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Associated state

Minor partner in a formal, free relationship with a typically larger state

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Through State (polity), International relations and International law

The details of such “free association” are contained in United Nations General Assembly Resolution 1541 (XV) Principle VI, 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, the term can be used more loosely: 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.

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. The creation of the three associated states of Indochina was realized in 1949. 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. 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. 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 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.

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.

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