Protecting Power

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Protecting Power is a term derived from consular law and refers to a state that represents another state diplomatically and consularly. Protecting Powers shall exercise their interests in the receiving State in place of the sending States, if there are no diplomatic relations between the sending and receiving States (need for mutual protection). Protective power activities in peacetime are deviations from the standard form of conduct of foreign affairs of a state subject of international law by its own missions abroad, for the German Foreign Service regulated in para. 2 of the Act on the External Action Service (GAD).

The Protecting Power developed as an institute of customary international law over centuries and can be legally historical in its beginnings up to the 13th century. Proof of the century.

Delimitation
The ability to shape its own foreign affairs is a prerequisite for appointing a protective power. However, a relationship of dependence under international law such as a protectorate regularly deprives the represented state of its ability under international law to shape its own foreign affairs. The protected state is usually no longer free to allow its foreign affairs to be carried out by a protective power.

If there is no need for a protective power, a state may nevertheless voluntarily be represented by another state under international law on the basis of an international treaty. The treaty leaves the represented state the capacity under international law to regulate foreign affairs. For example, Liechtenstein has long been represented by Switzerland in Germany and Austria since 1919.

If diplomatic relations exist but the mission of the sending State is withdrawn, the sending State may leave to a third State the protection of its interests and those of its nationals in the receiving State. Since in this case there is only a unilateral need for the Protecting Power, the rules concerning the Protecting Power are not relevant. If the personal mission of the Head of Mission ends, diplomatic relations do not end. In such cases, a chargé d'affaires regularly acts ad interim.

Although two states recognise themselves under international law, but do not establish diplomatic relations, official trade representatives without diplomatic status can initially be maintained on the basis of bilateral agreements. The “trade representations” of the Federal Republic of Germany, on the one hand, and of Bulgaria and Hungary, on the other hand, existed until diplomatic relations were established on 21. December 1973 and the conversion of trade representatives into embassies.

Diplomatic and consular representation

International Consular Law
The provisions of the Vienna Convention on Diplomatic Relations (VDC) and the Vienna Convention on Consular Relations (VDC) concerning the Schutzm