A protectorate (from Latin protegere , "protect"; German sometimes also a protected state or protected area ) is a partially sovereign community and dependent state territory , whose foreign representation and national defense are subject to another state by an international treaty . In contrast, colonies or overseas territories are owned by the respective colonial power , the inhabitants are their subjects. However, this definition did not solidify until the end of the 19th century. Until then - especially during the " Race for Africa " in the last quarter of the 19th century - the use of the word was still vague, and some African areas that did not have any statehood in the modern sense were called protectorates. This was a preliminary stage to the actual colony, in which not a local state, but its own interests in this area were protected against rival European states. These protectorates were all converted into colonies at the beginning of the 20th century.
If the subordinate state has a final right of decision and thus remains “master of the business”, it should not be referred to as a protectorate. Whether the protected state retains its subjectivity under international law for the duration of the protectorate because of the relationship with the higher protectorate power is disputed. According to a legal opinion, he retains his sovereignty , but can only exercise it to a limited extent. In the opinion of the other side, the protectorate lacks an essential feature of statehood with external sovereignty, which is why it cannot be viewed as a subject of international law; The protectorate can nevertheless be given a contractual subjectivity under international law and thus independent international legal transactions can be permitted without the supervision of the protector state.
Protectorates by state and organization
One of the first protectorates in the modern sense was the British protectorate over the Republic of the Ionian Islands from 1815 to 1863. Great Britain had other protectorates over various Asian states: Sikkim (1861–1947, then Indian protectorate), Bahrain (1880 and 1892–1971) , Brunei (1888 and 1959–83), Northern Borneo (Sarawak and Sabah; 1888–1946) and the Malay sultanates of Johor , Kedah , Kelantan , Perlis and Terengganu (combined to form the Unfederated Malay States ) until 1957. A British protectorate in Tonga was the South Pacific from 1900 to 1970.
In 1914, the declared British the former Ottoman province for the independent Sultanate of Egypt under its "protectorate" until the country in 1922 formally - the Egyptian but foreign policy remained until 1936 as well as the joint management of the Sudan under British control - as UK in the independence dismissed has been. The areas that are subject to today's Nigeria from 1885 onwards were combined in 1899 into the units of Northern Nigeria and Southern Nigeria Protectorate . The countries were administered in the sense of indirect rule by the traditional rulers, but were subject to the legislation of the governor-general and were therefore colonies rather than protectorates. The same applied to the north of the Gold Coast colony (now Ghana ), but the Kingdom of Ashanti was a real protectorate from 1935 to 1951. The Kingdom of Swaziland became a protectorate of the Boer State of the South African Republic ( Transvaal ) in 1894 , and a British protectorate from 1902 to 1968. Other protectorates were Bechuanaland (today Botswana ) 1865–1966, Basutoland (Kingdom of Lesotho ) 1868–1966, Sultanate of Zanzibar 1890–1963, Emirate of Kuwait 1914–1961, Sheikdom Qatar 1916–1971, Gulf sheikdoms ( Pirate Coast , today United Arab Emirates ) 1892–1971 / 72, sheikdoms in the West Aden Protectorate and Hadramaut (now part of the Republic of Yemen ) 1849 / 1903–1967.
The so-called German protected areas German South West Africa (today: Namibia ), German East Africa (today: Tanzania , Rwanda , Burundi ), Cameroon , Togo (today: Togo and the easternmost part of Ghana ) and German New Guinea (today: part of Papua- New Guinea and Micronesia ), Kiautschou and German Samoa (today: Samoa ) were not protectorates until the First World War , but colonies .
Protectorate of Bohemia and Moravia
Interruption of the Munich Agreement of 1938, the then was Czechoslovakia without the already assigned areas of the Sudetenland and the Slovak Republic , which when first Slovak Republic regardless explained and was spun off in 1939 formally into the Protectorate of Bohemia and Moravia converted (→ destruction of the remainder of Czechoslovakia ). However, it was only a protectorate in name; in fact, the annexed area was more of a semi-autonomous province of the German Reich or, in terms of international law, the protectorate represented a sub-state in the sense of a state .
The Principality of Monaco has been a protectorate of France since 1861, but more recently with special foreign policy rights (e.g. joining the UN in 1993 ). In the basic treaty with France of October 24, 2002 (which came into force in 2006), which replaced the 1918 Protection Treaty, Monaco underlined its state independence ; However, the treaty provides for consultation on important questions of Monegasque foreign policy and Monaco continues to belong to France in terms of trade policy. Today it is often seen as the only protectorate in Europe and one of the last protectorates at all. In some cases, however, there is only talk of a “quasi-protectorate”.
The status of Saarland , which was autonomous from 1947 to 1956 but was economically attached to France and represented by France in terms of foreign policy and military, is sometimes referred to as a protectorate or compared with one.
The Kingdom of Sikkim was an Indian protectorate from 1950 to 1975, after which it was annexed by India and incorporated as a federal state into the Indian Union. Bhutan has been under the Indian protectorate since 1949. Since joining the UN in 1971, the continued protectorate status has been questionable; in part, Bhutan is still counted among the protectorates in view of its permanent foreign and defense policy ties to India.
Due to the permanent economic, foreign and defense policy ties between San Marino and Italy, it is sometimes viewed as a protectorate, but this has been a matter of dispute since San Marino became a member of the UN in 1992.
Liechtenstein's relationship with Switzerland, with which it is closely and permanently linked in economic, foreign and defense policy terms, is sometimes described as a protectorate. In view of Liechtenstein's own UN membership since 1990, however, its continued protectorate status is disputed.
Sultanate of Spanish-Morocco 1912–56 / 58.
Common protectorate of several states
Territories that are under the sovereignty of an international organization. The term is used today in the following areas: Bosnia , Kosovo (controversial; no protectorate in the sense of international law), Afghanistan (temporarily), Iraq (temporarily). It is controversial under which circumstances one can speak of an international protectorate or when it can no longer be used as a protectorate. An auxiliary construction could be: A territory is to be regarded as a protectorate as long as it cannot ensure the maintenance of state sovereignty without the international community. The high international presence in the protectorates often creates economic processes and structures that are similar to those of rent economies . In the sense of international law, the cases of international administration are not protectorates, they are more similar to those of a coimperium or mandate and trust regimes.
Mandate areas of the League of Nations
Even the League of Nations A mandates - such as the League of Nations Mandate for Palestine or the British Mandate for Mesopotamia (on what is now Iraq ) - were not protectorates because they were not states in their own right. But since they were to be led to the status of independent states, they were very similar to protectorates. The B mandates were in fact colonies; the C mandates (e.g. the former German South West Africa ) were administered as parts of the state territory of the mandate power.
- Michael Rafii: State connections. In: Burkhard Schöbener (Ed.): Völkerrecht. Lexicon of central terms and topics. CF Müller, Heidelberg 2014, ISBN 978-3-8114-4129-3 , p. 420; Michael Gal: States, rich people, dependents. Foundation of a theory of politics. In: ders., International Political History. Concept - Basics - Aspects. Norderstedt 2019, ISBN 978-3-7528-2338-7 , p. 269.
- Gerhard Hoffmann: Protectorates. In: Rudolf Bernhardt : Encyclopedia of Public International Law (EPIL), Volume 3, Elsevier, Amsterdam 1997, p. 1154.
- Burkhard Schöbener, Matthias Knauff: Allgemeine Staatslehre. 2nd edition, CH Beck, Munich 2013, § 6 Rn. 50 (p. 271).
- Cf. for example Gregor Schöllgen : The foreign policy of the Federal Republic of Germany. 3rd edition 2004, p. 125 f.
- Andreas von Arnauld: Völkerrecht. 2nd edition, CF Müller, Heidelberg 2014, § 2 Rn. 33 (p. 36).
- Matthias Herdegen: International Law. 15th edition, CH Beck, Munich 2016, § 8 Rn. 33 (p. 94).
- Torsten Stein, Christian von Buttlar: Völkerrecht. 13th edition, Vahlen, Munich 2012, Rn. 303 (p. 95).
- Sven Leunig: The government systems of the German states. 2nd edition, Springer VS, Wiesbaden 2012, p. 41 .
- Herbert Elzer: Konrad Adenauer, Jakob Kaiser and the "little reunification". The federal ministries in the foreign policy struggle for the Saar from 1949 to 1955. Röhrig Universitätsverlag, St. Ingbert 2008, pp. 845, 852, with further references.
- Fritz Münch: On the Saar Treaty of October 27, 1956. In: Journal for foreign public law and international law (ZaöRV), Vol. 18 (1957), pp. 1-60, here p. 3 with further references.
- Heinrich August Winkler : History of the West. The time of the world wars 1914–1945 , CH Beck, Munich 2011 ( online ).
- Andreas Kappeler : Russia as a multi-ethnic empire: emergence - history - decay , Beck'sche series, 2001, p. 295.
- Rudolf Kirchschläger: Protectorate. In Karl Strupp, Hans-Jürgen Schlochauer: Dictionary of international law. 2nd edition, 2nd volume, de Gruyter, Berlin 1961, p. 810.
- Michael Dauderstädt, Arne Schildberg (ed.): Dead Ends of Transition. Rentier Economies and Protectorates. Campus, Frankfurt am Main 2006, ISBN 3-593-38154-0 .