somalis).
  • Mauritania on 12 May 1903 French protectorate; within Mauritanian several traditional states:
    • Adrar emirate since 9 January 1909 French protectorate (before Spanish)
    • The Taganit confederation's emirate (founded by Idaw `Ish dynasty), since 1905 under French protectorate.
    • Brakna confederation's emirate
    • Emirate of Trarza: 15 December 1902 placed under French protectorate status.
  • Morocco - most of the sultanate was 30 March 1912 - 2 March 1956 French protectorate
  • Traditional Madagascar States
    • Kingdom of Imerina under French protectorate, 6 August 1896. French Madagascar colony, 28 February 1897.
  • Tunisia, 12 May 1881 becomes a French protectorate by treaty. ... 20 March 1956 French protectorate terminated.

Sub-Saharan Africa

The legal regime of "protection" was the formal legal structure under which French colonial forces expanded in Africa between the 1830s and 1900. Almost every pre-existing state in the area later covered by French West Africa was placed under protectorate status at some point, although direct rule gradually replaced protectorate agreements. Formal ruling structures, or fictive recreations of them, were largely retained as the lowest level authority figure in the French Cercles, with leaders appointed and removed by French officials.[2]

  • Benin traditional states
    • Independent of Danhome, under French protectorate, from 1889
    • Porto-Novo a French protectorate, 23 February 1863 - 2 January 1865. Cotonou a French Protectorate, 19 May 1868. Porto-Novo French protectorate, 14 April 1882.
  • Central African Republic traditional states:
    • French protectorate over Dar al-Kuti (1912 Sultanate suppressed by the French), 12 December 1897
    • French protectorate over the Sultanate of Bangassou, 1894
  • Burkina Faso was since 20 February 1895 a French protectorate named Upper Volta (Haute-Volta)
  • Chad: Baghirmi state 20 September 1897 a French protectorate
  • Côte d'Ivoire: 10 January 1889 French protectorate of Ivory Coast
  • Guinea: 5 August 1849 French protectorate over coastal region; (Riviéres du Sud).
  • Niger, Sultanate of Damagaram (Zinder), 30 July 1899 under French protectorate over the native rulers, titled Sarkin Damagaram or Sultan)
  • Senegal: 4 February 1850 First of several French protectorate treaties with local rulers

Oceania

  • French Polynesia, mainly the Society Islands (several other were immediately annexed)[3] All eventually got annexed by 1889.
    • Otaheiti (native king styled Ari`i rahi) becomes a French protectorate known as Tahiti, 1842-1880
    • Raiatea and Tahaa (after temporary annexation by Otaheiti; (title Ari`i) a French protectorate, 1880
    • Mangareva (one of the Gambier Islands; ruler title `Akariki) a French protectorate, 16 January 1844
  • Wallis and Futuna:
    • Wallis declared to be a French protectorate by King of Uvea and Captain Mallet, 4 November 1842. Officially in a treaty becomes a French protectorate, 5 April 1887 until 1917 when it got annexed.
    • Sigave and Alo on the islands of Futuna and Alofi signed a treaty establishing a French protectorate on 16 February 1888 until annexed in 1917.

Italian

In Europe:

  • Monaco under amical Protectorate of the Kingdom of Sardinia 20 November 1815 to 1860.
  • Montenegro, 1941-1943

In the colonial empire:

  • Ethiopia: 2 May 1889 Treaty of Wuchale, in the Italian language version, stated that Ethiopia was to become an Italian protectorate, while the Ethiopian Amharic language version merely stated that the Emperor could, if he so chose, go through Italy to conduct foreign affairs. When the differences in the versions came to light, Emperor Menelik II abrogated first the article in question (XVII), and later the whole treaty. The event culminated in the First Italo-Ethiopian War, in which Ethiopia was victorious and defended her sovereignty in 1896.
  • Libya: on 15 October 1912 Italian protectorate declared over Cirenaica (Cyrenaica) until 17 May 1919.
  • Somalia: 3 August 1889 Benadir Coast Italian protectorate (in the northeast; unoccupied until May 1893), until 16 March 1905 when it changed to Italian Somaliland.
    • Majeerteen Sultanate since 7 April 1889 under Italian protectorate (renewed 7 April 1895), then in 1927 incorporated into the Italian colony.
    • Sultanate of Hobyo since December 1888 under Italian protectorate (renewed 11 April 1895), then in October 1925 incorporated into the Italian colony (known as Obbia).

United States

Japanese

Chinese (Qing Dynasty)

Qing Dynasty provided several amical or colonial protection to:

Russian

Spanish

  • Spanish Morocco protectorate from 27 November 1912 until 7 April 1956.
  • Mauritania: Adrar emirate since 1886 under Spanish protectorate till 9 January 1909, then a French protectorate.

Joint protectorates

United Nations

Contemporary usage by the United States

Some agencies of the United States government, such as the United States Environmental Protection Agency, still use the term protectorate to refer to insular areas of the United States such as Puerto Rico and the U.S. Virgin Islands. This was also the case with the Philippines and (it can be argued via the Platt Amendment) Cuba at the end of Spanish colonial rule. However, the agency responsible for the administration of those areas, the Office of Insular Affairs (OIA) within the United States Department of Interior exclusively uses the term "insular area" rather than protectorate.

Notes

  1. ^ a b The Statesman's Yearbook 1967-1968
  2. ^ See the classic account on this in Robert Delavignette. Freedom and Authority in French West Africa. London: Oxford University Press, (1950). The more recent statndard studies on French expansion include:
    Robert Aldrich. Greater France: A History of French Overseas Expansion. Palgrave MacMillan (1996) ISBN 0312160003.
    Alice L. Conklin. A Mission to Civilize: The Republican Idea of Empire in France and West Africa 1895-1930. Stanford: Stanford University Press (1998), ISBN 9780804729994.
    Patrick Manning. Francophone Sub-Saharan Africa, 1880-1995. Cambridge University Press (1998) ISBN 0521642558.
    Jean Suret-Canale. Afrique Noire: l'Ere Coloniale (Editions Sociales, Paris, 1971); Eng. translation, French Colonialism in Tropical Africa, 1900 1945. (New York, 1971).
  3. ^ C. W. Newbury. Aspects of French Policy in the Pacific, 1853-1906. The Pacific Historical Review, Vol. 27, No. 1 (Feb., 1958), pp. 45-56
  4. ^ The Abacus and the Sword: The Japanese Penetration of Korea, 1895-1910 by Peter Duus ISBN 0520213610

References

See also


1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

PROTECTORATE, in internationc..i law, now a common term to describe the relation between two states, one of which exercises control, great or small, direct or indirect, over the other. It is significant of the rare use of the term until recent times that the word does not occur in Sir G. C. Lewis's book on The Government of Dependencies. Yet the relation is very ancient. There have always been states which dominated their neighbours, but which did not think fit to annex them formally. It has always been politic for powerful states to facilitate and hide schemes of aggrandizement under euphemistic expressions; to cloak subjection or dependence by describing it in words inoffensive or strictly applicable to other relations. A common problem has been how to reduce a state to submission or subordination while ostensibly preserving its independence or existence; to obtain power while escaping responsibility and the expenditure attending the establishment of a regular administration. Engelhardt (Les Protectorats anciens et modernes) and other writers on the subject have collected a large number of instances in antiquity in,which a true protectorate existed, even though the name was not used. Thus the Hegemony of Athens as it existed about 467 B.C., was a form of protectorate; though the subject states were termed allies, the so-called " allies " in all important legal matters had to resort to Athens (Meyer, Geschichte des Alterthums, vol. iii. § 274).

In dealing with dependent nations Rome used terms which veiled subjection (Gairal, Les Protectorats internationaux, p. 26). Thus the relationship of subject or dependent cities to the dominant power was described as that of clientes to the patronus (Marquardt, Romische Staatsverwaltung, 2nd ed., vol. i. p. 80). Such cities might also be described as civitates foederatae or civitates liberae. Another expression of the same fact was that certain communities had come under the power of the Roman people; in deditionem or in fidem populi romani venire (Marquardt, Romische Staatsverwaltung, i. 73, 81). The kingdoms of Numidia, Macedonia, Syria and Pergamum were examples of protected states, their rulers being termed inservientes. The Romans drew a distinction between foedera aequa and foedera iniqua. The latter created a form of protectorate. But the protected state remained free. This is explained in a passage of the Digest 49.15.7: " Liber autem populus est is, qui nullius alterius populi potestati est subjectus, sive is foederatus est; item sive aequo foedere in amicitiam venit, sive foedere comprehensum est, ut is populus alterius populi majestatem comiter conservaret. Hoc enim adjicitur, ut intelligatur alterum populum superiorem esse: non ut intelligatur alterum non esse liberum " (Marquardt, Romische Staatsverwaltung, 2nd ed., vol. i. p. 46, Mommsen, Romisches Staatsrecht, vol. iii. pt. 1, p. 645, and the instances collected by Pufendorf, 8 c. 9.4) .

In medieval times this relation existed, and the term " protection " was in use. But the relation of subordination of one state to another was generally expressed in terms of feudal law. One state was deemed the vassal of another; the ruler of one did homage to the ruler of another. In his book De la Republique Bodin treats of ceux qui soot en protection (1. c. 7), or, as the Latin text has it, de patrocinio et clientela. In Bodin's view such states retain their sovereignty (1. c. 8). Discussing the question whether a prince who becomes a cliens of another loses his majestas, he concludes that, unlike the tru i vassal, the cliens is not deprived of sovereignty: " Nihilominus in foederibus et pacis actionibus, quae inter principes aut populos societate et amicitia conjunctissimos sancientur; earn vim habet ut nec alter alteri pareat, nec imperet: sed ut alter alterius majestatem observare, sine ulla majestatis minutione teneatur. Itaque jus illud clientelare seu protectionis omnium maximum ac pulcherrimum inter principes censetur " (1 c. 7). Elsewhere Bodin remarks, " le mot de protection est special et n'emporte aucune subjection de celuy qui est en protection." He distinguishes the relation of seigneur and vassal from that of protecteur and adherent. As to whether the protected state or prince is sovereign, he remarks, " je tiens qu'il demeure soverain, et n'est point subject." He makes clear this conception of protection by adding " l'advoue ou adherent doit estre exempte de la puissance du protecteur s'il contrevient aux traictes de protection. Voila donc la plus grande seurete de la protection, c'est empescher s'il est possible que les protecteurs ne soyent saisis des fortresses " &c. (p. 549, ed. 1580). Sometimes letters of protection were granted by a prince to a weak state, as e.g. by Louis XIII. in 1641 to the prince of Monaco (Gairal, p. 81).

Reverting to the distinction in Roman law, Grotius and Pufendorf, with many others, treat protection as an instance of unequal treaties; that is, " when either the promises are unequal, or when either of the parties is obliged to harder conditions " (De jure belli et pacis, 1 C. 13.21; De jure naturae, 8. c. g).

The following are some definitions of " protectorate ": " Principis privilegium, quo ne alicui vis inferatur, cavetur, eumque in protectionem suscipit." Du Cange: " La situation d'un Defini ious etat a l'egard d'un autre moans puissant auquel it a promis son appui d'une maniere permanent " (Gairal, of r o t ec' P 2 a definition applicable only to certain simple torate. )?

pp forms of this relation. " Pour le protege, une condition de misouverainete substituee a la pleine independence que comporte le regime de simple protection " (p. 58). " La situation respective de deux etats de puissance inegale, dont l'un contracte l'obligation permanente de defendre l'autre, et en outre de le diriger " (p. 62). " Unter einem Protektorat versteht man ein Schutzverhaltniss zwischen zwei Staaten des Inhalts dass der eine Staat, der Oberstaat oder schutzherrliche Staat, zum dauernden Schutze des anderen Staates - des Schutzstaates oder Unterstaates - verpflichtet ist; wofiir ihm ein mehr oder weniger weitgehender Einfluss auf die auswa,rtigen Angelegenheiten desselben and theilweise auch auf dessen innere Verhaltnisse eingeraiimt ist " (von Stengel, Die deutschen Schutzgebiete, i 1). " Das Verhdltniss von zwei (oder mehreren) Staaten, das in materieller Beziehung auf dem dauernden Bediirfniss des Schutzes eines schwacheren Staates durch einen starkeren beruht " (Ullmann, s. 26).

" The one common element in Protectorates is the prohibition of all foreign relations except those permitted by the protecting state. What the idea of a protectorate excludes, and the idea of annexation, on the other hand, would include, is that absolute ownership which was signified by the word dominium in Roman law, and which, though not quite satisfactorily, is sometimes described as ` territorial sovereignty.' The protected country remains, in regard to the protecting state, a foreign country; and this being so, the inhabitants of the protectorate, whether nativeborn or immigrant settlers, do not by virtue of the relationship between the protecting and the protected state become subjects of the protecting state " (Lord Justice Kennedy, Rex v. Crewe, 1910, 79, L.J., p. 802). " The mark of a protected state or people, whether civilized or uncivilized, is that it cannot maintain political intercourse with foreign powers except through or by permission of the protecting state " (Hall, Foreign Jurisdiction of the British Crown, p. 218). " A British protectorate is a country which is not within British dominions, but as regards its foreign relations is under the exclusive control of the King, so that its government cannot hold direct communication with any other foreign power, nor a foreign power with that Government " (Jenkyns, British Rule and Jurisdiction beyond the Seas,, p. 165; Reinsch, Colonial Government, p. 109; Payne, Colonies and Colonial Federations, p. 194).

The term is used very loosely. Often it designates a relation which it is deemed politic to leave indefinite: a state desires to obtain the reality of conquest without the responsibilities attaching thereto. Protectorate may mean no more than what it says: " One state agrees to protect or guarantee the safety of another." The term is also employed to describe any relation of a political superior to an inferior state. It is also used as the equivalent of suzerainty. As appears from the article Suzerainty, the terms are distinguishable. But both imply a desire to carry out changes without friction and not to break up ancient forms; both proceed on the plan of securing to the stronger state the substance of power while allowing the weaker state a semblance of its old constitution. It is a form of empire or state building which appears when a powerful, expanding state comes in contact with feebler political organizations, or when a state falls into decay, and disintegration sets in. The creation of a protectorate is convenient for the superior and the inferior; it relieves the former from the full responsibilities incident to annexation; it spares to some extent the feelings of the latter.

Certain protectorates originate in treaties; others have been imposed by force. Some are accompanied by occupation, in which case it is difficult to distinguish them from annexation. Thus the treaty of May 1881, art. 2, between France and Tunis, provides for the occupation of strategical points by the protecting state (A. Devaulx, Les Protectorats de la France, p. 21).

The establishment of a protectorate may be akin to a guarantee. Generally, however, the former implies a closer relation than a guarantee; and the two relations may be widely different, as may be seen by comparing treaties of guarantee with the treaty establishing the protectorate of Tunis.

Strictly speaking, a protectorate cannot exist over a domain uninhabited or ruled by no organized state; in such cases the elements of the true protectorates are wanting. But the distinction is not adhered to. The difficulty of defining the relations between the protected and the protecting states is greater, because a protectorate may imply a condition of transition: a contractual or limited relation of state to state, more or less rapidly changing into true union.

It has been the policy of the British government in India to establish on the frontiers, as elsewhere, protectorates. The political advantages of the system are pointed out in Sir A. Lyall's Rise and Expansion of the British Dominion in India. It is a system " whereby the great conquering or commercial peoples masked, so to speak, their irresistible advance "; it was much practised by the Romans in Africa and A si a; it has been chiefly applied in modern times Y PP in India (p. 326). The Indian states are sometimes described as " Feudatory States," sometimes " Independent and Protected States " (Twiss), sometimes " Mediatized States " (Chesney), sometimes " Half-Sovereign," sometimes as in a position of " subordinate alliance " (Lord Salisbury, Parliamentary Papers, 1897 [c. 87001. § 27). The Interpretation Act, 1889 (52 & 53 Vic. c. 63, s. 18), refers to the Indian native princes as under the " suzerainty " of the British Crown. These states are really sui generis,and their precise position can be understood only by a private examination of the treaties affecting them. The following are the chief points as to which Indian states are subject to English law: (I) the governorgeneral is empowered to make laws for servants of the British government and European and native Indian subjects of his majesty; (2) British laws are in force in certain parts of the native states e.g. in cantonments; (3) native princes have adopted certain British laws, e.g. the Indian Penal Code; (4) they have no external relations with foreign states; (5) the king is the donor of honours; (6) acts of parliament affect them indirectly by directly affecting the British agent; (7)(7) they receive advice, which may be akin to commands. (See also Ilbert's Government of India, 2nd ed. p. 140).

Among the chief British protectorates are: The African groups, consisting of the western group - Gambia;; Sierra Leone; Ashanti (northern territory); Northern Nigeria; Southern Nigeria (with which is amalgamated Lagos). The southern group - Bechuanaland; Southern Rhodesia; Swaziland. The central group - North-east Rhodesia and North-west Rhodesia; Nyasaland. The eastern group - British East Africa; Uganda; Zanzibar and Pemba (sometimes described as " a sphere of influence "); Somaliland; and the Sudan. There is a group of protectorates near Aden, including the island of Sokotra. There are also the Bahrein Islands in the Persian Gulf. Jurisdiction over these protectorates is, generally speaking, exercised under orders in council made under the Protec- Foreign Jurisdiction Act 1890 (Burge's Colonial and Foreign, Law, 2nd ed., p. 320). There is also the Malay group, consisting of the Malay States in the Borneo peninsula and in Borneo, the protectorates of North Borneo, Brunei and Sarawak. Protectorates also exist in the Western Pacific group of islands (including the Friendly Islands, the Ellice and Gilbert group, and the British Solomon Islands).

There is the interesting case of Papua (formerly British New Guinea), over which a protectorate was established in 1884, but which became in 1906 a territory of the Australian Commonwealth. There are also dependencies, or protectorates, attached to India, Baluchistan, Sikkim and Andaman Islands.

France possesses several protectorates, of which the chief are Tunis, Annam and Tongking. Her policy has been until lately to transform them into French territory. Such change has taken place as to Tahiti and Madagascar, and such in effect is the position of the Indo-China protectorates (Devaulx, Les Protectorats de la France; Report by Mr Lister, Parl. Papers 1908, Cd. 3883).

The chief German protectorates are South-west Africa, Togoland and Cameroon, German East Africa, Kaiser Wilhelm Land, Bismarck Archipelago, Solomon Islands, and Kiaochow - under lease from China - (Zeitschrift fitir Kolonialrecht, 1907, p. 311). Russia has the protectorates of Khiva and Bokhara; and China exercises or claims rights as protector of certain dependencies.

There are two principal classes of protectorates; the first being those exercised generally by treaty over civilized countries. Of the first, the chief are: (a) that of Cracow, which was recognized by the Treaty of Vienna as an independent state, and placed under the protection of Russia: it was incorporated with Austria in 1846; (b) Andorra, protected by Spain and France as successors of the counts of ' Foix (See Andorra); (c) the Ionian Islands, placed under the protection of Great Britain by the Treaty of Paris of 1815.

The second class of protectorates consists of those exercised by one civilized state over an uncivilized people, sometimes called a " Colonial Protectorate " or " pseudo-protectorate," and usually the preparatory step to annexation. These have become common, especially in Africa, since 1878. The second class may be subdivided into two groups: (a) protectorates exercised over countries with organized governments and under recognized sovereigns, such as the Malay States; and (b) those exercised over countries possessing no stable or definite governments and rulers. The territories of chartered companies, when not within the dominion of the protecting state, may also for some purposes be regarded as protectorates.

Attempts have been made to define the reciprocal rights and duties of protecting and protected states. Sometimes the treaty creating the relation defines the obligations. Thus in the treaty with respect to Sarawak the latter is described as an " independent state under the protection of Great Britain." " Such protection shall confer no right on his Majesty's government to interfere with the internal administration of that state further than is herein provided." The British consular officers are to receive exequaturs in the name of the government of Sarawak. Foreign relations are to be conducted by that government, and the raja cannot cede or alienate any part of the territory without the consent of the British government (Hertslet, 18.227). In the treaty creating a protectorate over the territories of ':.he king and chief of Opopo (Hertslet, 17.130) the sovereign undertakes to extend to them, and to the territory under their authority and jurisdiction, his favour and protection. They promise not to enter into " any correspondence, agreement or treaty with any foreign nation or power, except with the knowledge and sanction of his Majesty's government." Some treaties establishing protectorates provide for direct interference with internal affairs; for example, the treaty of 1847 creating a French protectorate over Tahiti, and that of 1883 as to Tunis. Sometimes the Oberstaat - to use a convenient expression - is content to insist upon the presence of a resident, who guides the policy of the native ruler. In the case of protectorates over uncivilized countries it is usual to stipulate against alienation of territory without consent of the Oberstaat. The legal position of protectorates is still somewhat undetermined; there are an old view and also a new view of their nature. The relation may be one of international law, two states having entered into obligations Inter- by treaty. Or the relation may be one of public law; one of two states has become subordinate to, Law. and incorporated with, the other. The general rule is that the protected state does not cease to be a sovereign state, if such was its previous status. Its head is still entitled to the immunities and dignity of a sovereign ruler. Further, the establishment of a protectorate does not necessarily rescind treaties made between the protected state and other states, at all events when it is not in reality conquest or cession, or when any modification would be to the injury of third parties (Pail. Papers, Madagascar, 1897 [c. 87001; Trione, 187). Nor does the new relation make any change as to the nationality of the subjects of the two states, though in some countries facilities are afforded to the subjects of the Unterstaat to transfer their allegiance; and they owe a certain ill-defined degree of obedience to the protecting state. Nor, speaking generally, does the territory of the protected state become part of the territory of the Oberstaat; in this respect is it unlike a colony, which may be regarded as an extension or outlying province of the country. At the same time, the question whether a particular protectorate forms part of the " dominion " or " territory " of the Crown for any purposes or within the meaning of any statute cannot be regarded as wholly free from doubt; its terms and intention must be examined. In Rex v. Crewe (1910, 7 9, L. J. 874) the Court of Appeal decided that the Bechuanaland Protectorate was not part of the dominion of the Crown, but was foreign territory. Several writers propose this distinction - the protected country is to be considered a part of the territory as to certain important sovereign rights, and as to other matters not. In one view, for the purpose of municipal law, the territory of a protectorate is not, but for the purposes of international law is, within the territory of the protecting state. In another view, such territory is foreign only in the sense that it is not within the purview of the majority of statutes (see Hall's International Law, 6th ed., 126, Heilborn, 535; Tupper's Indian Protectorates, 336; Laband, 2, § 70).

The older view of the position of a protectorate according to international law is contained in the decision of Dr Lushington in the case of the " Leucade " (8 S.T., N.s., 432), to the effect that, the declaration of war by Great Britain against Russia notwithstanding, the Ionian Islands, which were then under the protectorate of Great Britain, remained neutral. The king of Great Britain had the right of declaring peace and war. " Such a right is inseparable from protection." But the Ionian states did not become necessarily enemies of the state with which Great Britain was at war. According to one view, the protected state is implicated in the wars to which the protecting state is a party only when the latter has acquired a right of military occupation over the territory of the Former. " Cette solution a ete reconnue par la France en 1870, a propos de la guerre contre l'Allemagne pour les Iles Taiti alors soumises a notre protectorat; elle s'imposerait pour la Tunisie, l'Annam et Tonkin, et pour le Cambodge, ou les traites nous conferent le droit d'occupation militaire " (M. Despagnet). In the event of hostilities between the protecting and protected states, such hostilities would be regarded not as of the nature of an insurrection, but as a regular war (Trione, 149).

By the General Act of the Berlin Conference it was agreed that the acquisition of a protectorate should be notified to the signatories to the agreement (art. 34), and it has been the practice to give such notice. It was proposed by some of the powers represented that effective occupation should be a condition to the creation of a protectorate on the coast of Africa. But this was opposed by England, and was not adopted (Laband, ii. 680).

Many writers adhere to the doctrine that there is no impairment of sovereignty of the weaker state by the establishment of a protectorate. They also allege that it is res inter alios acta, an arrangement which concerns only parties to it. But the trend of recent policy and purport of much recent legislation are against this view. The distinct tendency, especially as to protectorates over uncivilized countries, is to treat, for purposes of international law, the territory of a protectorate as if it belonged to the protecting state. If France, for example, permitted in Tunis or other protectorates operations of an unfriendly character to any power, the injured power would no doubt look to France for redress. This view would probably be strongly pressed in the case of protectorates over countries having no well-defined or stable government. The probability is that in such cases governments and courts applying international law would probably be guided not by technical facts - such, to take the case of British possessions, as the fact that an order in council permitted appeals to the Judicial Committee - but would look to the facts of the case. " Any state which undertakes to protect another assumes towards the rest of the world responsibility for its good behaviour - the more complete protection the more extensive the responsibility - and this responsibility involves a duty to interfere if need be " (Coolidge, United States as a World Power," p. 167; and to the same effect Liszt, Volkerrecht, p. 31; and Zorn, Volkerrecht, p. 45). The tendency is for protecting states to assert jurisdiction over foreigners within the territories of the protected states (Westlake, 187; Jenkyns, p. 176; Ilbert, 2nd ed., 393, 434). Mr Hall remarks (International Law, 6th ed., p. 126 n.) that " all the states represented at the Berlin Conference of 1884-1885, with the exception of Great Britain, maintained that the normal jurisdiction of a protectorate includes the right of administering justice over the subjects of other civilized states." The General Act contemplated measures which are scarcely compatible with the exemption of European traders and adventurers from the local civilized jurisdiction. He points out that Great Britain - which until lately took the view that a protected state possesses only delegated powers, and that an Eastern state cannot grant jurisdiction over persons who are neither its own subjects nor subjects of the country to which the powers are delegated - had by the Pacific Order in Council of 1893 and the South African Orders in Council of1891-1894asserted jurisdiction over natives and foreign subjects. " The Orders show a gradual increase of the assumption of internal sovereignty" (Jenkyns, 193). A similar process is observable in the German protectorates, which are treated for some purposes as " inland," and not foreign territory (Der koloniale Inlandsand Auslands-begrif, Zeitschrift filr Kolonialrecht, 1907, p. 3 11). The fact is that in the case of protectorates over uncivilized or semi-civilized countries a development is inevitable: control quickly hardens into conquest, and international law more and more takes note of this fact.

Authorities. - Bodin, Les Six livres de la Republique (Lyons, 1580); De republica libri sex (Paris, 1586); Stengel, Die Staatsund volkerrechtliche Stellung der deutschen Colonien (1886); Heimburger, Der Erwerb der Gebietshoheit (1888); D'Orgeval, Les Protectorats allemands; annales de l'Ecole des Sciences Politiques (1890); Wilhelm, Theorie juridique des protectorats (1890); Despagnet, Essai sur les protectorats (1896); Heilborn, Das volkerrechtliche Protectorat (1891); Hall, The Foreign Jurisdiction of the British Crown (1894) Stengel, Die deutschen Schutzgebiete (1895); Gairal, Les Protectorats internationaux; Ieze, Etude theorique, eec., sur l'occupation, eec. (1896); Trione, Gli stati civili nei loro rapporti giuridici coi popoli barbari e semibarbari (1889); Ilbert, The Government of India (1898); Jenkyns, British Rule and Jurisdiction beyond the Seas (1902); Laband, Das Staatsrecht des deutschen Reiches (1876-1882), Revue de droit international, civilises, et barbares, xvii. 1, xviii. 188; Stengel, Die Rechtsverhdltnisse der deutschen Schutzgebiete (1901); Devaulx, Les Protectorats de la France (1903) article " Protectorates" in the Encyclopaedia of the Laws of England, 2nd ed., vol. xi.; Baty, International Law (1909); Ullmann, Volkerrecht, § 26 (1908); Rex v. Crewe (1910) 79, L.J. 874; Von Stengel in Zeitschrift fur Kolonialrecht (1909), p. 258; Sir W. Lee-Warner, Protected States of India (1910). (J. M.)


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Simple English

A protectorate is a country, or part of a country, or maybe a tribe of people in one area, that is ruled by another, larger and stronger country based on an agreement between the protectorate and the strong country. These were very common in the 1800s, especially in Africa, when European countries would give protection to small states or places there, and make money with the goods of the African place in exchange. The British Empire had many protectorates in a deal for the money.

For example Kuwait is independent and Sikkim is occupied by India.


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