English Translation

The protected state retains its name and the quality of the state as well as the associated dignity. Tunis, for example, is called "Régence de Tunésie", its sovereign retains the title Bey. Protegierter Staat zn as well as in general retain the diplomatic-protokollar rank, which the previous exercise has assigned to them, as well coat of arms and flags (unless otherwise specified by the Treaty of the Protectorate). The immunity rights also remain. Kine of the most important con- sequences of the legal status lies in the field of martial law, The protected state still possesses its own jus ad bellum, a right to war as a personal right. As long as the protector state does not declare war for and in the name of the protected state as well, this is not automatically involved by a war of the former itself. Dementsprechend is also a possible war of the protected state against the protector state not civil war and revolution / but real war. He will usually be a breach of the contractual relationship, but therefore does not listen to war in the sense of international law. The involved questions of the rights of war leaders would therefore not arise. This, for example, is one of the legal consequences of the position of a protected state within the meaning of international law protectorate concept. However, we underline that international law does not know a single regulation of the protection relationships. Therefore, the concern of the international legal protectorate is a scientific category. If a legal answer to a dispute from a concrete protectorate relationship is sought, one must therefore not conclude from the "being of the protectorate", but must always go back first to the concrete contractual foundations which justify the protectionate relationship in question, and only in the second place to the common peoples right. This view was also expressed by the Permanent Internetional Court in its legal opinion of 7 February 1923 (in the British-French dispute over the nationality regulations in Tunis and Morocco). It says: "Despite the common features that the protectorates show in international law, they possess legally individual characteristics, depending on the particular conditions of their origin and the degree of their development." Therefore, it is also impossible in the case of