PROTECTORATE. A protectorate is a state which has transferred the management of its more important international affairs to a stronger state. 1 Opp. 144; Salmond, Juris. 210. It implies only a partial loss of sovereignty, so that the protected state still retains a position in the family of nations. Moreover, the protected state remains so far independent of its protector that it is not obliged to be a party to a war carried on by the protector against a third state, nor are treaties concluded by the protector ipso fac to binding upon the protected state; 1 Opp. 145-146.
, Treaties of protection are treaties in the nature of unequal alliance, from which they are chiefly distinguished by a garrison being kept within the protected state; Twiss, Rights of Nations § 247. The rights of sover eignty must be exercised by the protected state de facto as well as de jure, else it will become a mere dependence of the governing power. See Halleck, Int. L. 69; 1 Kent,
Gould's ed. *23.
The character of a protectorate will de pend upon the nature of the treaty by which it is established. As exercised, however, by a European power over a smaller civilized state, it differs from the relation which links an Eastern protected state with a European country; a German protectorate inclines to the assumption of more full control than a British.
Formerly protected nations were said to retain their independence and internal sov ereignty,' placing their foreign relations un der a stronger country. It is believed that all the states represented at the Berlin Con ference in 1885, except Great Britain, main tained that a Protectorate includes the right of administering justice over the subjects of a protected state. See Hall, For. Jur. of the British Crown.