Associated state

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An associated state is the minor partner in a formal, free relationship between a political territory with a degree of statehood and a (usually larger) nation, for which no other specific term, such as protectorate, is adopted.

The details of such free association are contained in United Nations General Assembly resolution 1541 (XV) Principle VI,[1] a Compact of Free Association or Associated Statehood Act and are specific to the countries involved. In the case of the Cook Islands and Niue, the details of their free association arrangement are contained in several documents, such as their respective constitutions, the 1983 Exchange of Letters between the governments of New Zealand and the Cook Islands, and the 2001 Joint Centenary Declaration. Free associated states can be described as independent or not, but free association is not a qualification of an entity's statehood or status as a subject of international law.

Informally it can be considered more widely: from a post-colonial form of amical protection, or protectorate, to confederation of unequal members when the lesser partner(s) delegate(s) to the major one (often the former colonial power) some authority normally exclusively retained by a sovereign state, usually in such fields as defense and foreign relations, while often enjoying favorable economic terms such as market access.

According to some scholars, a form of association based on benign protection and delegation of sovereignty can be seen as a defining feature of microstates.[2]

A federacy, a type of government where at least one of the subunits in an otherwise unitary state enjoys autonomy like a subunit within a federation, is similar to an associated state, with such subunit(s) having considerable independence in internal issues, except foreign affairs and defence. Yet in terms of international law[citation needed] it is a completely different situation because the subunits are not independent international entities and have no potential right to independence.

Origin of the concept[edit]

The concept of associated state was originally used to refer to arrangements under which Western powers afforded a degree of self-government to some of their colonial possessions after the end of World War II. Soon after the conclusion of the war, the French colonial territories of Vietnam, Cambodia, and Laos were designated as 'associated states' within the newly-created French Union. The arrangement afforded them nominal internal sovereignty, but reserved for France effective control over foreign relations, military, judicial, administrative, and economic activities. According to some French jurists, the concept of associated state under the 1946 French constitution automatically extended to the territories of Morocco and Tunisia, which up until then had been protectorates of France. However, unlike their counterparts in Southeast Asia, neither Morocco nor Tunisia became part of the French Union.[3] The associated state concept as applied to former French colonial possessions has been described as 'neo-colonial' as it did not afford them real internal or external sovereignty.[4] All of the aforementioned associated states eventually transitioned into full independent statehood.

Puerto Rico is defined as an "associated free state" (Estado Libre Asociado) in its 1952 constitution. However, it remains a territory of the United States. While exercising substantial internal self-government, Puerto Rico is subordinated to the U.S. Constitution in areas such as foreign affairs or defense. For this reason, it is not considered to be a full-fledged associated state under either international or U.S. domestic law.[5][6]

States currently in a formal association[edit]

The Cook Islands and Niue have the status of "self-government in free association".[7] New Zealand cannot legislate for them,[8][9] and in some situations they are considered sovereign states.[10] In foreign relations both interact as sovereign states,[11][12] and they have been allowed to sign on as a state to United Nations treaties and bodies.[11][13] New Zealand does not consider them to be constitutionally sovereign states due to their continued use of New Zealand citizenship.[7][14] Both have established their own nationality and immigration regimes.[15]

The Federated States of Micronesia (since 1986), the Marshall Islands (since 1986), and Palau (since 1994) are associated with the United States under what is known as the Compact of Free Association, giving the states international sovereignty and ultimate control over their territory. However, the governments of those areas have agreed to allow the United States to provide defense; the U.S. federal government fund grants and access to U.S. social services for citizens of these areas. The United States benefits from its ability to use the islands as strategic military bases.

Minor partner Associated with Associated since Level of association International status
 Cook Islands  New Zealand 4 August 1965 New Zealand acts on behalf of the Cook Islands in foreign affairs and defence issues, but only when requested so by the Cook Islands Government and with its advice and consent.[16][17][18] Not a UN member state. Independence in foreign relations recognised by the UN.
 Marshall Islands  United States 21 October 1986 United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[19] UN member state
Federated States of Micronesia Federated States of Micronesia  United States 3 November 1986 United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[20] UN member state
 Niue  New Zealand 19 October 1974 New Zealand acts on behalf of Niue in foreign affairs and defence issues, but only when requested so by the Niue Government and with its advice and consent.[21][22] Not a UN member state. Independence in foreign relations recognised by the UN.
 Palau  United States 1 October 1994 United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[23] UN member state

Former associated states[edit]

A formal association existed under the Associated Statehood Act 1967 between the United Kingdom and the six West Indies Associated States. These were former British colonies in the Caribbean: Antigua (1967–1981), Dominica (1967–1978), Grenada (1967–1974), Saint Christopher-Nevis-Anguilla (1967–1983), Saint Lucia (1967–1979), and Saint Vincent (1969–1979). Under this arrangement, each state had internal self-government, but the UK retained responsibility for foreign relations and defense.[24] The United Nations never determined whether these associated states had achieved a full measure of self-government within the meaning of the United Nations Charter and General Assembly resolutions. Within a few years after the status of associated state was created, all six of the former associated states requested and were granted full independence, except for Anguilla within the former St. Kitts-Nevis-Anguilla union, which separated from the associated state before independence and remains a United Kingdom dependent territory.

Shortly before the dissolution of the Soviet Union, the autonomous Soviet republic of Tatarstan declared itself a "sovereign state" and a "subject of international law". Tatarstan and the recently formed Russian Federation entered into a treaty in 1994 specifying that Tatarstan was "associated" with the latter (rather than being an integral part of it). Through the agreement Tatarstan delegated certain powers (such as some foreign relations and defense) to Russia. Changes made to Tatarstan's constitution in 2002 have been seen by some commentators as fundamentally changing this relationship, with Tatarstan now functioning as essentially an integral part of Russia.[25][26][27][28][29]

Proposed associated states[edit]

Tokelau (a dependent territory of New Zealand) voted on a referendum in February 2006 to determine whether it wanted to remain a New Zealand territory or become the third state in free association with New Zealand (after the Cook Islands and Niue). While a majority of voters chose free association, the vote did not meet the two-thirds threshold needed for approval. A repeat referendum in October 2007 under United Nations supervision yielded similar results, with the proposed free association falling 16 votes short of approval.[30]

According to statements of officials of Abkhazia and Transnistria (self-proclaimed partially recognized republics seceded from the former USSR's constitutive republics of Georgia and Moldova), both intend after recognition of their independence to become associated states of the Russian Federation. In Transnistria a referendum took place in September 2006, in which secession from Moldova and "future free association" with Russia was approved by a margin of 97%, even though the results of the referendum were internationally unrecognized.

The government of the United States unincorporated territory of Guam, led by Governor Eddie Calvo, is currently campaigning for a plebiscite on Guam's future political status, with free association following the model of the Marshall Islands, Micronesia, and Palau as one of the possible options.[31][32]

Other comparable relationships[edit]

Other situations exist where one state has power over another political unit. A dependent territory is an example of this, where an area has its own political system and often internal self-government, but does not have overall sovereignty. In a loose form of association, some sovereign states cede some power to other states, often in terms of foreign affairs and defence.

States currently ceding power to another state[edit]

Minor partner Associated with Associated since Level of association International status
 Andorra  Spain and
 France
1278 Responsibility for defending Andorra rests with Spain and France.[33] Andorra is a co-principality between the head of state of France (currently the president) and the Bishop of Urgell. UN member state
 Kiribati  Australia and
 New Zealand
1979 Kiribati has no military. National defence is provided by Australia and New Zealand.[34] UN member state
 Liechtenstein   Switzerland
1923 Although the head of state represents Liechtenstein in its international relations, Switzerland has taken responsibility for much of Liechtenstein's diplomatic relations. Liechtenstein has no military defense.[35] UN member state
 Monaco  France 1861 France has agreed to defend the independence and sovereignty of Monaco, while the Monegasque Government has agreed to exercise its sovereign rights in conformity with French interests, which was reaffirmed by the Treaty of Versailles in 1919.[36] UN member state
 Nauru  Australia 1968 Nauru has no military. Australia informally takes responsibility for its defence.[37] UN member state
 Samoa  New Zealand 1914 Samoa has no regular military. New Zealand provides defence under an informal agreement.[38] UN member state
 San Marino  Italy 1939 Responsibility for defending San Marino rests with Italy.[39] UN member state
  Vatican City   Switzerland
 Italy
1506 and 1929 According to the Lateran Treaty, anyone who loses Vatican citizenship and possesses no other citizenship automatically becomes an Italian citizen. The military defense of the Vatican City is provided by Italy and it uses the Pontifical Swiss Guard, founded by Pope Julius II and provided by Switzerland, as the Pope's bodyguards.[40] UN observer state

States formerly ceding power to another state[edit]

Iceland, formerly part of the Kingdom of Denmark, became a nominally sovereign state in 1918. It remained in personal union with the Danish Crown and continued to have a common foreign policy with Denmark until 1944, when it became fully independent.[41]

Bhutan, a former protectorate of British India, agreed in a 1949 treaty to allow the recently created state of India to guide its foreign relations in a relatively loose form of association, which resulted in Bhutan sometimes being described as a "protected state".[42][43][44] This relationship was updated in a 2007 treaty, in which the provision requiring Bhutan to accept India's guidance on foreign policy was rescinded.[45]

Microstates as modern protected states[edit]

The existence of free relationship based on both delegation of sovereignty and benign protection can be seen as a defining feature of microstates. According to the definition of microstates proposed by Dumienski (2014): "Microstates are modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints."[2] Adopting this approach permits separating microstates from both small states and autonomies or dependencies. Microstates understood as modern protected states include such states as Liechtenstein, San Marino, Monaco, Vatican City, Andorra, Niue, the Cook Islands, or Palau.

See also[edit]

References[edit]

  1. ^ See: the General Assembly of the United Nations approved resolution 1541 (XV) Archived 21 January 2012 at the Wayback Machine (pages: 509–510) defining free association with an independent State, integration into an independent State, or independence
  2. ^ a b Dumieński, Zbigniew (2014). "Microstates as Modern Protected States: Towards a New Definition of Micro-Statehood" (PDF). Occasional Paper. Centre for Small State Studies. Retrieved 20 August 2014. Cite journal requires |journal= (help)
  3. ^ Rivlin, Benjamin (1982). "The United States and Moroccan International Status, 1943-1956: A Contributory Factor in Morocco's Reassertion of Independence from France". The International Journal of African Historical Studies. 15 (1): 64–82. doi:10.2307/218449 – via JSTOR.
  4. ^ Igarashi, Masahiro (2002). Associated Statehood in International Law. The Hague, Netherlands: Kluwer Law International. p. 24. ISBN 90-411-1710-5.
  5. ^ "Extended Statehood in the Caribbean ~ Fifty Years of Commonwealth ~ The Contradictions Of Free Associated Statehood in Puerto Rico : Rozenberg Quarterly".
  6. ^ http://www.bu.edu/law/workingpapers-archive/documents/lawsong_and_sloaner040809rev.pdf
  7. ^ a b Cook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005 Archived 4 March 2016 at the Wayback Machine
  8. ^ Cook Islands Constitution Archived 24 September 2015 at the Wayback Machine "Except as provided by Act of the Parliament of the Cook Islands, no Act, and no provision of any Act, of the Parliament of New Zealand passed after the commencement of this Article shall extend or be deemed to extend to the Cook Islands as part of the law of the Cook Islands."
  9. ^ Niue Abstracts Part 1 A (General Information); page 18 Archived 21 January 2016 at the Wayback Machine "The New Zealand Parliament has no power to make laws in respect of Niue on any matter, except with the express request and consent of the Niue Government."
  10. ^ See Court various statements, page 262–264
  11. ^ a b Repertory of Practice of United Nations Organs Supplement No. 8; page 10 Archived 19 October 2013 at the Wayback Machine Cook Islands since 1992, and Niue since 1994.
  12. ^ "JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001" (PDF). Archived from the original (PDF) on 27 May 2013.
  13. ^ UN Office of Legal Affairs Archived 28 July 2011 at the Wayback Machine Page 23, number 86 "...the question of the status, as a State, of the Cook Islands, had been duly decided in the affirmative..."
  14. ^ The Cook Islands' unique constitutional and international status, page 9 Cook Islands and Niue do not have citizenship on their own and the Cook Islanders and Niueans have New Zealand citizenship.
  15. ^ Pacific Constitutions Overview, p.7 Archived 5 March 2012 at the Wayback Machine – Niue Entry, Residence and Departure Act 1985.
  16. ^ CIA (15 July 2010). "The Cook Islands at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 15 July 2010.
  17. ^ Government of New Zealand. "Cook Islands Constitution Act 1964". New Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
  18. ^ Government of New Zealand. "Cook Islands Constitution Commencement Order 1965". New Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
  19. ^ CIA (15 July 2010). "Marshall Islands at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  20. ^ CIA (15 July 2010). "FSM at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  21. ^ CIA (15 July 2010). "Niue at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  22. ^ Government of New Zealand. "Niue Constitution Act 1974". New Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
  23. ^ CIA (15 July 2010). "Palau at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  24. ^ Broderick, Margaret (1968). "Associated Statehood: A New Form of Decolonisation". The International and Comparative Law Quarterly. 17 (2): 368–403 – via JSTOR.
  25. ^ https://digitalcommons.macalester.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1000&context=russ_honors
  26. ^ https://www.files.ethz.ch/isn/450/doc_452_290_en.pdf
  27. ^ Graney, Katherine E. (21 October 2009). "Of Khans and Kremlins: Tatarstan and the Future of Ethno-federalism in Russia". Lexington Books – via Google Books.
  28. ^ "Fear and Loathing in Russia's Catalonia: Moscow's Fight Against Federalism". War on the Rocks. 31 January 2018.
  29. ^ "Tatarstan: Status Under Scrutiny As Lawmakers Change Constitution". RadioFreeEurope/RadioLiberty.
  30. ^ Gregory, Angela (25 October 2007). "Tokelau votes to remain dependent territory of New Zealand". The New Zealand Herald. Archived from the original on 25 May 2017. Retrieved 16 September 2011.
  31. ^ Post, Kevin Kerrigan and Gaynor D. Daleno | The Guam Daily. "GovGuam hopes for favorable decision on plebiscite". The Guam Daily Post.
  32. ^ Press, Jennifer Sinco Kelleher, The Associated (12 October 2018). "Guam pushes for native-only vote on US relationship". Navy Times.
  33. ^ CIA (15 July 2010). "Andorra at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 15 July 2010.
  34. ^ "Kiribati at the CIA's page". CIA. Retrieved 2 November 2012.
  35. ^ CIA (15 July 2010). "Liechtenstein at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 15 July 2010.
  36. ^ CIA (15 July 2010). "Monaco at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  37. ^ CIA (15 July 2010). "Nauru at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  38. ^ CIA (3 November 2012). "Samoa at the CIA's page".
  39. ^ CIA (15 July 2010). "San Marino at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  40. ^ CIA (15 July 2010). "Holy See (Vatican City) at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 15 July 2010.
  41. ^ Gaebler, Ralph; Shea, Alison (6 June 2014). Sources of State Practice in International Law: Second Revised Edition. ISBN 9789004272224.
  42. ^ "Indo-Bhutan Friendship Treaty" (PDF). (30.6 KiB))
  43. ^ "How Bhutan Came to Not Be a Part of India". The Wire.
  44. ^ https://www.ripublication.com/ijhss17/ijhssv7n2_07.pdf
  45. ^ Whelpton, John (1 February 2008). "Nepal and Bhutan in 2007: Seeking an Elusive Consensus". Asian Survey. 48 (1): 184–190. doi:10.1525/as.2008.48.1.184 – via as.ucpress.edu.