Law-Making in the Age of New Imperialism (1870–1914) the Dubious Question of How the Protectorate Treaty As a Political Instrument Became International Law
BRGÖ 2013 Beiträge zur Rechtsgeschichte Österreichs W. A. M. (MIEKE) VAN DER LINDEN, Tilburg Law-Making in the Age of New Imperialism (1870–1914) The Dubious Question of How the Protectorate Treaty as a Political Instrument Became International Law In the Age of New Imperialism (1870–1914), the African continent was partitioned by several European powers, which collided in their ambitions to seize territory. The protectorate treaty, concluded between Africans and Europeans, formed the main mode of acquiring title to land. These treaties put the door ajar to the acquisition of full and all comprehensive sovereignty, and, therefore, the regulation and administration of internal affairs, like the allocation of property rights and landownership. Mainly by way of decrees the Europeans took over the internal administration of the protectorate. The European administration in Africa soon implemented the concession system, expropriated the indigenous population of their lands, and placed the African peoples in reservations. It is assessed whether these practices were in accordance with contemporary legal standards. 1. Introduction national interests and imposing “superior” Western values. During the Age of New In the “Scramble for Africa,”1 at the end of the Imperialism, European powers added almost 19th century and the beginning of the 20th 9,000.000 square miles of African land, century, several European powers collided in approximately 20 % of the whole land mass of their ambitions to seize territory. The main the world, to their overseas colonial empires.2 actors in this competition were Great Britain, After the Conference of Berlin (1884–1885),3 the France and Germany, but also Belgium, scramble for Africa really came up to speed.
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