Associated state: Difference between revisions
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{{Anchor|[[Associated States of New Zealand]]}} |
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The Cook Islands and Niue have the status of "self-government in free association".<ref name="mfai">[http://www.mfai.gov.ck/attachments/068_WELLINGTON-1129712-v1-CookIslands%20%20Constitutional%20Status%20and%20International%20Personality%20%20informationpaper.pdf Cook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005]</ref> New Zealand cannot legislate for them,<ref name="indep">[http://www.parliament.gov.ck/Constitution.pdf Cook Islands Constitution] "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."</ref><ref name="abstract">[http://www.niue.de/index.php?did=niueabstracts.pdf Niue Abstracts Part 1 A (General Information); page 18] "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."</ref> and in some situations they are considered [[sovereign state]]s.<ref>See [https://books.google.com/books?id=1peIxEyy1o0C&pg=PA259&lpg=PA259&dq=cook+islands+under+international+law&source=bl&ots=gRhBqU_fHj&sig=srdejf_XnRQ-OJAEFmFBcqRL0Ik&hl=es&ei=EQXrS_TUAYL6lwfcqoGSCw&sa=X&oi=book_result&ct=result&resnum=8&ved=0CD0Q6AEwBzge#v=onepage&q=cook%20islands%20under%20international%20law&f=false Court various statements, page 262-264]</ref> In foreign relations both interact as sovereign states,<ref name="nonUN"/><ref name="JCD">[http://www.cook-islands.org/files/nz-cki.pdf JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001]</ref> and they have been allowed to sign on as a state to [[United Nations|UN]] treaties and bodies.<ref name="nonUN">[http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf Repertory of Practice of United Nations Organs Supplement No. 8; page 10] Cook Islands since 1992, and Niue since 1994.</ref><ref>[http://untreaty.un.org/ola-internet/Assistance/Summary.htm UN Office of Legal Affairs] Page 23, number 86 "...the question of the status, as a State, of the Cook Islands, had been duly decided in the affirmative..."</ref> New Zealand does not consider them to be constitutionally sovereign states due to their continued use of New Zealand [[citizenship]].<ref name="mfai"/>{{refn|1=[http://www.cookislands.de/index.php?did=cookisstatus.pdf 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 [[Niue]]ans have [[New Zealand citizenship]].}} Both have established their own nationality and immigration regimes.<ref>[http://www.upf.pf/IMG/pdf/12-RJP15-Pacific-Constitutions.pdf Pacific Constitutions Overview, p.7] - Niue Entry, Residence and Departure Act 1985.</ref> |
The Cook Islands and Niue have the status of "self-government in free association".<ref name="mfai">[http://www.mfai.gov.ck/attachments/068_WELLINGTON-1129712-v1-CookIslands%20%20Constitutional%20Status%20and%20International%20Personality%20%20informationpaper.pdf Cook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005]</ref> New Zealand cannot legislate for them,<ref name="indep">[http://www.parliament.gov.ck/Constitution.pdf Cook Islands Constitution] "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."</ref><ref name="abstract">[http://www.niue.de/index.php?did=niueabstracts.pdf Niue Abstracts Part 1 A (General Information); page 18] {{wayback|url=http://www.niue.de/index.php?did=niueabstracts.pdf |date=20160121015618 }} "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."</ref> and in some situations they are considered [[sovereign state]]s.<ref>See [https://books.google.com/books?id=1peIxEyy1o0C&pg=PA259&lpg=PA259&dq=cook+islands+under+international+law&source=bl&ots=gRhBqU_fHj&sig=srdejf_XnRQ-OJAEFmFBcqRL0Ik&hl=es&ei=EQXrS_TUAYL6lwfcqoGSCw&sa=X&oi=book_result&ct=result&resnum=8&ved=0CD0Q6AEwBzge#v=onepage&q=cook%20islands%20under%20international%20law&f=false Court various statements, page 262-264]</ref> In foreign relations both interact as sovereign states,<ref name="nonUN"/><ref name="JCD">[http://www.cook-islands.org/files/nz-cki.pdf JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001] {{wayback|url=http://www.cook-islands.org/files/nz-cki.pdf |date=20130527152705 }}</ref> and they have been allowed to sign on as a state to [[United Nations|UN]] treaties and bodies.<ref name="nonUN">[http://legal.un.org/repertory/art102/english/rep_supp8_vol6-art102_e_advance.pdf Repertory of Practice of United Nations Organs Supplement No. 8; page 10] Cook Islands since 1992, and Niue since 1994.</ref><ref>[http://untreaty.un.org/ola-internet/Assistance/Summary.htm UN Office of Legal Affairs] {{wayback|url=http://untreaty.un.org/ola-internet/Assistance/Summary.htm |date=20110728142815 }} Page 23, number 86 "...the question of the status, as a State, of the Cook Islands, had been duly decided in the affirmative..."</ref> New Zealand does not consider them to be constitutionally sovereign states due to their continued use of New Zealand [[citizenship]].<ref name="mfai"/>{{refn|1=[http://www.cookislands.de/index.php?did=cookisstatus.pdf 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 [[Niue]]ans have [[New Zealand citizenship]].}} Both have established their own nationality and immigration regimes.<ref>[http://www.upf.pf/IMG/pdf/12-RJP15-Pacific-Constitutions.pdf Pacific Constitutions Overview, p.7] {{wayback|url=http://www.upf.pf/IMG/pdf/12-RJP15-Pacific-Constitutions.pdf |date=20120305064608 }} - Niue Entry, Residence and Departure Act 1985.</ref> |
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[[Tokelau]] (a [[dependent territory]] of [[New Zealand]]) voted on a [[Tokelauan self-determination referendum, 2006|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. While a majority of voters chose free association, the vote did not meet the two-thirds threshold needed for approval. A repeat [[Tokelauan self-determination referendum, 2007|referendum in October 2007]] under [[United Nations]] supervision yielded similar results, with the proposed free association falling 16 votes short of approval.<ref name="NZ_Herald_10472094">{{cite web |url=http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10472094 |title=Tokelau votes to remain dependent territory of New Zealand |author=Gregory, Angela |date=25 October 2007 |work=[[The New Zealand Herald]] |accessdate=16 September 2011}}</ref> |
[[Tokelau]] (a [[dependent territory]] of [[New Zealand]]) voted on a [[Tokelauan self-determination referendum, 2006|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. While a majority of voters chose free association, the vote did not meet the two-thirds threshold needed for approval. A repeat [[Tokelauan self-determination referendum, 2007|referendum in October 2007]] under [[United Nations]] supervision yielded similar results, with the proposed free association falling 16 votes short of approval.<ref name="NZ_Herald_10472094">{{cite web |url=http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10472094 |title=Tokelau votes to remain dependent territory of New Zealand |author=Gregory, Angela |date=25 October 2007 |work=[[The New Zealand Herald]] |accessdate=16 September 2011}}</ref> |
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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.
States in a formal association
| Minor partner | Associated with | Level of association |
|---|---|---|
 Cook Islands
|
 New Zealand,since 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.[3][4][5] |
 Marshall Islands
|
 United States,since 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.[6] |
 Federated States of Micronesia
|
United States, since 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.[7] |
 Niue
|
New Zealand, since 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.[8][9] |
 Palau
|
United States, since 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.[10] |
The Commonwealth of the Philippines was the first associated state of the United States. From 1935 to 1946, the foreign affairs and military of the commonwealth were handled by the United States although it was otherwise constitutionally separate and independent in domestic matters.
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 defence; the U.S. federal government fund grants an 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.
The Cook Islands and Niue have the status of "self-government in free association".[11] New Zealand cannot legislate for them,[12][13] and in some situations they are considered sovereign states.[14] In foreign relations both interact as sovereign states,[15][16] and they have been allowed to sign on as a state to UN treaties and bodies.[15][17] New Zealand does not consider them to be constitutionally sovereign states due to their continued use of New Zealand citizenship.[11][18] Both have established their own nationality and immigration regimes.[19]
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. 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.[20]
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/or defence.
States ceding power to another state
| Minor partner | Associated with | Level of association |
|---|---|---|
 Andorra
|
 Spain and France, since 1278
|
Responsibility for defending Andorra rests with Spain and France.[21] |
 Kiribati
|
 Australia and New Zealand
|
Kiribati has no military. National defence is provided by Australia and New Zealand.[22] |
 Liechtenstein
|
 Switzerland,since 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 defence.[23] |
 Monaco
|
France, since 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.[24] |
 Nauru
|
Australia, since 1968
|
Nauru has no military. Australia informally takes responsibility for its defence.[25] |
 Samoa
|
New Zealand
|
Samoa has no regular military. New Zealand provides defence under an informal agreement.[26] |
 San Marino
|
 Italy
|
Responsibility for defending San Marino rests with Italy.[27] |
 Vatican City
|
Switzerland, since 1506, and Italy, since 1929
|
According to the Lateran Treaty, anyone who loses Vatican 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 Swiss Guard, founded by Pope Julius II and provided by Switzerland, as the Pope's bodyguards.[28] |
The foreign affairs of Bhutan, a Himalayan Buddhist monarchy, were partially handled by the neighbouring republic India (from 1949 to 2007[29]), which thus in a sense succeeds its former colonizer Britain's role as protector, in a loose form of association, although Bhutan is otherwise constitutionally separate and independent in all other matters. A similar relationship existed between Sikkim and India from 1950 until 1975, when Sikkim became a state of India.[citation needed]
According to a law of the Republic of Tatarstan (1990–2000) and the Treaty of Mutual Delegation of Powers between it and the Russian Federation (1994), from 1994 to 2000 Tatarstan was considered a sovereign state under international law, but associated with Russia.
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 unrecognised.
Former Commonwealth associated states
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 full control over its constitution. 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.
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. The examples of microstates understood as modern protected states include such states as: Liechtenstein, San Marino, Monaco, Niue, the Cook Islands or Palau.
See also
- Constituent country
- Dominion
- Commonwealth realm
- Crown dependency
- External association, 1921 proposed relationship between Ireland and the United Kingdom
References
- ^ See: the General Assembly of the United Nations approved resolution 1541 (XV) (pages:509-510) defining free association with an independent State, integration into an independent State, or independence
- ^ 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}}: Cite journal requires|journal=(help) - ^ CIA (2010-07-15). "The Cook Islands at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Government of New Zealand. "Cook Islands Constitution Act 1964". New Zealand Parliamentary Counsel Office. Retrieved 2015-08-21.
- ^ Government of New Zealand. "Cook Islands Constitution Commencement Order 1965". New Zealand Parliamentary Counsel Office. Retrieved 2015-08-21.
- ^ CIA (2010-07-15). "Marshall Islands at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2010-07-15). "FSM at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2010-07-15). "Niue at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Government of New Zealand. "Niue Constitution Act 1974". New Zealand Parliamentary Counsel Office. Retrieved 2015-08-21.
- ^ CIA (2010-07-15). "Palau at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ a b Cook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005
- ^ Cook Islands Constitution "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."
- ^ Niue Abstracts Part 1 A (General Information); page 18 Archived 2016-01-21 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."
- ^ See Court various statements, page 262-264
- ^ a b Repertory of Practice of United Nations Organs Supplement No. 8; page 10 Cook Islands since 1992, and Niue since 1994.
- ^ JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001 Archived 2013-05-27 at the Wayback Machine
- ^ UN Office of Legal Affairs Archived 2011-07-28 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..."
- ^ 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.
- ^ Pacific Constitutions Overview, p.7 Archived 2012-03-05 at the Wayback Machine - Niue Entry, Residence and Departure Act 1985.
- ^ Gregory, Angela (25 October 2007). "Tokelau votes to remain dependent territory of New Zealand". The New Zealand Herald. Retrieved 16 September 2011.
- ^ CIA (2010-07-15). "Andorra at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ "Kiribati at the CIA's page". CIA. Retrieved 2012-11-02.
- ^ CIA (2010-07-15). "Liechtenstein at the CIA's page". CIA. Archived from the original on 10 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2010-07-15). "Monaco at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2010-07-15). "Nauru at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2012-11-03). "Samoa at the CIA's page".
- ^ CIA (2010-07-15). "San Marino at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ CIA (2010-07-15). "Holy See (Vatican City) at the CIA's page". CIA. Archived from the original on 11 July 2010. Retrieved 2010-07-15.
{{cite web}}: Unknown parameter|deadurl=ignored (|url-status=suggested) (help) - ^ Template:PDFlink)