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Associated state

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An associated state is the minor partner or dependent territory in a formal, free relationship between a political territory (some of them dependent states, most of them fully sovereign) and a major party—usually a larger nation.

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 a confederation of unequal members when the lesser partners delegate to the major one (often the former colonial power) some authority normally exclusively retained by a sovereign state, usually in such fields as defence and foreign relations, while often enjoying favourable 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 subunits 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.[citation needed]

Origin of the concept

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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.[citation needed]

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 the Cook Islands, the Marshall Islands, Micronesia, Niue, and Palau. However, unlike these polities, 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]

When New Zealand offered an associated status to the Cook Islands, they involved the United Nations and included in the agreement the possibility of future independence. These considerations became relevant in later Special Committee on Decolonisation debates on the West Indies Associated States.[8]

States currently in a formal association

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The Cook Islands and Niue have the status of "self-government in free association".[9] New Zealand cannot legislate for them,[10][11] and in some situations they are considered sovereign states.[12] In foreign relations, both interact as sovereign states,[13][14] and they have been allowed to sign on as a state to United Nations treaties and bodies.[13][15] Neither has decided to join the UN, as New Zealand has expressed a view that such a move would lead to their loss of right to automatic acquisition of New Zealand citizenship.[9][16] 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.[17]

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.[citation needed]

Associated state [note 1] 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.[18][19][20] Not a UN member state. Independence in foreign relations recognised by the UN
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
Marshall Islands United States 21 October 1986 The 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
Federated States of Micronesia United States 3 November 1986 The United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[24] UN member state
Palau United States 1 October 1994 The United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under the Compact of Free Association.[25] UN member state

Former associated states

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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.[26] 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 British dependent territory on its own.[citation needed]

Shortly before the dissolution of the Soviet Union in 1991, the Tatar ASSR unilaterally seceded from the Russian SFSR, as the "sovereign state" of Tatarstan and a "subject of international law". In 1994 Tatarstan and the Russian Federation entered into a treaty 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 defence) 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.[27][28][29][30][31]

Proposed associated states

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While Puerto Rico is described as a 'free associated state' under its Spanish-language constitution, its status is not equivalent to that of a separate state under international law, since it legally remains a U.S. territory.[32] Some scholars and politicians have proposed Puerto Rico sign a Compact of Free Association with the U.S. similar to those in force in the Marshall Islands, Micronesia, and Palau.[33][34] A similar path has been proposed in order to update the political relationship between the Faroe Islands and Denmark, in which the former would become an associated state of the latter.[35]

The government of the U.S. 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.[36][37] 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 Supreme Court of the United States declined to hear the Government of Guam's appeal in May 2020.[38][39]

In 2003, then-Basque Country president Juan José Ibarretxe proposed to the Spanish Congress of Deputies a reform that would have transformed the region from an autonomous community within Spain into a state in free association, thus making Spain a confederal state. The proposal was overwhelmingly rejected by the Congress.[40][41][42]

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 similar referendum in October 2007 under United Nations supervision yielded similar results, with the proposed free association falling 16 votes short of approval.[43]

The establishment of a Bangsamoro Juridical Entity (BJE) was proposed in 2008 by the Moro Islamic Liberation Front and the Philippines. The two parties were to sign a memorandum of agreement on ancestral domain which would lead to the establishment of a new autonomous government in the southern Philippines. However the deal was halted by the Supreme Court of the Philippines, which ruled that the BJE's proposed "associative relationship" with the Philippine national government was incompatible with the Constitution of the Philippines.[44][45]

Some form of free association has been suggested as a solution to occasional calls of self-determination by the people of Tobago, the smaller island within the nation of Trinidad and Tobago, either within the single state (analogous to the situation of Scotland within the United Kingdom) or as a separate political entity.[46]

According to statements of officials of Abkhazia and Transnistria (self-proclaimed partially recognized republics seceded from the former USSR's constituent 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 unrecognised.[citation needed]

Other comparable relationships

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Other situations exist where one state has power over another political unit. Dependent territories and the United Kingdom's Crown dependencies are examples 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.[citation needed]

States currently ceding power to another state

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Further information: Suzerainty
Associated state Associated with Associated since Level of association International status
Andorra Spain and
France 		1278 Defence is the responsibility of Spain and France.[47] 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.[48] 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 maintains no military.[49] 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.[50] UN member state
Nauru Australia 1968 Nauru has no military. Australia informally takes responsibility for its defence.[51] UN member state
Samoa New Zealand 1914 Samoa has no regular military. New Zealand provides defence under an informal agreement.[52] UN member state
San Marino Italy 1939 Defence is the responsibility of Italy by arrangement.[53] UN member state
Vatican City Switzerland (since 1506)
Italy (since 1929) 		1506 (with Switzerland)
1929 (with Italy) 		According to the Lateran Treaty, anyone who loses Vatican City citizenship and possesses no other citizenship automatically becomes an Italian citizen. The military defence 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.[54] UN General Assembly observer state

States formerly ceding power to another state

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Iceland, formerly part of Denmark, became a nominally sovereign state in 1918. It remained in a personal union with the Danish Crown and continued to have a common foreign policy with Denmark until 1944, when it became fully independent.[55]

Bhutan, a former protectorate of British India, agreed in a 1949 treaty to allow the newly independent India to guide its foreign relations in a relatively loose form of association, which resulted in Bhutan sometimes being described as a "protected state".[56][57] This relationship was updated in a 2007 treaty, in which the provision requiring Bhutan to accept India's guidance on foreign policy was rescinded.[58]

Microstates as modern protected states

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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.[citation needed]

See also

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Notes

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  1. ^ Arranged by date of free association.

References

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  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. Archived from the original (PDF) on 14 July 2014. Retrieved 20 August 2014. {{cite journal}}: Cite journal requires |journal= (help)
  3. ^ a b Igarashi, Masahiro (2002). Associated Statehood in International Law. The Hague, Netherlands: Kluwer Law International. p. 24. ISBN 90-411-1710-5.
  4. ^ "UQAM | Guerre d'Indochine | ASSOCIATED STATES OF INDOCHINA". indochine.uqam.ca.
  5. ^ 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. JSTOR 218449.
  6. ^ "Extended Statehood in the Caribbean ~ Fifty Years of Commonwealth ~ The Contradictions Of Free Associated Statehood in Puerto Rico : Rozenberg Quarterly". Retrieved 15 August 2020.
  7. ^ "The Constitutionality Of Decolonization By Associated Statehood: Puerto Rico's Legal Status Reconsidered" (PDF). Archived from the original (PDF) on 18 October 2019. Retrieved 18 October 2019.
  8. ^ Brij V Lal (22 September 2006). "'Pacific Island talks': Commonwealth Office notes on four-power talks in Washington". British Documents on the End of Empire Project Series B Volume 10: Fiji. University of London: Institute of Commonwealth Studies. p. 308. ISBN 9780112905899.
  9. ^ 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
  10. ^ 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."
  11. ^ 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."
  12. ^ See Court various statements, page 262–264
  13. ^ 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.
  14. ^ "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.
  15. ^ 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..."
  16. ^ 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.
  17. ^ Pacific Constitutions Overview, p.7 Archived 5 March 2012 at the Wayback Machine – Niue Entry, Residence and Departure Act 1985.
  18. ^ CIA (15 July 2010). "The Cook Islands at the CIA's page". CIA. Retrieved 15 July 2010.
  19. ^ Government of New Zealand. "Cook Islands Constitution Act 1964". New Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
  20. ^ Government of New Zealand. "Cook Islands Constitution Commencement Order 1965". New Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
  21. ^ CIA (15 July 2010). "Niue at the CIA's page". CIA. 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). "Marshall Islands at the CIA's page". CIA. Retrieved 15 July 2010.
  24. ^ CIA (15 July 2010). "FSM at the CIA's page". CIA. Retrieved 15 July 2010.
  25. ^ CIA (15 July 2010). "Palau at the CIA's page". CIA. Retrieved 15 July 2010.
  26. ^ Broderick, Margaret (1968). "Associated Statehood: A New Form of Decolonisation". The International and Comparative Law Quarterly. 17 (2): 368–403. doi:10.1093/iclqaj/17.2.368. JSTOR 757111.
  27. ^ Stowe-Thurston, Abigail (29 April 2016). "A State of the Union: Federation and Autonomy in Tatarstan". Russian Studies Honors Projects. Retrieved 15 September 2023.
  28. ^ "External relations of Tatarstan" (PDF). ethz.ch. Retrieved 15 September 2023.
  29. ^ Graney, Katherine E. (21 October 2009). Of Khans and Kremlins: Tatarstan and the Future of Ethno-federalism in Russia. Lexington Books. ISBN 9780739126356 – via Google Books.
  30. ^ "Fear and Loathing in Russia's Catalonia: Moscow's Fight Against Federalism". War on the Rocks. 31 January 2018.
  31. ^ "Tatarstan: Status Under Scrutiny As Lawmakers Change Constitution". Radio Free Europe/Radio Liberty. 9 April 2008.
  32. ^ Keitner, Chimène (20 August 2014). "From Conquest to Consent: Puerto Rico and the Prospect of Genuine Free Association". doi:10.2139/ssrn.2484239. SSRN 2484239.
  33. ^ Rodríguez-Orellana, Manuel (1987). "In Contemplation of Micronesia: The Prospects for the Decolonization of Puerto Rico under International Law". The University of Miami Inter-American Law Review. 18 (3): 457–490. JSTOR 40176161.
  34. ^ Rosenblatt, Peter R. "The Free Association Status in the Pacific Islands and Its Impact in Puerto Rico and the Caribbean".
  35. ^ Keitner, Chimène (27 March 2010). "Associate Statehood: Principles and Prospects". SSRN 933739.
  36. ^ Post, Kevin Kerrigan and Gaynor D. Daleno | The Guam Daily (13 October 2018). "GovGuam hopes for favorable decision on plebiscite". The Guam Daily Post.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  37. ^ Jennifer Sinco Kelleher (12 October 2018). "Guam pushes for native-only vote on US relationship". Navy Times. Associated Press.
  38. ^ "US Supreme Court Declines to Take up Guam Plebiscite Case". U.S. News & World Report. Associated Press. 5 May 2020. Retrieved 4 September 2020.
  39. ^ Limtiaco, Steve (8 June 2020). "Guam weighs options to salvage political status plebiscite". Pacific Daily News. Retrieved 4 September 2020.
  40. ^ "Archived copy" (PDF). www.nuevoestatutodeeuskadi.net. Archived from the original (PDF) on 15 July 2007. Retrieved 11 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  41. ^ Basaguren, Alberto López (2019). "El País Vasco, el modelo de autonomía territorial y la pretensión constitucional del nacionalismo". Fundamentos: Cuadernos monográficos de teoría del estado, derecho público e historia constitucional (in Spanish) (10): 10.
  42. ^ Torres, Laura G. (19 May 2008). "El Plan Ibarretxe". Rtve.es (in Spanish).
  43. ^ 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.
  44. ^ Frialde, Mike (15 October 2008). "Supreme Court declares ancestral domain deal 'unconstitutional'". The Philippine Star. Retrieved 6 June 2022.
  45. ^ Cayabyab, Marc Jayson (28 October 2014). "2 ex-magistrates clash over Bangsamoro bill's constitutionality". Philippine Daily Inquirer. Retrieved 6 June 2022.
  46. ^ Vanus James; Winford James (27 June 2021). "Reflections on the Constitution (Amendment) (Tobago Self-Government) Bill, 2021". Trinidad & Tobago Newsday. Retrieved 30 September 2021.
  47. ^ CIA (15 July 2010). "Andorra at the CIA's page". CIA. Retrieved 15 July 2010.
  48. ^ "Kiribati". The World Factbook (2024 ed.). Central Intelligence Agency.
  49. ^ CIA (15 July 2010). "Liechtenstein at the CIA's page". CIA. Retrieved 15 July 2010.
  50. ^ CIA (15 July 2010). "Monaco at the CIA's page". CIA. Retrieved 15 July 2010.
  51. ^ CIA (15 July 2010). "Nauru at the CIA's page". CIA. Retrieved 15 July 2010.
  52. ^ "Samoa". The World Factbook (2024 ed.). Central Intelligence Agency.
  53. ^ CIA (15 July 2010). "San Marino at the CIA's page". CIA. Retrieved 15 July 2010.
  54. ^ 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.
  55. ^ Gaebler, Ralph; Shea, Alison (6 June 2014). Sources of State Practice in International Law: Second Revised Edition. Martinus Nijhoff Publishers. ISBN 9789004272224.
  56. ^ "Indo-Bhutan Friendship Treaty" (PDF). (30.6 KiB))
  57. ^ Chawla, Swati (8 February 2019). "How Bhutan Came to Not Be a Part of India". The Wire.
  58. ^ 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.
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