dent of the Porte. This independence was recognised and confirmed by the Powers in the Treaty of Berlin, and Roumania is now no longer a semi-sovereign, but has become an independent State (2), and was declared a monarchy in 1881.

The history of Serbia has been very similar. After various Serbia and abortive efforts she at length attained to complete independence, Montenegro. which the Powers confirmed at the same time as that of Roumania (a), and in 1882 the prince assumed the title of king. The Treaty of Berlin also declared Montenegro to be an independent State (b).

A new semi-sovereign State was created by this Treaty, to Bulgaria. which the name of Bulgaria was given. It was given a local government and a national militia, but was made tributary to the Sultan. The prince was to be elected by the people, but confirmed by the Porte with the assent of the Powers. The Sultan was not permitted to keep his army in the province (c). It is to be noted that in 1885 Bulgaria went to war with Serbia without consulting either Turkey or the Powers. The independence it had enjoyed was de facto, if not strictly de jure. However, in 1908 it declared its complete independence.

The Principality of Monaco, which had been under the pro- Monaco. tectorate of France from 1641 until the French Revolution, was replaced under the same protection by the Treaty of Paris, 1814 (Article 3), for which was substituted that of Sardinia by the Treaty of Paris, 1815 (Article 1) (d). In 1861, the Prince of Monaco sold a portion of his territory to France, and the principality now consists of little more than the town of Monaco itself (e). It is now unprotected, and is a fully sovereign State. The republic of Polizza in Dalmatia, which was under the Polizza. protectorate of Austria (f), is now absorbed into the AustroHungarian Empire.

The small republic of San Marino (thirty-eight square miles) is a protected' sovereign State, which was formerly under the protection of the Holy See, but which is now under that of Italy (9). The mere fact of its being placed under the "exclusive protective friendship" of Italy does not make it a Protectorate, and does not in law impair its sovereignty.

Republics of
San Marino

and Andorra.

The Papacy.

Andorra is a small independent republic (175 square miles) situate on the Pyrenecan frontier, between France and Spain (h), and is under the joint suzerainty of France and the Spanish Bishop of Urgel. It can scarcely be described as a State.

Until 1870 the Pope exercised the rights of temporal sovereignty, in addition to his supreme spiritual authority over the Roman Catholic Church; and as a temporal sovereign he was a member of the international community. In 1870, however, Rome was occupied by an Italian army, and was made the capital of the Kingdom of Italy. The Papal States disappeared and the temporal power of the Papacy came to an end. In 1871 the Italian Parliament enacted a statute, called the Law of Guarantees, which regulated the international status of the Pontiff. It ensures his inviolability, and secures his enjoyment of certain rights, privileges and immunities that attach ordinarily to the persons of political sovereigns. Certain States send diplomatic envoys to him, and receive representatives from him. Though these representatives are accorded many of the privileges of ambassadors, they are considered to be ecclesiastical and not international officials. He is empowered to make treaties, named concordats, with other States in reference to ecclesiastical affairs; but they are not treaties in the sense contemplated by international law. Possessing neither territory nor temporal subjects (even his houses are not his own and his attendants owe no allegiance to him as to a sovereign), he cannot enjoy international rights or be subject to international obligations. Thus, having no international personality, he is an object rather than a subject of the law of nations. Whatever rights the Italian statute has guaranteed him, it cannot invest him with international personality. However, it is impossible to consider him as an ordinary person in reference to international law, inasmuch as a large number of States have tacitly consented to regard the Pontiff as being endowed with many of the privileges of sovereignty. His status is, therefore, somewhat anomalous. As important evidence of the fact that the Holy See is not a member of the community of States, we may mention that its occupant was not invited to either of the Hague Peace Conferences of 1899 and 1907 (i).

(h) Hertslet, Map of Europe, vol. ii. p. 1510. State Papers, vol. xxx. p. 1217. An interesting historical account of San Marino and Andorra will be found in Calvo, ii. § 72.

() On the status of the Papacy, see E. Nys, Droit international, vol. ii. pp. 297-323; F. Despagnet, Droit international public, §§ 147-164; H. Bonfils, Droit international, §§ 370396 (and the references there given).

Germanic

The former Germanic Empire was composed of a great number The former of States, which, although enjoying what was called territorial Empire. superiority, (Landeshoheit,') could not be considered as completely sovereign, on account of their subjection to the legislative and judicial power of the emperor and the empire. These were all absorbed in the sovereignty of the States composing the late Germanic Confederation, with the exception of the Lordship of Kniphausen, on the North Sea, which retained its former feudal relation to the Grand Duchy of Oldenburg, and might, therefore, have been considered as a semi-sovereign State (k).

Egypt had been held by the Ottoman Porte, during the domi- Egypt. nion of the Mamelukes, rather as a vassal State than as a subject province. The attempts of Mehemet Ali, after the destruction of the Mamelukes, to convert his title as a prince-vassal into absolute independence of the Sultan, and even to extend his sway over other adjoining provinces of the empire (1831), produced the convention concluded at London the 15th July, 1840, between four of the great European Powers, Austria, Great Britain, Prussia, and Russia,--to which the Ottoman Porte acceded by the firman of 1841. In consequence of the measures subsequently taken by the contracting parties for the execution of this treaty, the hereditary Pashalic of Egypt was finally vested by the Porte in Mehemet Ali, and his lineal descendants, on the payment of an annual tribute to the Sultan, as his suzerain. All the treaties and all the laws of the Ottoman Empire were to be applicable to Egypt, in the same manner as to other parts of the empire. But the Sultan consented that, on condition of the regular payment of this tribute, the Pasha should collect, in the name and as the delegate of the Sultan, the taxes and imposts legally established, it being, moreover, understood that the Pasha should defray all the expenses of the civil and military administration; and that the military and naval force maintained by him should always be considered as maintained for the service of the State (1).

Before the

The international position of Egypt prior to the British occu- Status of pation was discussed by Sir R. Phillimore in the Admiralty Egypt. Court (1873). After examining all the firmans of the Porte, British and the other authorities on the subject, his lordship said that occupation. "the result of the historical inquiry as to the status of His Highness the Khedive is as follows: That in the firmans, whose

(k) Heffter, Das Europäische Völkerrecht, § 19.

(2) Wheaton, Hist. Law of Nations, pp. 572-583.

After the British occupation.

authority upon this point appears to be paramount, Egypt is invariably spoken of as one of the provinces of the Ottoman Empire; that the Egyptian army is regulated as part of the military force of the Ottoman Empire; that the taxes are imposed and levied in the name of the Porte; that the treaties of the Porte are binding upon Egypt, and that she has no separate jus legationis; that the flag for both the army and the navy is the flag of the Porto. All these facts, according to the unanimous opinion of accredited writers, are inconsistent and incompatible with those conditions of sovereignty which are necessary to entitle a country to be ranked as one among the great community of States" (m). After the judgment in this case was delivered, the Khedive obtained from the Sultan a new firman, granting him some powers of sovereignty he did not before possess, (e.g., to make non-political treaties and to maintain armed forces,) the absence of which was commented on by Sir R. Phillimore (n). A contingent of Egyptian troops was sent to serve with the Turkish Army in the Russian war of 1877.

In 1879 the then Khedive (Ismail) was deposed by an Imperial Iradé, and his son, Tewfik, was appointed in his room. Under the new Khedive the Dual Control of Great Britain and France, exercised through resident controllers, entitled to sit at the council of ministers, was revived. In 1881 disturbances and disorder, consequent upon a nationalist ferment, aided by military revolt, compelled Great Britain, after an offer of co-operation to France had been declined, and Turkey hesitating, to intervene, with armed forces, for the restoration of order and in support of Tewfik. By October the country was in possession of the British army of occupation, the rebel soldiers having been defeated at Tel-elKebir,--and was under the de facto control of the Queen's Government. By a decree of the 18th January, 1883, the Dual Control was abolished. In 1884, Great Britain proposed that the country should be neutralized (0).

In August, 1885, Sir Henry Drummond Wolff was sent to Constantinople on a special mission having reference to the affairs of Egypt. It was the wish of Her Majesty's Government to recognise in its full significance the position which was secured to the Sultan as sovereign of Egypt by treaties and other instruments having a force under international law. But the general

(m) The Charkich (1873), L. R. 4 A. & E. 84.

(n) Phillimore, vol. iii., Introduction. Journal des Débats, 7th July,

1873.

(0) Holland, European Concert, chap. iv.

Turkish

object of the mission was, in the first instance, to secure for this country the amount of influence which was necessary for its own imperial interests, and, subject to that condition, to provide a strong and efficient Egyptian government, as free as possible from foreign interference. Especial attention was drawn to the unsatisfactory position of Egyptian finance, upon which the facilities for foreign interference, furnished by the international obligations attaching to so many branches of Egyptian administration, depended (p). As a first result of this mission, by a convention, Anglowhich was signed at Constantinople on the 24th October, 1885, Convention, and ratified on the 24th November in the same year, it was agreed, Oct. 1885. between Her Majesty and the Sultan, (1) that each of them respectively should send a High Commissioner to Egypt; (2) that the Ottoman High Commissioner should consult with the Khedive, or with a functionary designated by His Highness, upon the best means for tranquillizing the Soudan by pacific measures, the two to keep the English High Commissioner currently informed of the negotiations, and as the measures to be decided upon would form part of the general settlement of Egyptian affairs, such measures were to be adopted and placed in execution in agreement with the English High Commissioner; (3) that the two High Commissioners should re-organize, in concert with the Khedive, the Egyptian army; (4) and, in the same way, examine all branches of the Egyptian administration, and introduce the modifications they might consider necessary within the limits of the firmans; (5) that the international engagements contracted by the Khedive should be approved by the Ottoman Government in so far as they should not be contrary to the privileges granted by the firmans; (6) that so soon as the two High Commissioners should have established that the security of the frontiers and the good working and stability of the Egyptian government were assured, they should present a report to their respective Governments, who would then consult as to the conclusion of a convention regulating the withdrawal of the British troops from Egypt in a convenient period (q).

It has been observed that by this convention the legitimate sovereignty of the Sultan was recognised by Great Britain, and the de facto occupation by England was acknowledged and legalized by the recognition of the Imperial Ottoman Government;

(p) Lord Salisbury's Instructions to Sir H. D. Wolff. Parl. Paper, Egypt, No. 1 (1886). As to the latter point, see Holland, loc. cit.

(q) Parl. Papers, Egypt, No. 1 (1886). Hertslet, Map of Europe by Treaty, vol. iii. p. 3274.