Protectorate

A protectorate (from the Latin protegere 'to protect'; sometimes also protectorate state or protectorate territory) is a partly sovereign community and dependent state territory whose foreign representation and national defence are subordinated to another state by an international treaty. In contrast, colonies or overseas territories are the property of the respective colonial power, and the inhabitants are its subjects. However, this definition did not solidify until the end of the 19th century. Until then - especially in the period of the "race for Africa" in the last quarter of the 19th century - the use of the word was still blurred, and some African territories that had no statehood in the modern sense were called protectorates. This was a preliminary stage to the actual colony, in which not a local state but one's own interests in the area were protected against rival European states. These protectorates were all transformed into colonies at the beginning of the 20th century.

If the subordinate state has the right of final decision and thus remains "master of the affairs", one should not speak of a protectorate. Whether the protectorate state retains its subjectivity under international law for the duration of the protectorate because of its relations with the superior protectorate power is disputed. According to one legal view, it retains its sovereignty but can only exercise it to a limited extent. In the opinion of the opposing side, the protectorate, with its external sovereignty, lacks an essential characteristic of statehood, which is why it cannot be regarded as a subject of international law; the protectorate can nevertheless be given a treaty-capable subjectivity of international law and thus be allowed independent international legal relations without the supervision of the protectorate state.

Protectorates by States and Organizations

British protectorates

One of the first protectorates in the modern sense was the British protectorate over the Republic of the Ionian Islands from 1815 to 1863. Britain maintained other protectorates over various Asian states: Sikkim (1861-1947, subsequently an Indian protectorate), Bahrain (1880 and 1892-1971), Brunei (1888 and 1959-83), North Borneo (Sarawak and Sabah; 1888-1946), and the Malay sultanates of Johor, Kedah, Kelantan, Perlis, and Terengganu (combined into the Unfederated Malay States) until 1957. A British protectorate in the South Pacific was Tonga from 1900 to 1970.

In 1914, the British declared the former Ottoman province an independent Sultanate of Egypt under their "Protectorate" until the country was formally released into independence as a kingdom in 1922 - but Egyptian foreign policy remained under British control until 1936, as did the joint administration of the Sudan. The territories subjugated from 1885 in what is now Nigeria were combined in 1899 into the Northern Nigeria and Southern Nigeria Protectorate units. The lands were administered by the traditional rulers in the spirit of indirect rule, 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 Aschanti was a true protectorate 1935-1951. The Kingdom of Swaziland became a protectorate of the Boer State of South Africa (Transvaal) in 1894, and a British protectorate 1902-1968. Other protectorates were Betschuanaland (now Botswana) 1865-1966, Basutoland (Kingdom of Lesotho) 1868-1966, Sultanate of Zanzibar 1890-1963, Emirate of Kuwait 1914-1961, Sheikdom of Qatar 1916-1971, Gulf Sheikdoms (Pirate Coast, now United Arab Emirates) 1892-1971/72, Sheikdoms in the Western Aden Protectorate and Hadramaut (now part of the Republic of Yemen) 1849/1903-1967.

Danish Protectorate

Greenland, since it was established by Denmark as a self-governing territory within the Kingdom of Denmark (first stage of self-government - hjemmestyre - introduced in 1979, second stage and reinforced - now selvstyre - in 2009), has been considered a protectorate in the sense of international law.

German "protectorates

Colonial

The so-called German protectorates German Southwest Africa (today: Namibia), German East Africa (today: Tanzania, Rwanda, Burundi), Cameroon, Togo (today: Togo and the easternmost part of Ghana) as well as German New Guinea (today: part of Papua New Guinea and Micronesia), Kiautschou, and German Samoa (today: Samoa) were not protectorates under international law but colonies until the First World War.

Protectorate of Bohemia and Moravia

In breach of the Munich Agreement of 1938, the then Czechoslovakia, without the already ceded territories of the Sudetenland and Slovakia, which declared itself independent as the First Slovak Republic and was hived off, was formally transformed into the Protectorate of Bohemia and Moravia in 1939 (→ Disintegration of the Rest of Czechoslovakia). However, it was only a protectorate in name; in fact, the annexed territory was more of a semi-autonomous province of the German Reich, or in terms of international law, the protectorate was a sub-state in the sense of a state.

French protectorates

The Principality of Monaco has been a protectorate of France since 1861, but in more recent times with special foreign policy rights (e.g. accession to the UN in 1993). In the Basic Treaty with France of 24 October 2002 (entered into force 2006), which replaced the 1918 Treaty of Protection, Monaco underlined its state independence; however, the treaty provides for a consultation obligation in important matters of Monegasque foreign policy and Monaco continues to belong to France in terms of trade policy. Today it is often regarded as the only protectorate in Europe and one of the last protectorates ever. Sometimes, however, there is only talk of a "quasi-protectorate".

Historical French protectorates included the Beylik Tunisia 1881-1956 and the Sultanate of Morocco (French zone) 1912-1956;

The status of the Saarland, which was autonomous from 1947 to 1956 but economically linked to France and represented by the latter in foreign policy and military matters, is also sometimes referred to as a protectorate or compared to one.

Indian protectorates

The Kingdom of Sikkim was an Indian protectorate from 1950 to 1975, after which it was annexed by India and included as a state in the Indian Union. Bhutan has been under Indian protectorate since 1949. Since joining the UN in 1971, its continued protectorate status has been in question; in part, Bhutan is still counted as a protectorate given its enduring foreign and defense ties to India.

Italian protectorate

Due to San Marino's permanent economic, foreign and defence policy ties to Italy, it is partly regarded as a protectorate, but this has been disputed at least since San Marino's own UN membership in 1992.

Japanese protectorates

Greater Korea 1905-1910. The "state" of Manchukuo (1932-1945) was a de facto protectorate; it had declared independence from China on February 18, 1932.

Russian protectorates

Khanate of Bukhara 1868-1920; Khanate of Khiva 1873-1920; Urjanchai 1914-1917, Poland-Lithuania since 1768.

Swiss protectorate

Liechtenstein's relationship with Switzerland, with which it is intensively and permanently linked in economic, foreign and defence 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.

Spanish protectorate

Sultanate of Spanish Morocco 1912-56/58.

Joint protectorate of several states

The Republic of Krakow was under the joint protectorate of Austria, Prussia and Russia from 1815 to 1846. Subsequently, Krakow was annexed by Austria with the consent of the other two protectorates.

International Protectorates

Territories under the sovereignty of an international organization. The term is applied today to the following territories: Bosnia, Kosovo (disputed; not a protectorate in the sense of international law), Afghanistan (at times), Iraq (at times). It is disputed under which circumstances one can speak of an international protectorate at all or when one can no longer speak of a protectorate. An auxiliary construction could be: A territory is to be considered a protectorate as long as it cannot provide for the maintenance of state sovereignty without the international community. The high international presence often generates economic processes and structures in protectorates that resemble those of rentier economies. In the sense of international law, cases of international administration are not protectorates; they are more akin to those of a co-empire or mandate and trusteeship regimes.

Mandated territories 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 the territory of present-day Iraq) - were not protectorates because they were not states in their own right. But since they were to be brought to the status of independent states, they were very similar to protectorates. The B-mandates were de facto colonies; the C-mandates (e.g. the former German South-West Africa) were administered as parts of the territory of the mandated power.