Public International Law

STATES
And how we call them
Public International Law. 120611. kmebreo
Protectorates Suzerainty Mandated Trust
Protectorates
Emerich de Vattel
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 Definition
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Protectorates
W.E. Hall
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
Definition
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Protectorates
UNESCO Paris
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. Definition
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Protectorates
Treaty of Friendship : Bhutan and India
Protector: India Protected: Bhutan
Bhutan agreed to follow the guidance given by India in so far as external relations are concerned.
Examples
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Protectorates
September 17, 1888 agreement
Protector: Great Britain Protected: Brunei
By the terms of Agreement, Great Britain was not allowed to interfere with the internal affairs of Brunei.
Examples
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Protectorates
Protectorate Treaty of 1912
Protector: France Protected: Morocco
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.
Examples
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Suzerain
Lassa Oppenheim
Suzerainty is a term which was originally
used for the relation between the feudal lord and his vassal; the lord was said to be the suzerain of the vassal, and at that time, suzerainty was a term of constitutional law only. Definition
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Suzerain
Lassa Oppenheim
Suzerainty is a kind of international
guardianship, since the vassal state is either absolutely or mainly represented internationally by the Suzerain state.
Definition
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Suzerain
Lassa Oppenheim
The vassal state 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.
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Suzerainty
Treaty of Paris of 1856
Suzerain: Porte Vassal: Wallachia and Moldavia
The Principalities of Wallachia and Moldavia shall continue to enjoy under the suzerainty of the Porte and under the Guarantee of the Contracting Powers, the Privileges and Immunities of which they are in possession. No exclusive possession shall be exercised over them by any of the guaranteeing Powers. There shall be no separate right of Interference in their Internal Affairs.
Examples
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Suzerainty
Peace of Paris (1856)
Suzerain: Porte Vassal: Wallachia and Moldavia
The Principality of Servia shall continue to hold of the Sublime Porte, in conformity with the Imperial Hats which fix and determine its rights and immunities, placed hence forward under the Collective Guarantee of the Contracting Powers.
Examples
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Mandated
Sec. 32 (1) British Nationality Act (BNA) of 1948
mandated territory is a territory administered
by the government of any part of His Majesty's dominions in accordance with a mandate from the League of Nations
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Mandated
Art. 22 Par. 1 Covenant of the League of Nations
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, 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. Definition
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Mandated
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, their experience or their geographical position can best undertake this responsibility, and
who are willing to accept it, and that this tutelage

should be exercised by them as Mandatories on behalf of the League. Definition
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Mandated
The character of the mandate must differ according to the stage of the development of the people, the geographical situation of the territory, its economic conditions and other similar circumstances.
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Mandated
Art. 22 Covenant of the League of Nations
1. Certain Communities belonging to the Turkish Empire. The wishes of these communities must be a principal consideration in the selection of the Mandatory.
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Mandated
2. Other peoples, especially those of Central Africa - conditions which will guarantee freedom of conscience and religion, subject only to the maintenance of public order and morals, the prohibition of abuses such as the slave trade, 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, and will also secure equal opportunities for the trade and commerce of other Members of the League Examples
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Belgian Mandates in Africa
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Mandated
3. South-West Africa and certain of the South Pacific Islands - can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population
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Trust
Sec. 32 (1) British Nationality Act (BNA) of 1948
trust territory is a territory administered by
the government of any part of His Majesty's dominions under the trusteeship system of the United Nations
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Trust
Article 75. UN Charter CHAPTER XII: INTERNATIONAL TRUSTEESHIP SYSTEM
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.

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Trust
The basic objectives of the trusteeship system 1. to further international peace and security 2. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories
Objectives of the System
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Trust
The basic objectives of the trusteeship system 3. to encourage respect for human rights and for fundamental freedoms for all 4. to ensure equal treatment in social, economic, and commercial matters for all Members of the United
Nations and their nationals

Objectives of the System
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Trust
Trust Territory of Western Samoa (New Zealand)
Trust Territory of Nauru (Australia (in effective administrative control), New Zealand and United Kingdom) Trust Territory of the Pacific Islands (United States)
Trust Territory of Ruanda-Urundi (Belgium, effectively linked to the Belgian Congo)
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Trust Territory of the Pacific Islands
References
British Nationality Act of 1948.
Dickinson, E.D. (1972). The Equality of States in International Law. Arno Press:New York.
Grewe, W. (2000). The Epochs of International Law. Walter de Gruyter GmBH & co.: Berlin. Hambro, E. (1977). The Case Law of the International Court. Sijthoff International Publishing: Netherlands. Oppenheim, L. (1920). International Law: A Treatise. Vol. 1 Peace. Longmans, Green and Co.: London. UNESCO Paris. (1991). International Law: Achievements and Prospects. Matinus Nijhoff Publishers: Netherlands. United Nations Charter.
Public International Law Class
Judge Charito Sawali

Professor
Karmela Mirriam Ebreo

120611

Public International Law

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STATES

And how we call them

Public International Law. 120611. kmebreo

Protectorates Suzerainty Mandated Trust

Art. 22 Par. 2 Covenant of the League of Nations

principle is that the tutelage of such peoples should be

entrusted to advanced nations who by reason of their

who are willing to accept it, and that this tutelage

Belgian Mandates in Africa

referred to as trust territories.

Objectives of the System

Nations and their nationals

Trust Territory of the Pacific Islands

Public International Law Class

Judge Charito Sawali

Karmela Mirriam Ebreo

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