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.

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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 defense. 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.[ citation needed ]

Origin of the concept

The concept of associated state was originally used to refer to arrangements under which Western powers afforded a (sometimes very limited) 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 these countries a limited degree of internal and external sovereignty (for example, they were allowed to enter into diplomatic relations with a small number of countries), but for the most part reserved for France effective control over foreign relations, as well as military, judicial, administrative, and economic activities. [3] [4] 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. [5] 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. [3] All of the aforementioned associated states eventually became fully independent states.

Puerto Rico has been a dependent territory of the United States since the Spanish-American War. In the Spanish-language version of its current (1952) constitution it is officially named Estado Libre Asociado de Puerto Rico, which translates to "Free Associated State of Puerto Rico." It exercises substantial internal self-government similar to U.S. states, and is under the sovereignty of the U.S. Constitution. Unlike the Marshall Islands, Micronesia, and Palau, Puerto Rico is not considered to be an associated state under U.S. domestic law, with the English-language Puerto Rican constitution referring to it as a 'commonwealth.' The official Spanish name of Puerto Rico can lead observers to believe that its political status is equivalent to that of the associated states of Cook Islands, Marshall Islands, Micronesia, Niue and Palau. However, unlike these sovereign states, Puerto Rico is not considered a state under international law and scholars usually do not regard it as an associated state similar to the others. Puerto Rico retains the right to choose free association, full independence, or becoming a U.S. state. [6] [7]

States currently in a formal association

The Cook Islands and Niue have the status of "self-government in free association". [8] New Zealand cannot legislate for them, [9] [10] and in some situations they are considered sovereign states. [11] In foreign relations both interact as sovereign states, [12] [13] and they have been allowed to sign on as a state to United Nations treaties and bodies. [12] [14] Neither has decided to join the United Nations as New Zealand has expressed a view that such a move would lead their loss of right to automatic acquisition of New Zealand citizenship. [8] [15] However, New Zealand has never formally opposed such application, nor has it argued that either country would not be within its sovereign right to do so. Both Niue and the Cook Islands have established their own nationality and immigration regimes. [16]

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 provides funding 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 [note 1] Associated withAssociated sinceLevel of associationInternational status
Flag of the Cook Islands.svg  Cook Islands Flag of New Zealand.svg  New Zealand 4 August 1965New 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. [17] [18] [19] Not a UN member state. Independence in foreign relations recognised by the UN.
Flag of Niue.svg  Niue Flag of New Zealand.svg  New Zealand 19 October 1974New 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. [20] [21] Not a UN member state. Independence in foreign relations recognised by the UN.
Flag of the Marshall Islands.svg  Marshall Islands Flag of the United States.svg  United States 21 October 1986United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association. [22] UN member state
Flag of Federated States of Micronesia.svg  Micronesia Flag of the United States.svg  United States 3 November 1986United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association. [23] UN member state
Flag of Palau.svg  Palau Flag of the United States.svg  United States 1 October 1994United States provides defense, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association. [24] UN member state

Former associated states

A formal association existed under the West Indies 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 defence. [25] 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 became a United Kingdom dependent territory on its own.

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. [26] [27] [28] [29] [30]

Proposed associated states

In 2003, then-Basque Country president Juan José Ibarretxe proposed to the Spanish Congress a reform that would have transformed the region from an autonomous community within Spain into a state in free association, therefore making Spain into a confederal state. The proposal was overwhermingly rejected by the Congress. [31] [32] [33]

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. [34]

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 respectively), 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 then-Governor Eddie Calvo, started campaigning in early 2011 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. [35] [36] The plebiscite, however, only allowed "native inhabitants" as defined under Guam law to register for it. A white, non-Chamorro resident, Arnold Davis, filed a federal lawsuit in 2011 for being denied registration for the plebiscite and a July 2019 ruling by the United States Court of Appeals for the Ninth Circuit ultimately blocked the plebiscite on the basis that the law was race-based and violated constitutionally protected voting rights; the United States Supreme Court declined to hear the Government of Guam's appeal in May 2020. [37] [38]

Other comparable relationships

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 defense.

States currently ceding power to another state

Minor partnerAssociated withAssociated sinceLevel of associationInternational status
Flag of Andorra.svg  Andorra Flag of Spain.svg  Spain and
Flag of France.svg  France
1278Responsibility for defending Andorra rests with Spain and France. [39] Andorra is a co-principality between the head of state of France (currently the president) and the Bishop of Urgell. UN member state
Flag of Kiribati.svg  Kiribati Flag of Australia (converted).svg  Australia and
Flag of New Zealand.svg  New Zealand
1979Kiribati has no military. National defence is provided by Australia and New Zealand. [40] UN member state
Flag of Liechtenstein.svg  Liechtenstein Flag of Switzerland.svg   Switzerland
1923Although 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. [41] UN member state
Flag of Monaco.svg  Monaco Flag of France.svg  France 1861France 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. [42] UN member state
Flag of Nauru.svg  Nauru Flag of Australia (converted).svg  Australia 1968Nauru has no military. Australia informally takes responsibility for its defence. [43] UN member state
Flag of Samoa.svg  Samoa Flag of New Zealand.svg  New Zealand 1914Samoa has no regular military. New Zealand provides defence under an informal agreement. [44] UN member state
Flag of San Marino.svg  San Marino Flag of Italy.svg  Italy 1939Responsibility for defending San Marino rests with Italy. [45] UN member state
Flag of the Vatican City.svg   Vatican City Flag of Switzerland.svg   Switzerland
Flag of Italy.svg  Italy
1506 and 1929According to the Lateran Treaty, anyone who loses Vatican City 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. [46] UN observer state

States formerly ceding power to another state

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. [47]

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". [48] [49] This relationship was updated in a 2007 treaty, in which the provision requiring Bhutan to accept India's guidance on foreign policy was rescinded. [50]

Microstates as modern protected states

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, and Palau.

See also

Notes

  1. Arranging by date of free association.

Related Research Articles

Microstate Sovereign state having a very small population or very small land area

A microstate or ministate is a sovereign state having a very small population or very small land area, usually both. However, the meanings of "state" and "very small" are not well-defined in international law. Some recent attempts to define microstates have focused on identifying qualitative features that are linked to their size and population, such as partial delegation of their sovereignty to larger states, such as for international defense.

A dependent territory, dependent area, or dependency is a territory that does not possess full political independence or sovereignty as a sovereign state, yet remains politically outside the controlling state's integral area. The US Constitution does not apply in full to the insular areas.

51st state Proposals to admit a new state to the United States

"51st state", in post-1959 American political discourse, is a phrase that refers to areas or locales that are—seriously or facetiously—considered candidates for U.S. statehood, joining the 50 states that presently compose the United States. The phrase has been applied to external territories as well as parts of existing states which would be admitted as separate states in their own right.

Insular area U.S. territory that is neither a U.S. state nor the District of Columbia

In the law of the United States, an insular area refers to U.S.-associated jurisdictions not part of the 50 states or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign nations each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Philippine Islands and the Trust Territory of the Pacific Islands when it existed.

Territories of the United States Sub-national administrative divisions overseen by the United States federal government

Territories of the United States are sub-national administrative divisions overseen by the United States federal government. The various U.S. territories differ from the U.S. states and Native American tribes in that they are not sovereign entities. In contrast, each state has a sovereignty separate from that of the federal government and each federally recognized Native American tribe possesses limited tribal sovereignty as a "dependent sovereign nation". Territories are classified by incorporation and whether they have an "organized" government through an organic act passed by the Congress. U.S. territories are under U.S. sovereignty and, consequently, may be treated as part of the United States proper in some ways and not others. Unincorporated territories in particular are not considered to be integral parts of the United States, and the Constitution of the United States applies only partially in those territories.

Commonwealth is a term used by two unincorporated territories of the United States in their full official names, which are the Northern Mariana Islands, whose full name is Commonwealth of the Northern Mariana Islands, and Puerto Rico, which is named Commonwealth of Puerto Rico in English and Estado Libre Asociado de Puerto Rico in Spanish, translating to "Free Associated State of Puerto Rico." The term was also used by the Philippines during most of its period under U.S. sovereignty, when it was officially called the Commonwealth of the Philippines.

Realm of New Zealand

The Realm of New Zealand consists of the entire area in which the monarch of New Zealand functions as head of state. The Realm of New Zealand is not a federation; it is a constitutional concept encompassing the three autonomous legal systems of New Zealand, the Cook Islands, and Niue. It is a collection of states and territories united under its monarch. New Zealand is an independent and sovereign state. It has one Antarctic territorial claim, one dependent territory (Tokelau), and two associated states.

A federacy is a form of government where one or several substate units enjoy considerably more independence than the majority of the substate units. To some extent, such an arrangement can be considered to be similar to asymmetric federalism.

Puerto Rico Democracy Act Bill of the 111th U.S. Congress

The Puerto Rico Democracy Act is a bill to provide for a federally sanctioned self-determination process for the people of Puerto Rico.

Political status of Puerto Rico Unincorporated territory of the United States

The political status of Puerto Rico is that of an unincorporated territory of the United States. As such, the island of Puerto Rico is neither a sovereign nation nor a U.S. state. Because of that ambiguity, the territory, as a polity, lacks certain rights but enjoys certain benefits that other polities have or lack. For instance, in contrast to U.S. states, Puerto Rico residents cannot vote in U.S. presidential elections nor can they elect their own senators and representatives to the U.S. Congress. On the other hand, in contrast to U.S. states, only some residents of Puerto Rico are subject to federal income taxes. The political status of the island thus stems from how different Puerto Rico is politically from sovereign nations and from U.S. states.

A referendum on the political status of Puerto Rico was held on December 13, 1998. Voters were given the choice between statehood, independence, free association, being a territorial commonwealth, or none of the given options. A majority voted for the latter, with a turnout of 71.3%.

A referendum on the political status of Puerto Rico was held in Puerto Rico on November 6, 2012. It was the fourth referendum on status to be held in Puerto Rico. Puerto Rico has been an unincorporated territory of the United States since the Spanish–American War in 1898.

The proposed political status for Puerto Rico encompasses the different schools of thought on whether Puerto Rico, currently an unincorporated territory of the United States in the form of a commonwealth, should change its current political status. Although there are many differing points of view, there are four that emerge in principle: that Puerto Rico maintains its current status, becomes a state of the United States, becomes fully independent, or becomes a freely associated state.

Three main alternatives are generally presented to Puerto Rican voters during a Puerto Rico political status plebiscite: full independence, maintenance or enhancement of the current commonwealth status, and full statehood into the American Union. The exact expectations for each of these status formulas are a matter of debate by a given position's adherents and detractors. Puerto Ricans have proposed positions that modify the three alternatives above, such as (a) indemnified independence with phased-out US subsidy, (b) expanded political but not fiscal autonomy, and (c) statehood with a gradual phasing out of federal tax exemption.

Political status of the Cook Islands and Niue

The political status of the Cook Islands and Niue is formally defined as being states in free association within the Realm of New Zealand, which is made up of the Cook Islands, Niue, and New Zealand and its territories, Tokelau and the Ross Dependency. New Zealand carries out defence and foreign affairs on behalf of the two associated states, although some other countries have recognised them as sovereign entities.

A referendum on the political status of Puerto Rico was held in Puerto Rico on June 11, 2017. The referendum had three options: becoming a state of the United States, independence/free association, or maintaining the current territorial status. Those who voted overwhelmingly chose statehood by 97%. This figure is attributed to a boycott led by the pro-status quo PPD party, which resulted in a 22.93% turnout.

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