Page images
PDF
EPUB

China as the suzerain power of Tibet paid an indemnity' of 2,500,000 rupees and agreed that no Tibetan territory may be sold, leased, or mortgaged to any foreign power, nor any Tibetan affairs or Tibetan public works be subject to foreign management or interference without the consent of the British. The adhesion of China to this convention was secured on April 27, 1906. By convention of August 31, 1907, Great Britain and Russia agreed not to enter into negotiations with Tibet except through the Chinese Government, nor to send representatives to Lhasa. But this engagement does not affect the provisions of the British-Tibetan convention on September 7, 1904, ratified by China in 1906. Trade relations between India and Tibet were further regulated in April, 1908. For texts of agreements fixing the status of Tibet, see China Year Book, 1914, page 648, et seq. (London, Routledge & Sons).

For text of agreement between Great Britain and Russia, concerning Tibet, of August 31, 1907, see Millard, T. F., Our Eastern Question, page 462 (New York, The Century Co., 1916).

TUNIS.

1. INTERNATIONAL STATUS,

Protected dependent State.

Until 1881 Tunis was a vassal State of Turkey, enjoying a large measure of sovereignty. In 1881, following the occupation of the territory of Tunis by French troops in consequence of an insurrection along the Algerian border, a treaty was concluded under date of May 12 between France and the Bey of Tunis which permitted occupation by French troops of certain towns in Tunis in the interest of maintaining order and which established a virtual protectorate, France undertaking to protect the dynasty of the Bey of Tunis and to guarantee the execution of the treaties then in force between Tunis and foreign States. This occupation was protested against by Turkey as an invasion of its sovereignty, but without effect. In 1883, June 8, the convention of La Marsa was adopted by which Tunis became a formal protectorate of France.

[For the text of the two treaties see Albin, P., Les Grands Traités Politiques, pp. 291-293.]

2. EXTENT OF ACTONOMY,

The Government is carried on under the direction of the French Foreign Office under the control of a French minister resident general,

who is also minister of foreign affairs, and a ministry of nine heads of departments, seven of them being French and two Tunisian.

French tribunals administer justice between subjects of European powers and between them and natives. There are native courts for cases between natives. French administration in Tunis has been confirmed by conventions with all the European powers regulating the status and the conditions of trade of their respective citizens within the protectorate.

There is an army of occupation maintained at the cost of the Republic.

Tunis has special tariff rates for the products of France and Algeria, but no further discriminations between other foreign States.

C. BIBLIOGRAPHY.

(NOTE. For further bibliography relating to the British Empire, see Appendix 2, The British Empire, p. 91.)

ALBIN, P. Les grands traités politiques. 2d ed. Paris: Alcan. 1912. A collection, in French text, of the principal diplomatic texts since 1815, together with historical and other notes. BOGHITCHÉVITCH, M. Halbsouveränität. Administrative und politische Autonomie seit dem Pariser Vertrage. Berlin: Julius Springer. 1903. An excellent juristic and descriptive discussion. BORNHAK, C. Einseitige Abhängigkeitsverhältnisse unter den modernen Staaten. Leipzig: Duncker and Humblot. 1896. A juristic discussion of different types of dependencies.

BRITISH AND FOREIGN STATE PAPERS. 1814. A collection, in English, of important treaties and other documents of international interest since 1814.

COBBETT, PITT. Leading Cases on International Law. Vol. I (Peace). London: Stevens & Haynes. 3d ed. 1909. Contains much valuable information in the notes and comments.

DESCHAMPS, E. L'état neutre à titre permanent. Étude de droit international comparé. Paris: L. Larose. 1912. Good discussion of the subject, and contains excellent bibliography (pp. 1-8). DESPAGNET, F. Essai sur les protectorats. Étude de droit international. Paris: L. Larose. 1896. Discussion by an authority of repute.

ENGLEHARDT, E. Les protectorats anciens et modernes. Étude historique et juridique. Paris: A. Pedone. 1896.

GAIRAL, F. Le protectorat international. La protection-sauvegarde-Le protectorat de droit des gens. Le protectorat colonial. Paris: A. Pedone. A juristic and descriptive discussion.

HERBERTSON, A. J., and HOWARTH, O. J. R. (editors). The Oxford Survey of the British Empire. Oxford: Clarendon Press. 1914. A comprehensive account in six volumes of the British possessionsgeography, climate, races, economic and political conditions, etc. The sixth volume, entitled "General Survey," gives an especially valuable discussion of imperial conditions and present problems. HERTSLET, SIR EDW. Map of Europe by Treaty since 1814, in 4 vols. Contains texts of treaties and illustrative maps.

HOLLAND, T. E. The European Concert in the Eastern Question. Oxford: Clarendon Press. 1885. A collection of treaties and other public acts edited with introductions and notes and covering Greece, Samos, and Crete, Egypt, the Lebanon and the Balkan Peninsula in their relations to the Ottoman Porte and the Great Powers.

KEITH, A. B. Imperial Unity and the Dominions. Oxford: Clarendon Press. 1916. A comprehensive and authoritative discussion of the relations between Great Britain and her self-governing dominions, with especial reference to events since 1911. The work is substantially a continuation of the author's well-known three volume work entitled "Responsible Government in the Dominions." LUCAS, C. P. The British Empire. London: Macmillan & Co. 1915. Six lectures by an acknowledged authority, dealing with the historical development and present problems of the British Empire. MALLOY, W. M. Treaties, conventions, international acts, protocols, and agreements between the United States and other powers. 1776-1909. Washington: Government Printing Office. 1910. Volume III of this compilation to 1913, prepared by Garfield, Charles. Washington: Government Printing Office. 1913. MARTENS, G. F. Recueil de traités. 1791-1917. Comprehensive collection of international agreements, issued in a number of series under slightly differing titles.

MÉRIGNHAC, A.

с

Traité de droit public international. Paris: F.. Pichon et Durand Auzias. Vol. I, 1905; Vol. II, 1907. Volume II contains valuable descriptive and critical matter relating to States less than sovereign. MILOVANOVITCH, M. Les traités de garantie au XIX Siècle. Étude de droit international et d'histoire diplomatique. Paris: Arthur Rousseau. 1888. Includes a discussion of the following subjects: Juristic theory; Congress of Vienna and the Holy Alliance; Question of Poland; Swiss Neutrality; Belgian Neutrality; Formation of a United Germany; Neutrality of Luxemburg; Question of the Orient; Practical Value of Treaties of Guaranty.

OPPENHEIM, L. International Law. London: Longmans, Green & Co. 2d ed., Vol. I. 1912. Contains excellent discussion of States less than sovereign.

PHILLIMORE, SIR ROBERT. Commentaries upon International Law. London: Butterworth. 3d ed. 1879-1888. Contains much historical and descriptive matter relating to dependent States. PISCHEL, R. Der Begriff der Suzeränität und die herrschende Lehre von den Souveränität. Griefswold: Julius Abel. 1897. A critical study of 75 pages.

RIVIER, A. Principes du droit des gens. Paris: A. Rousseau. Vol. I. 1896. Contains a critical discussion of semisovereignty and the various forms of protectorates.

SIRMAGIEFF, H. G. De la situation des états mi-souverains au point de vue du droit international. Paris: Arthur Rousseau. 1889. Twiss, T. The Law of Nations Considered as Independent Political Communities. Oxford: Clarendon Press. 2d ed. 1884. Contains considerable historical and descriptive material relating to dependencies.

WICKER, C. R. Neutralization. London and New York: Henry Frowde (Oxford University Press). 1911. Critical discussion of different types of neutralization.

D. APPENDICES.

APPENDIX 1. ENGLISH PROTECTORATES.

The terms "protectorates or "colonial protectorates " find their widest use as descriptive of the status of various colonies or dependencies of the British Empire. Because of the importance of this type of dependency, the following discussion by an eminent English authority, H. C. P. Lucas, is here given. (Taken from the January, 1918, issue of History, Vol. II, p. 241.)

"I. In a speech of July 21, 1917, the prime minister said, ' Belgium must be a free people and not a protectorate,' implying what is actually the case, that a protectorate is a country and people whose freedom is restricted in one way or another and to one extent or another.

"II. In the British Empire the difference between a Crown colony and a protectorate is that the soil of a Crown colony is British soil and the inhabitants of a Crown colony are British subjects, whereas the soil of a protectorate is not British soil and its inhabitants are not British subjects. Thus the Straits Settlements are a Crown colony, the soil is British soil, and the inhabitants, white or colored, other than immigrant aliens, are British subjects. But in the adjoining protected Malay States the soil is not British soil and the permanent inhabitants are not British subjects, but the subjects of the Sultans of the respective States.

"III. The above is, strictly speaking, both the law and the fact of the case, but the protectorates in the British Empire differ very greatly in kind and in the actual degree of control which is exercised by the British Government. Thus in Borneo the State of North Borneo and the State of Sarawak are protectorates only in the sense of being under British protection, no more and no less. In other words, the British Government guarantees their security against foreign enemies and in turn controls their foreign relations, but it interferes in no way whatever with their internal administration, which is wholly in the hands of a chartered company in the one case, the British North Borneo Company, and of a private Englishman, Rajah Brooke, in the other. On the other hand, in the protected Malay States the administration is entirely controlled by the British residents, who are nominally the advisers of the Sultans, and the so-called East Africa protectorate is to all intents and purposes a Crown colony.

"IV. The term high commissioner has very generally been used with regard to protectorates to denote the highest authority on or near the spot. Thus while the Ionian Islands were under Great Britain, the British governor was called high commissioner, as the islands had not been annexed by Great Britain, but were placed under the protection of Great Britain. Similarly, before the war the governor of Cyprus was called high commissioner, the island not having been annexed, but only occupied and administered by Great Britain.

"V. British protectorates very commonly adjoin or are neighbouring to British colonies, and the governors of the colonies are commonly high commissioners of the neighbouring protectorates. Thus the governor of the Straits Settlements is high commissioner for the Malay protectorates: the governor general of the Union of South Africa is high commissioner for the South African protectorates; the governor of Fiji is high commissioner for the protectorates of the western Pacific.

"VI. On the west coast of Africa, owing to the fact of the slave trade, which made the original European possessions on the coast of the nature of forts and factories, the British possessions till quite modern times were far more protectorate than colony (Hist. Geog. of the British Colonies, Vol. III, West Africa, pp. 312-313); and at the present day, though much annexation has taken place, there is a very great deal of protectorate, as, e. g., at the Gambia (p. 269); and in some cases the legislature of the colony is empowered to legislate for the protectorate, and the protectorate and colony are more or less administered together (pp. 275-276).

"VII. The scramble for Africa, from about 1884-1891 more especially, brought into prominence a very rudimentary form of protec

« PreviousContinue »