right to make conventions with foreign powers. The Emperor, however, for most matters, represents the German Empire.

PROTECTED STATES.

15. When a state resigns the control of a part of its sovereign functions to another state, or to other states, it is under a protectorate. The degree of authority exercised by the protecting state varies greatly in different cases.

The existence of a state is not destroyed by coming under a protecting state, though it is often a step toward annexation by the protecting state.

The tiny republic of Andorra, about twenty by thirty miles in area, in the Pyrenees, has for more than six hundred years been under a joint Franco-Spanish protectorate. The republic of San Marino, about thirty-two square miles in area, is another survival from early times, and is now under the protection of Italy. The Principality of Monaco was also for many years under the protection of Spain, France, or Italy; but since 1861 this protection has not been exercised. The Ionian Islands were under British protection from 1815 to 1863.

Outside of Europe, particularly in Africa, protectorates of the most diverse character have been established or claimed. Many of these have already become parts of the protecting state and have lost their international status. By the agreement of 1884 Great Britain assumed a protectorate over the South African Republic as regard most foreign affairs. This was terminated by war and absorption in 1902, when the former republic became a part of the British Empire. France claimed a protectorate over Madagascar by the treaty of 1885. The United States and Great Britain acknowledged the existence of the protectorate in 1890, and Madagascar with the

17 Article XXXVIII of the Convention between Italy and San Marino of March 27, 1862, states that "the Republic of San Marino, having every reason to trust that it will never be deprived of His Majesty the King of Italy's protecting friendship for the preservation of its very ancient liberty and independence, declares that it will not accept the protection of any other power whatever."

islands dependent was declared a French colony in 1896. A treaty of 1889 between Abyssinia and Italy was interpreted by Italy as establishing a protectorate over Abyssinia; but Abyssinia denied this. In 1895 an armed struggle broke out, and as a result Italy recognized, in the treaty of October 26, 1896, "the independence, absolute and without reserve, of the Empire of Ethiopia."

In certain instances colonies, protectorates, or other possessions are granted in international negotiations a large measure of equality with full states. The Berlin International Wireless Telegraph Convention of 1906 provides for the representation and adhesion of "Colonies, Possessions, or Protectorates." 18

18 The Final Protocol of the Berlin International Wireless Telegraph Convention of November 3, 1906, provides:

"I.

"The high contracting parties agree that at the next conference the number of votes which each country shall have (article 12 of the convention) shall be determined at the outset of the deliberations, so that the colonies, possessions, or protectorates admitted to the enjoyment of votes may be able to exercise their right of voting throughout all the proceedings of the conference.

"The decision arrived at shall have immediate effect, and shall remain in force until it is varied by a later conference.

"So far as the next conference is concerned, proposals for admission of new votes in favor of colonies, possessions, or protectorates which may have adhered to the convention shall be addressed to the International Bureau six months at least before the date of meeting of that conference. These proposals shall immediately be notified to the other contracting governments, which may, within a period of two months from the receipt of the notification, put forward similar proposals."

"V.

"The adhesion to the convention of the government of a country having colonies, possessions, or protectorates does not imply the adhesion of its colonies, possessions, or protectorates, in the absence of a declaration to that effect on the part of such government. A separate adhesion or a separate denunciation may be made in respect of the whole of such colonies, possessions, or protectorates, taken together, or in respect of each of them separately, under the conditions laid down in articles 16 and 22 of the convention.

"It is understood that stations on board ships having their port of registry in a colony, possession, or protectorate may be deemed to be subject to the authority of such colony, possession, or protectorate."

The status of a political unity under a protecting state may be that of almost complete independence, or of such dependence as to deprive it of any standing as a person in international law, even though the protected state may have control of its internal affairs.19

A political unity which has only the powers granted to it by the state of which it is a part, and is in general involved in the consequences of any action which the superior may take, is usually regarded as under a suzerain, and as having no international status.

The degrees of international relationship vary so much, however, that it is not always possible to agree whether a given instance is of the nature of a protectorate or of a suzerainty, and sometimes characteristics of both may clearly appear. Egypt, by firman of June 8, 1873, may make commercial

19 By an agreement between France, Great Britain, Italy, and Russia in 1898, Crete was made an autonomous state under a High Commissioner of the Powers, not paying tribute, but under the suzerainty of the Sultan. The foreign relations were to be controlled by representatives of the four powers.

Japan assumed control over foreign relations of Corea by agreement of November 17, 1905, in which Corea covenants "not to conclude hereafter any act or engagement having an international character except through the medium of the government of Japan."

By the treaty between the United States and Cuba, signed May 22, 1903, the relations of these two states are shown:

"Article I. The government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island.

"Article II. The government of Cuba shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinking-fund provision for the ultimate discharge of which, the ordinary revenues of the Island of Cuba, after defraying the current expenses of the government, shall be inadequate.

"Article III. The government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba."

treaties and maintain an army, but pays tribute to the Sultan of Turkey. In 1878 a dual control over Egyptian finances was assumed by Great Britain and France. In 1881, owing to unsettled conditions and the stress upon France elsewhere, Great Britain entered upon a "temporary occupation" of Egypt, which, continuing since that time, has given to Egypt a large degree of British administration. Even under these conditions Great Britain made a convention with Egypt, January 19, 1899, by which Anglo-Egyptian Soudan is to be administered by a Governor-General, appointed by Egypt with the assent of Great Britain, and in the territory under this condominium the British and Egyptian flags are to be used together. By the Anglo-French declaration of April 8, 1904, respecting Egypt and Morrocco, "the government of the French Republic for their part declare (as regards Egypt) that they will not obstruct the action of Great Britain in that country by asking that a limit of time be fixed for the British occupation or in any other way." Thus a political unity, from earliest times subject to many vicissitudes, while under a suzerain, is "temporarily occupied" by a foreign state, which, while "occupying," concludes a convention with it in regard to the government of outside territory, and also makes an agreement with another foreign state as to freedom from restriction as to "occupancy" and in other matters.

One of the most attenuated relations somewhat analogous to a protectorate is that established by a treaty of Germany, Great Britain, France, Norway, and Russia of November 2, 1907, by which Norway undertakes "not to cede any portion of the territory of Norway to any power to hold on a title founded either on occupation or on any other ground whatsoever." The other powers "recognize and undertake to respect the integrity of Norway."

"If the integrity of Norway is threatened or impaired by any power whatsoever, the German, French, British, and Russian governments undertake, on the receipt of a previous communication to this effect from the Norwegian government, to afford to that government their support, by such means as may be deemed the most appropriate, with a view to safeguarding the integrity of Norway."

Much has been written upon the nature of the relationship in cases of protectorate or suzerainty, which particularly shows how diverse are the conditions and how impossible in definition is precision sufficient to cover all cases.

In practice it is recognized, also, that certain political unities not possessing sovereignty and certain other bodies have a limited status as persons in international law.

BELLIGERENTS.

16. When states engage in armed conflict, those thus engaged are called "belligerents." The laws of war and neutrality come into operation.

These laws may also become operative when a community by force of arms attempts to free itself from the jurisdiction of the parent state, or when a state within the family of nations engages in war against a community outside the family. Both belligerents, so far as belligerency is recognized, have a like status as regards international law relating to the conduct of hostilities.

The recognition of the belligerency of independent states does not affect the existence of the states, or create new unities having international status.

The recognition of the belligerency of a community in revolt against the parent state gives, so far as the recognizing state is concerned, to the revolting community the same international status as regards the conduct of the war as is possessed by the parent state, and to that extent recognizes a new international unity. Similarly the recognition of the existence of belligerency between a state and a community outside the family of nations makes the community an international person as regards the conduct of war. As was said in the case of The Three Friends in 1897, "agreeably to the principles of international law and the reason of the thing, the recognition of belligerency, while not conferring all the rights of an independent state, concedes to the government recognized the rights, and imposes upon it the obligations, of an independent state in matters relating to the war being waged.” 20

20 166 U. S. 1, 17 Sup. Ct. 495, 41 L. Ed. 897.