STÁTNÍ TAJEMNÍK U ŘÍŠSKÉHO PROTEKTORA V ČECHÁCH A NA MORAVĚ, PRAHA, inv. 1939, sig. 109-6/31 Page 5 · 5 of 45
STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 1939, sig. 109-6/31
English Translation
4 a relationship of protection between subjects of international law or, in short, between states. The basis of a genuine and typical international protectorate is a contractual agreement, a will of the two entities. According to this, one state commits itself to taking the other in its permanent protection, for which the former grants it more or less far-reaching permanent rights. The effects of such an agreement must be kept strictly apart, depending on the one sought in legal or political relation. Political effect of the establishment of a protectorate relationship is usually the complete or almost complete task of the previously established independence and freedom of action of the state, which enters into protection; its expression is the handing over of the leadership of foreign affairs into the hands of the protectorate as well as the mostly associated submission to its militancy. Legally, the situation is fundamentally different: the legal relationship between the protectorate and the external agents, the relations with third countries, even if they are taken up by the protector state, remain matters of the protector. If the Treaty still so largely confers on the Protector State the benefit and the disposition of the rights conferred on the Broetegierten State, they are legally attributed to the protected State. Even after the conclusion of the Treaty of the Protectorate, it remains as a legal subject of international law and remains an independent state-personality, however, that has gone to the most comprehensive extent of the power of power over its own affairs. Thus, it has its own territory, its own relations. Her position as the legal personality of international law remains fundamentally unaffected. She can be compared mutatis mutandis with that of a disembarked person in civil law. For example, a dismissed large industrialist remains the right owner of all his vast possessions, even though he may be completely excluded from the provision and enjoyment of his assets and may be excluded for life. Therefore, the protected state remains a number of rights, of which we only agree