1. Professor of International Law, The Fletcher School of Law and Diplomacy, Tufts University, Medford, Massachusetts, USA.
2. "Kashmir" is used here to refer generally to the entire territory of the erstwhile princely state of Jammu and Kashmir, which is now under the respective control of India, Pakistan, and China, unless the context makes it clear that only part of the territory is included. Reference to "Indian" or "Pakistani" Kashmir refers to the territories under the control of the respective states, without implying any conclusions as to the present status of those territories under international law
3. The status of associated statehood is discussed below, in Part II.
4. Aland Autonomy Act (1991), sec. 7.
5. Basic Law of the Hong Kong Special Administrative Region (1990), art. 24.6. Aland Autonomy Act (199 1), sec. 10.
7. Indian Constitution, Fifth Schedule, sec. 5.
8. Autonomy Statute for the Regions of the Atlantic Coast of Nicaragua (1987), art. 36.
9. Niue Constitution, sec. 33.
10. Malaysian Constitution, art. 89.
11. Belgian Constitution, art. 25ter.
12. Autonomy Statute for the South Tyrol (1972), arts. 90-93.
13. Basic Law of the Hong Kong Special Administrative Region (1990) art. 82. taxation by the central government, retains full control over monetary matters, and is a separate customs territory from mainland China. Hong Kong also may be unique in retaining its own currency, the Hong Kong dollar, which is not linked to the currency of China.
14. See id, arts. 105-119.
15. Niue Constitution Act 1974, sec. 7; Niuean Constitution, secs. 60, 64-67.
16. St. Kitts and Nevis Constitution Act 1983, sec. 110.
17. E.g., all taxes on power and gas, 90% of real property and personal income taxes, 90% of the concessions received for hydroelectric power (an important revenue source in the area), and various other taxes. Italy also contributes a proportion of VAT and other taxes, as determined by annual negotiations between South Tyrol and the central government, "with the aim of assisting the finances of the Autonomous Provinces in attaining the goals and in exercising the duties established by law". See Autonomy Statute for the South Tyrol, arts. 69-78.
18 .See Aland Autonomy Act (1991), secs. 45-47.
19 .See, e.g., Basque Autonomy Statute (1979), art. 41.
20. Belgian Constitution, arts. 59bis(2)(3), 59bis(2bis), 59ter(2).
21. See Basic Law of the Hong Kong Special Administrative Region (1990), arts. 150-157.
22. The Holy See or Vatican is generally considered to be a state; it enjoys diplomatic relations with many states and is a subject of international law separate from Italy. However, its unique situation and history limit its value as a precedent.
23. Membership in ICAO is open to UN members states and "States associated with them". Convention on International Civil Aviation (1944), art. 92(a).
24. Membership of these territories is based on historical precedent; new members are limited to UN members or any other "sovereign country" accepted by two-thirds of the existing ITU membership. See art. I of the ITU Constitution.
25. Membership in the FAO is open to "nations" (which appears to mean independent states) and to "regional economic integration organizations"; the latter must be constituted by "sovereign States." Associate membership is available to any territory or group of territories upon application of the member that has responsibility for the territory's international relations. FAO Constitution, art. 2.
26. Territories or groups of territories may be admitted as Associate Members of UNESCO, upon application of the state responsible for their international relations. UNESCO Constitution, art. 2.
27. As is the case for the ITU, art. 11(2) of the constitution of the UPU permits any "sovereign country" to apply for membership; the self-governing members listed here were admitted prior to 1947, when the "sovereign" requirement was introduced.
28. Associate membership is open to territories which are not responsible for the conduct of their international relations upon application of the state which is so responsible.
29. Membership is open to any territory which maintains its own meteorological service, provided that the application for membership is presented by the state responsible for the territory's international relations.
30. Associate membership is available to a territory upon application of the state responsible for the territory's international relations.
31. The Caribbean island of Saint Martin/Sint Maarten is divided into two parts administered by France and the Netherlands, respectively, but the two parts are governed separately rather than jointly. Additionally, from 1899 to 1956, the Anglo-Egyptian Sudan was nominally a condominium; but as Egypt itself was under British domination for almost all of that period, the condominium status proved to be no more than a legal fiction.
32. GA Res. 1541 (XV) (1960).
33. GA Res. 2625 (XXV) (1970).
34. GA Res. 1541, Principle VII(b).
35. Of course, a right of secession may be included in the constitution of any state, outside the context of free association. This is the case in Nevis, for example, which has the right to secede from St. Kitts and Nevis upon a vote of two-thirds of the Nevis legislature and two-thirds of those voting in a popular referendum.
36. The agreements are set forth in 48 U.S.Code § 1901 et seq.
37. The "Covenant" between the Northern Marianas and the U.S. is set forth at 48 U.S.Code § 1801 et seq. An earlier example of a U.S. commonwealth is Puerto Rico, where debate continues over whether commonwealth, statehood (as part of the United States), or independence is most desirable; independence has thus far received support from only a small portion of the population.