Definitions Emerich de Vattel (Swiss Philosopher, Diplomat and legal expert whose theories laid the foundation of international law and political philosophy) “an independent but weak state that, for security reasons, submitted itself to the protection of a more powerful state and ceded its certain rights, but in doing so, did not cease to be an independent and sovereign state” W.E. Hall (in his book A Treatise on the foreign powers and Jurisdiction of the British Crown—Oxford 1894) “the mark of a protected state or people, whether civilised or uncivilised, is that it cannot maintain political intercourse with foreign powers except through or by permission of the protecting state” UNESCO Paris (in its book International Law: Achievements and Prospects) “where a weaker state wants to get protection from the other state, it is possible to enter into a treaty creating the status of a protectorate. The state of the protectorate has to be adjudged in the light of the constituent treaty.” Rationale they can benefit from the economic, political and military protection A larger nation might enjoy playing the role of the good samaritan for the sake of improving its international image and political clout. Protectorates can also be used by protectors to combat a political or military enemy. In this scenario, a protectorate might be strategically positioned in a region that the protector can use as a base of military operations, or it might be a territory that the protector feels necessary to guard in order to keep it from falling into enemy control. Examples of Protectorate: The treaty of Friendship (August 8, 1949) between Bhutan and India is an example of the creation of a protected state, Bhutan, with a quite loose relationship to the protecting state, India. By the terms of the treaty, Bhutan agreed to follow the guidance given by India in so far as external relations are concerned. India was not granted the power to exercise diplomatic rights on behalf of Bhutan and in this way Bhutan remained in charge of its foreign policy. In addition to this arrangement, India promised not to interfere with the internal administration of the protected state. The ICJ in a case concerning the United States Nationals in Morocco mentioned about the Protection of France saying that the right of France were defined by the Protectorate Treaty of 1912 and “Under this treaty, Morocco remained a sovereign state, but it made an arrangement of a contractual character whereby France undertook to exercise certain sovereign powers in the name and on behalf of Morocco.” IN 1956, Morocco was released from the protectorate status by joint declarations. September 17, 1888 agreement, Great Britain was given the right to protect Brunei which was still regarded as an independent state. By the terms of Agreement, Great Britain was not allowed to interfere with the internal affairs of Brunei. One of the last protectorate was Sikkim, which was on 26 April 1975 incorporated to India. Protectorates decreased in number due to the trend of self-determination and creation of new states. REMINDER Do not confuse with the period in English History during which the Commonwealth of England (England, Ireland, and Scotland) was governed by Lord Protector, Oliver Cromwell from 1653-1659.

At that time. as follows: The Principalities of Wallachia and Moldavia shall continue to enjoy under the suzerainty of the Porte (Ottoman Porte consists of the Sublime and High Porte) and under the Guarantee of the Contracting Powers. The rights of the suzerain state over the vassal are principally international rights. . Richard. of whatever they may consist. the Commonwealth had come to encompass Ireland and Scotland. Cromwell divided the Commonwealth up into military regions to be governed by major-generals that answered directly to Cromwell. Parliament declared the government a Commonwealth and a Republic. the position of Lord Protector was handed down to his son Richard. and at that time. II. The Sublime Porte (open court of the Sultan) engages to preserve to the said Principalities an Independent and National Administration. In every case in which the vassal state has absolutely no relations whatever with other states. During that time. When Cromwell died in 1658. In 1653. military and political leader Oliver Cromwell took over as ruler under the title of Lord Protector. of Commerce. constituted hence forward under the denomination of United Principalities of Moldavia and Wallachia. Examples of Suzerainty: The Status of Wallachia (part of Romania) and Moldavia (now parts of Romania. Suzerainty Definition Lassa Oppenheim (renowned German jurist and father of the modern discipline of International Law. Green and Co. There shall be no separate right of Interference in their Internal Affairs. placed hence forward under the Collective Guarantee of the Contracting Powers. I-Peace. suzerainty of this kind likewise. since the vassal state is either absolutely or mainly represented internationally by the Suzerain state. Servia received a similar status by the Peace of Paris (1856). Modern suzerainty involves only a few rights of the suzerain state over the vassal state which can be called constitutional rights.. the Sultan. in his book International Law: A Treatise Vol. such vassal remains nevertheless a half sovereign state on account of its internal independence. With the disappearance of the feudal system.The Commonwealth of England initially began in England in 1649. of Navigation. No exclusive possession shall be exercised over them by any of the guaranteeing Powers. but it has no position whatever within the Family of Nations and consequently is for no purpose whatever an international person and a subject of International Law. suzerainty was a term of constitutional law only. It is certain that a vassal state as such need not have any position whatever with in the Family of Nations. since the suzerain absorbs these relations entirely. Suzerainty is a kind of international guardianship. Republic of Moldova and Ukraine) was defined in the Treaty of Paris of 1856. in conformity with the Imperial Hats which fix and determine its rights and immunities. of Legislation.” Convention of Paris in 1858: The Principalities of Moldavia and Wallachia. the relation of vassal to suzerain being implied in the treaty provisions: The Principality of Servia shall continue to hold of the Sublime Porte. Longmans. are placed under the suzerainty of His Majesty. the lord was said to be the suzerain of the vassal. however. wasn't able to effectively command the Commonwealth. London 1920) “Suzerainty is a term which was originally used for the relation between the feudal lord and his vassal. which opened the door for the monarchy to be restored in 1659 under the rule of King Charles II. disappeared. with the beheading of King Charles I and the overthrow of the English Monarchy. as well as full liberty of worship. the Privileges and Immunities of which they are in possession.

especially those of Central Africa. the said principality shall preserve its independent and national administration. of Commerce. Other peoples. III. . are at such a stage that the Mandatory must be responsible for the administration of the territory under conditions which will guarantee freedom of conscience and religion. The wishes of these communities must be a principal consideration in the selection of the Mandatory. such as South-West Africa and certain of the South Pacific Islands. There are territories. of Legislation. or their remoteness from the centres of civilisation. or their geographical contiguity to the territory of the Mandatory. its economic conditions and other similar circumstances. the prohibition of abuses such as the slave trade. can be best administered under the laws of the Mandatory as integral portions of its territory. and that this tutelage should be exercised by them as Mandatories on behalf of the League.In consequence. 22 To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world. the arms traffic and the liquor traffic. and the prevention of the establishment of fortifications or military and naval bases and of military training of the natives for other than police purposes and the defence of territory. owing to the sparseness of their population. The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who by reason of their resources. The character of the mandate must differ according to the stage of the development of the people. if not previously agreed upon by the Members of the League. subject to the safeguards above mentioned in the interests of the indigenous population. or administration to be exercised by the Mandatory shall. there should be applied the principle that the well-being and development of such peoples form a sacred trust of civilisation and that securities for the performance of this trust should be embodied in this Covenant. control. 32 (1) of the British Nationality Act of 1948 defined "mandated territory" as "a territory administered by the government of any part of His Majesty's dominions in accordance with a mandate from the League of Nations" The Covenant of the League of Nations Art. Mandated Territories Definition Sec. the geographical situation of the territory. which. Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognized subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone. or their small size. and other circumstances. the Mandatory shall render to the Council an annual report in reference to the territory committed to its charge. In every case of mandate. and will also secure equal opportunities for the trade and commerce of other Members of the League. their experience or their geographical position can best undertake this responsibility. subject only to the maintenance of public order and morals. A permanent Commission shall be constituted to receive and examine the annual reports of the Mandatories and to advise the Council on all matters relating to the observance of the mandates. and who are willing to accept it. The degree of authority. and of Navigation. be explicitly defined in each case by the Council. as well as full Liberty of Worship.

and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned. The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements: a. economic.IV. The basic objectives of the trusteeship system. Trust Territories Definition Sec. The trusteeship system shall not apply to territories which have become Members of the United Nations. Article 77. territories voluntarily placed under the system by states responsible for their administration. sex. and commercial matters for all Members of the United Nations and their nationals. territories which may be detached from enemy states as a result of the Second World War. -to encourage respect for human rights and for fundamental freedoms for all without distinction as to race. and c. and educational advancement of the inhabitants of the trust territories. in accordance with the Purposes of the United Nations laid down in Article 1 of the present Charter. The United Nations shall establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories. without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80. language. economic. b. and to encourage recognition of the interdependence of the peoples of the world. or religion. It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms. and -to ensure equal treatment in social. and as may be provided by the terms of each trusteeship agreement. Article 78. . 32 (1) of the British Nationality Act of 1948 defined a "trust territory" as "a territory administered by the government of any part of His Majesty's dominions under the trusteeship system of the United Nations". shall be: -to further international peace and security. relationship among which shall be based on respect for the principle of sovereign equality. and also equal treatment for the latter in the administration of justice. social. -to promote the political. Article 76. territories now held under mandate. UN Charter CHAPTER XII: INTERNATIONAL TRUSTEESHIP SYSTEM Article 75.

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