P ROTECTORATES AND S PHERES OF I NFLUENCE

Raymond A. Esthus

The word "protectorate" usually describes the relation between a protecting state and a protected state, though it sometimes may describe the country under protection. In a protectorate relationship, the protecting state normally assumes control of the foreign relations of the protected state in addition to providing for its defense. Often the protecting state has some control over the internal affairs of the protected state. As to the status of a protecting state in international law, the Permanent Court of International Justice in 1923 rendered an advisory opinion stating that the extent of the powers of a protecting state depended upon the treaties between it and the protected state that established the protectorate, and upon the conditions under which the protectorate was recognized by third powers whose interests were affected by the protectorate treaty. The court went on to observe that despite common features possessed by protectorates under international law, they had individual legal characteristics resulting from the special conditions under which they were created. United States protectorates, as traditionally defined, have been limited to the Caribbean area, except for a brief protectorate over Hawaii in 1893.

The term "sphere of influence" signifies a claim by a state to some degree of control or preferential status in a foreign territory or in some region of the world. It may refer to a military, political, or economic claim to exclusive control or influence that other nations may or may not recognize. As in the case of protectorates, the legal status of a sphere depends upon the treaties establishing it and the extent to which other affected nations recognize it. American policy regarding spheres of influence has not adhered to a definite pattern. On many of the treaties creating spheres, the United States has not had occasion or necessity to take a stand. In cases where a position has been taken, policy has varied greatly. Generally, advocacy of an Open Door policy for trade and investment has placed the United States in opposition to spheres of influence, but on occasion it has not only acquiesced but actually looked with favor upon spheres.

See also C ONSORTIA ; D OLLAR D IPLOMACY ; E XTRATERRITORIALITY ; I MPERIALISM ; I NTERVENTION AND N ONINTERVENTION ; M ANDATES AND T RUSTEESHIPS ; O PEN D OOR P OLICY .