State: Kinds of State | Public International Law - CLAT PG PDF Download

Kinds of State

• Federal states and confederations
• Protected and vassal states and protectorates
• Condominium
• Trust territories
• Neutralised states

Federal States and Confederations

Federal states and confederations are primarily distinguished by a constitutional division of sovereign competences between the federal or central authority and the authorities of the federated entities.

Confederations
Confederations are voluntary associations of independent states that come together for common purposes while retaining their independence. Key characteristics include:

• Voluntary association: Member states join voluntarily to achieve common goals.
• Lack of central authority: Confederations lack a strong central government or executive authority.
• Equal status: Member states are generally considered equal and retain their separate military and diplomatic capabilities.
• Right of secession: Members typically have the right to withdraw from the confederation.
• Path to federalism: Confederations can be a step towards a more centralized federal union.

Examples of confederations include the federal union of modern Switzerland, the Articles of Confederation in the United States, and historical instances like the British Commonwealth.

Protectorate States

• Surrender of authority: The weaker state transfers the management of important international affairs to the protecting state.
• International union: A legal relationship is established between the two states, with the protecting state being internationally superior.
• Loss of sovereignty: The protected state loses full sovereignty and becomes a partially sovereign entity.
• International guardianship: Protectorates are often seen as a form of international guardianship.

Neutralised State

A neutralised state is one whose independence and integrity are guaranteed by an international agreement among major powers. Key features include:

• Guaranteed independence: The state’s independence is protected by an international convention.
• Restrictions on warfare: The state commits not to engage in armed conflict except for self-defense.
• Avoidance of entanglements: The state avoids international obligations that could lead to war.

Condominium State

• Joint governance: Multiple sovereign powers share responsibilities for the territory.
• Theoretical concept: While recognized in theory, practical examples of condominium arrangements are rare.
• Historical examples: Germany, Austria, and Switzerland share a triple condominium over parts of Lake Constance. Germany and Luxembourg have a condominium over the Moselle River and its tributaries. Other examples include Pheasant Island and proposed condominia like Hans Island.