|
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,〔''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 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. 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 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== 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".〔(Cook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005 )〕 New Zealand cannot legislate for them,〔(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 ) "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."〕 and in some situations they are considered sovereign states.〔See (Court various statements, page 262-264 )〕 In foreign relations both interact as sovereign states,〔〔(JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001 )〕 and they have been allowed to sign on as a state to UN treaties and bodies.〔(Repertory of Practice of United Nations Organs Supplement No. 8; page 10 ) Cook Islands since 1992, and Niue since 1994.〕〔(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..."〕 New Zealand does not consider them to be constitutionally sovereign states due to their continued use of New Zealand citizenship.〔 Both have established their own nationality and immigration regimes.〔(Pacific Constitutions Overview, p.7 ) - Niue Entry, Residence and Departure Act 1985.〕 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. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Associated state」の詳細全文を読む スポンサード リンク
|