A protectorate, in its inception adopted by modern international law, is a dependent territory that has been granted local autonomy and some independence while still retaining the suzerainty of a greater sovereign state. In exchange for this, the protectorate usually accepts specified obligations, which may vary greatly, depending on the real nature of their relationship. Therefore, a protectorate remains an autonomous part of a sovereign state. They are different from colonies as they have local rulers and people ruling over the territory and experience rare cases of immigration of settlers from the country it has suzerainty of. However, a state which remains under the protection of another state but still retains independence is known as a protected state and is different from protectorates.
In amical protection, the terms are often very favorable for the protectorate. The political interest of the protector is frequently moral (a matter of accepted moral obligation, prestige, ideology, internal popularity, dynastic, historical, or ethno-cultural ties) or countering a rival or enemy power (e.g., preventing the rival 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 had no significant importance[ambiguous]. In the post-1815 period, non-Christian states (such as China's Qing dynasty) also provided amical protection towards other much weaker states.
In modern times, a form of amical protection can be seen as an important or defining feature of microstates. According to the definition proposed by Dumienski (2014): "microstates are modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints". Examples of microstates understood as modern protected states include Bhutan,Liechtenstein, San Marino, Monaco, Niue, the Cook Islands, and Palau.
Colonial protection of the International Law
Conditions regarding protection 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, 1885 allowed the colonial powers to establish protectorates in Black Africa (the last region to be divided among them) 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.
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 their successors, United Nations Trust Territories, whose administration is supervised, in varying degrees, by the international community. A protectorate formally enters into the protection through a bilateral agreement with the protector, while international mandates are stewarded by the world community-representing body, with or without a de facto administering power.
Trumon Sultanate (1770?), Langkat Sultanate (26 October 1869), Deli Sultanate (22 August 1862), Asahan Sultanate (27 September 1865), Siak Sultanate (1 February 1858) and Indragiri Sultanate (1838?) in Sumatra
Jogjakarta Sultanate (13 February 1755), Mataram Empire and Surakarta Sunanate (26 February 1677), Duchy of Mangkunegara (24 February 1757) and Duchy of Paku Alaman (22 June 1812) in Java.
Sumbawa Sultanate (?) and Bima Sultanate (8 December 1669) in Lesser Sunda Islands.
Pontianak Sultanate (16 August 1819), Sambas Sultanate (1819), Kubu Sultanate (4 June 1823), Landak Sultanate (?), Mempawah Sultanate (?), Matan Sultanate (?), Sanggau Sultanate (?), Sekadau Sultanate (?), Simpang Sultanate (?), Sintang Sultanate (1822), Sukadana Sultanate (?), Kota Waringin Sultanate (?), Kutai Kertanegara Sultanate (8 August 1825), Gunung Tabur Sultanate (?) and Bulungan Sultanate (?) in Borneo.
Gowa Sultanate (1669), Bone Sultanate (?), Sidenreng Sultanate (?), Soppeng Sultanate (?), Butung Sultanate (?), Muna Sultanate (?) and Banggai Sultanate (?) in Celebes.
Ternate (12 October 1676) and Batjan Sultanate (?) in The Moluccas.
Kaimana Sultanate (?) in Dutch New Guinea.
Saar Protectorate (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.
Present India: Arkat (Arcot/Carnatic) was 1692–1750 a French protectorate until 1763 independence recognized under British protectorate
Comoros 21 April 1886 French protectorate (Anjouan) until 25 July 1912 when 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.
Kingdom of Imerina under French protectorate, 6 August 1896. French Madagascar colony, 28 February 1897.
Tunisia (12 May 1881 – 20 March 1956): became a French protectorate by treaty
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.
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.
Sigave and Alo on the islands of Futuna and Alofi signed a treaty establishing a French protectorate on 16 February 1888.
The German Empire used the word Schutzgebiet, literally protectorate, for all of its colonial possessions until they were lost during World War I, regardless of the actual level of government control. Cases involving indirect rule included:
Monaco under amical Protectorate of the Kingdom of Sardinia 20 November 1815 to 1860.
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, EmperorMenelik 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).
The Adriatic Republic of Ragusa (present-day Dubrovnik in Croatian Dalmatia) was a joint Habsburg Austrian–Ottoman Turkish protectorate from 20 August 1684 to 24 August 1798 (exceptionally both a Catholic and a Muslim protector).
Bosnia and Herzegovina were a joint Austrian and Hungarian protectorate since 1878 which formally still belonged to the Ottoman Empire until 1908 when it was annexed by Austria-Hungary (see Bosnian crisis). Since the 1995 Dayton Agreement, Bosnia and Herzegovina is again sometimes described as a de facto international protectorate.
^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) ISBN0-312-16000-3. Alice L. Conklin. A Mission to Civilize: The Republican Idea of Empire in France and West Africa 1895–1930. Stanford: Stanford University Press (1998), ISBN978-0-8047-2999-4. Patrick Manning. Francophone Sub-Saharan Africa, 1880–1995. Cambridge University Press (1998) ISBN0-521-64255-8. Jean Suret-Canale. Afrique Noire: l'Ere Coloniale (Editions Sociales, Paris, 1971); Eng. translation, French Colonialism in Tropical Africa, 1900 1945. (New York, 1971).
^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
^Gonschor, Lorenz Rudolf (August 2008). Law as a Tool of Oppression and Liberation: Institutional Histories and Perspectives on Political Independence in Hawaiʻi, Tahiti Nui/French Polynesia and Rapa Nui. Honolulu: University of Hawaii at Manoa. pp. 56–59. hdl:10125/20375.