OUTLINE OF CHAPTER VI LEGAL PERSONS HAVING QUALIFIED STATUS 23. MEMBERS OF CONFEDERATIONS AND OTHER UNIONS. (a) States as members of confederations. (b) States as members of unions. 24. NEUTRALIZED STATES: Sovereign only in a qualified degree. 25. PROTECTORATES AND SUZERAINTIES; MANDATES. (a) Protectorates usually possess all powers not specifically re signed. (b) Suzerainties possess only the competence specifically granted. (c) Mandates. 26. CORPORATIONS. (a) Corporations organized for private purposes. (b) Corporations exercising political powers. 27. INDIVIDUALS. 28. INSURGENTS. (a) Definition. (b) Effect of admission of insurgency. (c) Practice of the United States. 29. BELLIGERENTS. (a) Definition. (b) Conditions prior to recognition. (c) Grounds of recognition. (d) Recognition of belligerency, an act of the executive authority. (e) Consequences of recognition of belligerency. (1) Recognition by a foreign state. (2) Recognition by the parent state. (3) General effect of recognition. (f) Admission of insurgency or recognition of belligerency gives certain war status. 30. COMMUNITIES NOT FULLY CIVILIZED. CHAPTER VI LEGAL PERSONS HAVING QUALIFIED STATUS 23. Members of Confederations and Other Unions A STATE in the sense of public law is not necessarily a state in the full sense of international law if there are any limitations upon its power to enter into relations with other states. Such a state may be a member of a confederation and exercise certain powers giving States as members of confederations. it a qualified international status. These loose unions may, as in the German Confederation from 1815 to 1866, leave to the local states a degree of autonomy in regulating international affairs while granting to the central government certain specified powers. This division of international competence is usually a temporary compromise ending in new states or in a close union. 1 In the examples of personal and real unions and the like, the nature of the state is a matter of public law and little concerns international law. As related to international law, the question is how far are such states restricted in their dealings 1 The Secretary of State of the United States, replying to the Japanese Minister in 1905 on the dissolution of the United Kingdom of Sweden and Norway, said: "This Government has been notified by the Government of Norway that the functions of the diplomatic representatives of Sweden and Norway have ceased, ipso facto, so far as Norway is concerned, and that representatives of Norway will be appointed. It is understood that the Swedish Government regards its diplomatic agents as the representatives of the sovereign, and that with the termination of the King's sovereignty over Norway his ministers cease to represent Norway; but that their representation of Sweden is unaffected thereby and that no new credentials are needed. It is presumed that each country holds the same position with regard to its consular representatives." U. S. Foreign Relations, 1905, p. 868. States as members of unions. with other states. Before the 20th century, a union, such as that existing in the case of the ruler of the United Kingdom of Great Britain and Ireland and Empire of India, was of importance to international law only in its united capacity, while for public law the nature of the union was of much significance. The same may be said of the union of Austria-Hungary from 1867 till 1918, and of the union of Sweden-Norway from 1814 until 1905. In recent years, parts of the British Empire have had autonomy in certain international matters and have voted in their own right in certain conferences. By Article I of the Agreement of December 6, 1921, "Ireland shall have the same constitutional status in the community of nations known as the British Empire as the Dominion of Canada," etc. 24. Neutralized States Neutralized states are sovereign only in a qualified degree. While such states have a certain formal equality, their actual competence is limited in regard to the exercise of sovereign powers. This limitation as to neutrality may be externally imposed or externally enforced, as in the case of Belgium, 18391919, Switzerland from 1815, Luxemburg, 1842-1919, Kongo, 1885-1908, and, till 1900, Samoa. This neutralization may take place for political or philanthropic reasons. The degree of external sovereignty possessed by neutralized states varied. The fact that these states were not fully sovereign in the field of international law in no way affected their competence except in respect to matters covered by the conditions of neutralization. Such states were deprived of the right of offensive warfare, and had not therefore that final recourse possessed by fully sovereign states for enforcing their demands. The tendency in recent years has been away from the status of neutralization. 25. Protectorates, Suzerainties, Mandates Protectorates usually possess all powers not specifically resigned. (a) States under protectors - protectorates - usually possess all powers not specifically resigned. States fully sovereign may demand (1) that states under protectors afford reasonable protection to the subjects and to the property of subjects of fully sovereign states, and (2) that the protecting state use reasonable measures to give effect to the protection which it has assumed. Just how much responsibility the protecting state has depends upon the degree of protection exercised and assumed. The protectorate of Great Britain over the South African Republic by the agreement of 1884, terminated in 1902 by war and absorption, was of a very moderate form. The right to veto within a certain time any treaty made with a foreign state, other than the Orange Free State and native princes, constituted practically the only restriction on the independence of the Republic. Great Britain declared a protectorate over Egypt in 1914, but recognized Egypt as a state in 1922. In many instances protectorates easily pass into colonies, as in the case of Madagascar, which Great Britain recognized as under French protection in 1890, which protection the queen of Madagascar accepted in October, 1895, and in August, 1896, Madagascar was declared a French colony. In the Convention between the United States and the Republic of Panama, November 18, 1903, Article I, "The United States guarantees and will maintain the independence of the Republic of Panama.” A relationship partaking somewhat of the nature of a protectorate was entered into by Germany, France, Great Britain, Norway, and Russia in 1907, by which Norway "undertakes not to cede any portion of her territory to any power," and the other states undertake "to respect the integrity of Norway" and in case of demand from Norway to afford " their support, by such means as may be deemed the most appropriate, with a view to safeguarding the integrity of Norway." 1 Suzerainties possess only (b) As distinct from a state under a protectorate which possesses all competence in international affairs which it has not specifically resigned, a state under suzerainty possesses only such competence as has been specifically conferred upon it by the suzerain. The relations are usually much closer than between protecting and protected states; and in many cases only the suzerain has international status, while the vassal is merely tributary, though having a certain degree of internal independence which may be in some instances almost complete. By the first article of the the competence Treaty of Berlin, Bulgaria was made a tributary specifically granted. and autonomous principality under the suzerainty of the Sultan of Turkey. Under Russian suzerainty were such vassal states as Bokhara and Khiva. Some of the states under the suzerainty of European states had no status in international law, as in the case of Bokhara and Khiva. Such anomalous cases as the co-suzerainty of the republic of Andorra, the collective suzerainty of the Samoan Islands till 1900, and the absolute suzerainty of the United States over the "domestic dependent nations" of Indians show variations in relations of dependent entities. Mandates. (c) Mandates established in accordance with Article 22 of the League of Nations Covenant are colonies and territories which as a consequence of the World War passed from the sovereignty of certain states and became a trust of civilization." Over these tutelage was to be exercised by certain states as mandatories on behalf of the League. The mandatory is to make an annual report to the League Council "in reference to the territory committed to its charge." A commission is constituted "to receive and examine the annual reports." 12 A. J. I. L. Doc., p. 267. |