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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.
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] New Zealand does not
consider them to be constitutionally sovereign states due to their continued
use of New Zealand citizenship.[8][15] Both 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 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.
Associated International
Minor partner Associated with Level of association
since status
United States
provides defense,
funding grants, and
United access to U.S. social UN member
Marshall Islands 21 October 1986
States services for citizens state
of these areas under
the Compact of Free
Association.[20]
United States
provides defense,
funding grants, and
United access to U.S. social UN member
Palau 1 October 1994
States services for citizens state
of these areas under
the Compact of Free
Association.[24]
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]
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.
See also
Commonwealth realm
Crown dependency
Dominion
References
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
7. http://www.bu.edu/law/workingpapers-
archive/documents/lawsong_and_sloaner040809rev.pdf
8. 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
14. 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..."
15. 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.
16. Pacific Constitutions Overview, p.7 Archived 5 March 2012 at the Wayback
Machine – Niue Entry, Residence and Departure Act 1985.
17. 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.
18. Government of New Zealand. "Cook Islands Constitution Act 1964" . New
Zealand Parliamentary Counsel Office. Retrieved 21 August 2015.
21. CIA (15 July 2010). "FSM at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
22. CIA (15 July 2010). "Niue at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
23. Government of New Zealand. "Niue Constitution Act 1974" . New Zealand
Parliamentary Counsel Office. Retrieved 21 August 2015.
24. CIA (15 July 2010). "Palau at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
26. https://digitalcommons.macalester.edu/cgi/viewcontent.cgi?
referer=https://www.google.com/&httpsredir=1&article=1000&context=russ_h
onors
27. https://www.files.ethz.ch/isn/450/doc_452_290_en.pdf
28. 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.
31. 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.
32. Post, Kevin Kerrigan and Gaynor D. Daleno | The Guam Daily. "GovGuam hopes
for favorable decision on plebiscite" . The Guam Daily Post.
33. Press, Jennifer Sinco Kelleher, The Associated (12 October 2018). "Guam
pushes for native-only vote on US relationship" . Navy Times.
34. CIA (15 July 2010). "Andorra at the CIA's page" . CIA. Archived from the
original on 10 July 2010. Retrieved 15 July 2010.
37. CIA (15 July 2010). "Monaco at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
38. CIA (15 July 2010). "Nauru at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
40. CIA (15 July 2010). "San Marino at the CIA's page" . CIA. Archived from the
original on 11 July 2010. Retrieved 15 July 2010.
41. 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.
42. Gaebler, Ralph; Shea, Alison (6 June 2014). Sources of State Practice in
International Law: Second Revised Edition . ISBN 9789004272224.
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 .