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Associated state

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

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Anassociated state is the minor partner ordependent territory in a formal, freerelationship between apolitical territory (some of them dependentstates, most of them fullysovereign) and a major party—usually a larger state.

The details of suchfree association are contained inUnited Nations General AssemblyResolution 1541 (XV) Principle VI,[1] aCompact of Free Association orAssociated Statehood Act and are specific to the countries involved. In the case of theCook Islands andNiue, 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 ofNew Zealand and the Cook Islands, and the 2001 Joint Centenary Declaration. Free associated states can be described asindependent or not, but free association is not a qualification of an entity's statehood or status as a subject ofinternational law.

Informally it can be considered more widely: from apost-colonial form of amical protection, orprotectorate, to aconfederation 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 asmarket access.

Origin of the concept

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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 ofWorld War II. Soon after the conclusion of the war, the French colonial territories ofVietnam,Cambodia, andLaos were designated as 'associated states' within the newly createdFrench 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.[2][3] According to some French jurists, the concept of associated state under the1946 French constitution automatically extended to the territories ofMorocco andTunisia, 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.[4] 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.[2] All of the aforementioned associated states eventually became fully independent states.

Puerto Rico has been adependent territory of theUnited States since theSpanish–American War. In the Spanish-language version of its current (1952)constitution it is officially namedEstado Libre Asociado de Puerto Rico, which translates to "Free Associated State of Puerto Rico." It exercises substantial internal self-government similar toU.S. states, and is under the sovereignty of theU.S. Constitution. Unlike theMarshall Islands,Micronesia, andPalau, 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 theUnited Nations and included in the agreement the possibility of future independence. These considerations became relevant in laterSpecial Committee on Decolonisation debates on theWest Indies Associated States.[5]

States currently in a formal association

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The Cook Islands and Niue have the status of "self-government in free association".[6] New Zealand cannot legislate for them,[7][8] and in some situations they are consideredsovereign states.[9] In foreign relations, both interact as sovereign states,[10][11] and they have been allowed to sign on as a state to United Nations treaties and bodies.[10][12] Neither has decided to join the UN, as New Zealand has expressed a view that such a move would lead to their loss of right to automatic acquisition ofNew Zealand citizenship.[6][13] In 2025, Cook Islands prime ministerMark Brown stated that the UN confirmed that the Cook Islands did not meet the requirements for UN membership, and foreign ministerTingika Elikana stated that any future decision to join the UN would require a referendum and reevaluation of the relationship with New Zealand.[14] Additionally, a spokesperson for the New ZealandMinistry of Foreign Affairs and Trade stated that "the Cook Islands is not a fully independent and sovereign state".[15] Both Niue and the Cook Islands have established their own 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 theCompact 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 provides funding 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.[citation needed]

Associated state[note 1]Associated withAssociated sinceLevel of associationInternational status
Cook IslandsNew Zealand4 August 1965New Zealand acts on behalf of the Cook Islands and Niue in foreign affairs and defence issues, but only when requested so by their respective local governments and with theiradvice and consent.[17][18][19][20][21]Not aUN member state.
Independence in foreign relations recognised by the UN
Niue19 October 1974
Marshall IslandsUnited States21 October 1986The United States provides defence, funding grants, and access to U.S. social services for citizens of these areas under theCompact of Free Association.[22][23][24]UN member state
Federated States of Micronesia3 November 1986
Palau1 October 1994

Former associated states

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A formal association existed under the West Indies Act 1967 between theUnited Kingdom and the sixWest Indies Associated States. These were former British colonies in theCaribbean:Antigua (1967–1981),Dominica (1967–1978),Grenada (1967–1974),Saint Christopher-Nevis-Anguilla (1967–1983),Saint Lucia (1967–1979), andSaint Vincent (1969–1979). Under this arrangement, each state had internal self-government, but the UK retained responsibility for foreign relations and defence.[25] The United Nations never determined whether these associated states had achieved a full measure of self-government within the meaning of theUnited Nations Charter and General Assembly resolutions. Within a few years after the status of associated state was created, all six of the former associated states requested and were granted full independence, except forAnguilla within the former St. Kitts-Nevis-Anguilla union, which separated from the associated state before independence and became a British dependent territory on its own.[citation needed]

Shortly before thedissolution of the Soviet Union in 1991, theTatar ASSR unilaterally seceded from theRussian SFSR, as the "sovereign state" ofTatarstan and a "subject of international law". In 1994 Tatarstan and theRussian Federation entered into a treaty 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 defence) 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]

Proposed associated states

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See also:Puerto Rico status referendums

While Puerto Rico is described as a 'free associated state' under its Spanish-language constitution, its status is not equivalent to that of a separate state under international law, since it legally remains aU.S. territory.[31] Some scholars and politicians have proposed Puerto Rico sign aCompact of Free Association with the U.S. Thesoberanista movement advocates for the territory to be granted a freely associated status. The2017 status referendum presented "Independence/Free Association" as an option; if the majority of voters had chosen it, a second round of voting would have been held to choose between free association and full independence. In 2022, the US Congress introduced the Puerto Rico Status Act, which would hold a federally-sponsored referendum on the territory's status, with a free association status expected to be presented as an option[32] similar to those in force in the Marshall Islands, Micronesia, and Palau.[33][34]

Thegovernment of the U.S. unincorporated territory ofGuam, led by then-GovernorEddie Calvo, started campaigning in early 2011 for a plebiscite on Guam's future political status, with free association following the model of the Marshall Islands, Micronesia, and Palau as one of the possible options.[35][36] The plebiscite, however, only allowed "native inhabitants" as defined under Guam law to register for it. Awhite, non-Chamorro resident, Arnold Davis, filed a federal lawsuit in 2011 for being denied registration for the plebiscite and a July 2019 ruling by theUnited States Court of Appeals for the Ninth Circuit ultimately blocked the plebiscite on the basis that the law was race-based and violated constitutionally protected voting rights; theSupreme Court of the United States declined to hear the Government of Guam's appeal in May 2020.[37][38]

A similar path has been proposed in order to update the political relationship between theFaroe Islands andDenmark, in which the former would become an associated state of the latter.[39] In 2000, theLøgting set up the Faroese Treaty Commission which drafted a constitution for a state in free association with Denmark. TheSelf-Government Party supports gradually increased autonomy until it reaches de facto independence.[40]

Tokelau (a dependent territory of New Zealand) voted on areferendum 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 (after the Cook Islands and Niue). While a majority of voters chose free association, the vote did not meet the two-thirds threshold needed for approval. A similarreferendum in October 2007 under United Nations supervision yielded similar results, with the proposed free association falling 16 votes short of approval.[41]

In 1984, areferendum was held on theCocos (Keeling) Islands; only 21 of the 261 voted for free association with Australia while the vast majority preferred integration.[42]

To resolve thecrisis inNew Caledonia,French presidentEmmanuel Macron reportedly proposed an "associated state" status with a "strong link withFrance".[43] The final agreement intended the formation of a "State of New Caledonia" which other states could recognise but its status would be enshrined in the French constitution and remain "French".[44] The 2025Accord de Bougival, that will have to be accepted in the2026 referendum, will transform New Caledonia into a "State of New Caledonia", and transfer some of the French state's powers to this new State.[45]

In 2003, then-Basque CountrypresidentJuan José Ibarretxe proposed to theSpanish Congress of Deputies a reform that would have transformed the region from anautonomous community withinSpain into a state in free association, thus making Spain aconfederal state. The proposal was overwhelmingly rejected by the Congress.[46][47][48]

The establishment of aBangsamoro Juridical Entity (BJE) was proposed in 2008 by theMoro Islamic Liberation Front and thePhilippines. The two parties were to sign a memorandum of agreement on ancestral domain which would lead to the establishment of a new autonomous government in the southern Philippines. However the deal was halted by theSupreme Court of the Philippines, which ruled that the BJE's proposed "associative relationship" with thePhilippine national government was incompatible with theConstitution of the Philippines.[49][50]

Some form of free association has been suggested as a solution to occasional calls ofself-determination by the people ofTobago, the smaller island within the country ofTrinidad and Tobago, either within the single state (analogous to the situation ofScotland within the United Kingdom) or as a separate political entity.[51]

According to statements of officials ofAbkhazia andTransnistria (self-proclaimed partially recognized republics seceded from the formerUSSR'sconstituent republics ofGeorgia andMoldova respectively), both intend, after recognition of their independence, to become associated states of the Russian Federation. In Transnistria areferendum took place in September 2006, in which secession from Moldova and "future free association" with Russia was approved by a margin of 97%, even though the results of the referendum were internationally unrecognised.[citation needed]

Other comparable relationships

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Other situations exist where one state has power over another political unit. Dependent territories and the United Kingdom'sCrown dependencies are examples 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 defence.[citation needed]

States currently ceding power to another state

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Further information:Suzerainty
Associated stateAssociated withAssociated sinceLevel of associationInternational status
AndorraSpain and
France
1278Defence is the responsibility of Spain and France.[52] Andorra is a co-principality between the head of state of France (currently thepresident) and theBishop of Urgell.UN member state
KiribatiAustralia and
New Zealand
1979Kiribati has no military. National defence is provided by Australia and New Zealand.[53]
LiechtensteinSwitzerland1923Although the head of state represents Liechtenstein in its international relations, Switzerland has taken responsibility for much of Liechtenstein's diplomatic relations. Liechtenstein maintains no military.[54]
MonacoFrance1861France has agreed to defend the independence and sovereignty of Monaco, while the Monegasque government has agreed to exercise its sovereign rights in conformity with French interests, which was reaffirmed by theTreaty of Versailles in 1919.[55]
NauruAustralia1968Nauru has no military. Australia informally takes responsibility for its defence.[56]
SamoaNew Zealand1914Samoa has no regular military. New Zealand provides defence under an informal agreement, but Samoa is regarded as fully independent.[57]
San MarinoItaly1939Defence is the responsibility of Italy by arrangement.[58]
TuvaluAustralia1978Tuvalu has no military. Australia informally takes responsibility for its defence.[59]
Vatican CitySwitzerland1506Vatican City uses thePontifical Swiss Guard, founded byPope Julius II and provided by Switzerland, as the Pope's bodyguards.[60]UN General Assembly observer state
Italy1929According to theLateran Treaty, anyone who loses Vatican City citizenship and possesses no other citizenship automatically becomes an Italian citizen. The military defence of the Vatican City is provided by Italy.[60]

States formerly ceding power to another state

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Iceland, formerly part ofDenmark, became a nominally sovereign state in 1918. It remained in a personal union with theDanish Crown and continued to have a common foreign policy with Denmark until 1944, when it became a republic.[61]

Bhutan, a formerprotectorate ofBritish India, agreed in a 1949 treaty to allow the newly independentIndia to guide its foreign relations in a relatively loose form of association, which resulted in Bhutan sometimes being described as a "protected state".[62][63] This relationship was updated in a 2007 treaty, in which the provision requiring Bhutan to accept India's guidance on foreign policy was rescinded.[64]

Microstates as modern protected states

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The existence of free relationship based on both delegation of sovereignty and benign protection can be seen as a defining feature ofmicrostates. According to the definition of microstates proposed by Dumienski (2014): "Microstates are modern protected states, i.e. sovereign states that have been able to unilaterally depute certain attributes of sovereignty to larger powers in exchange for benign protection of their political and economic viability against their geographic or demographic constraints."[65] Adopting this approach permits separating microstates from both small states and autonomies or dependencies. Microstates understood as modern protected states may include such states asLiechtenstein,San Marino,Monaco,Vatican City,Andorra,Niue, theCook Islands, andPalau.[citation needed]

See also

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Notes

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  1. ^Arranged by date of free association.

References

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  1. ^See: theGeneral Assembly of theUnited Nations approvedresolution 1541 (XV)Archived 21 January 2012 at theWayback Machine (pages: 509–510) defining free association with an independent State, integration into an independent State, or independence
  2. ^abIgarashi, Masahiro (2002).Associated Statehood in International Law. The Hague, Netherlands: Kluwer Law International. p. 24.ISBN 90-411-1710-5.
  3. ^"UQAM | Guerre d'Indochine | ASSOCIATED STATES OF INDOCHINA".indochine.uqam.ca.
  4. ^Rivlin, Benjamin (1982). "The United States and Moroccan International Status, 1943-1956: A Contributory Factor in Morocco's Reassertion of Independence from France".The International Journal of African Historical Studies.15 (1):64–82.doi:10.2307/218449.JSTOR 218449.
  5. ^Brij V Lal (22 September 2006)."'Pacific Island talks': Commonwealth Office notes on four-power talks in Washington".British Documents on the End of Empire Project Series B Volume 10: Fiji. University of London: Institute of Commonwealth Studies. p. 308.ISBN 9780112905899.{{cite book}}: CS1 maint: publisher location (link)
  6. ^abCook Islands: Constitutional Status and International Personality, New Zealand Ministry of Foreign Affairs and Trade, May 2005Archived 4 March 2016 at theWayback Machine
  7. ^Cook Islands ConstitutionArchived 24 September 2015 at theWayback Machine "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."
  8. ^Niue Abstracts Part 1 A (General Information); page 18Archived 21 January 2016 at theWayback Machine "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."
  9. ^SeeCourt various statements, page 262–264
  10. ^abRepertory of Practice of United Nations Organs Supplement No. 8; page 10Archived 19 October 2013 at theWayback Machine Cook Islands since 1992, and Niue since 1994.
  11. ^"JOINT CENTENARY DECLARATION of the Principles of the Relationship between the Cook Islands and New Zealand, 6 April 2001"(PDF). Archived fromthe original(PDF) on 27 May 2013.
  12. ^UN Office of Legal AffairsArchived 28 July 2011 at theWayback Machine Page 23, number 86 "...the question of the status, as a State, of the Cook Islands, had been duly decided in the affirmative..."
  13. ^The Cook Islands' unique constitutional and international status, page 9 Cook Islands and Niue do not have citizenship on their own and theCook Islanders andNiueans haveNew Zealand citizenship.
  14. ^Mika, Talaia (4 January 2025)."Cook Islands not qualified for UN membership, says prime minister".Cook Islands News. Retrieved2 June 2025 – via RNZ International.
  15. ^Dziedzic, Stephen; Raela, Johnson (3 April 2025)."Cook Islands PM says a new constitutional agreement with NZ needs to reflect country's increasing independence".ABC News. Archived fromthe original on 7 April 2025. Retrieved4 June 2025.
  16. ^Pacific Constitutions Overview, p.7Archived 5 March 2012 at theWayback Machine – Niue Entry, Residence and Departure Act 1985.
  17. ^CIA (15 July 2010)."The Cook Islands at the CIA's page". CIA. Retrieved15 July 2010.
  18. ^Government of New Zealand."Cook Islands Constitution Act 1964". New Zealand Parliamentary Counsel Office. Retrieved21 August 2015.
  19. ^Government of New Zealand."Cook Islands Constitution Commencement Order 1965". New Zealand Parliamentary Counsel Office. Retrieved21 August 2015.
  20. ^CIA (15 July 2010)."Niue at the CIA's page". CIA. Retrieved15 July 2010.
  21. ^Government of New Zealand."Niue Constitution Act 1974". New Zealand Parliamentary Counsel Office. Retrieved21 August 2015.
  22. ^CIA (15 July 2010)."Marshall Islands at the CIA's page". CIA. Retrieved15 July 2010.
  23. ^CIA (15 July 2010)."FSM at the CIA's page". CIA. Retrieved15 July 2010.
  24. ^CIA (15 July 2010)."Palau at the CIA's page". CIA. Retrieved15 July 2010.
  25. ^Broderick, Margaret (1968). "Associated Statehood: A New Form of Decolonisation".The International and Comparative Law Quarterly.17 (2):368–403.doi:10.1093/iclqaj/17.2.368.JSTOR 757111.
  26. ^Stowe-Thurston, Abigail (29 April 2016)."A State of the Union: Federation and Autonomy in Tatarstan".Russian Studies Honors Projects. Retrieved15 September 2023.
  27. ^"External relations of Tatarstan"(PDF).ethz.ch. Retrieved15 September 2023.
  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.
  29. ^"Fear and Loathing in Russia's Catalonia: Moscow's Fight Against Federalism".War on the Rocks. 31 January 2018.
  30. ^"Tatarstan: Status Under Scrutiny As Lawmakers Change Constitution".Radio Free Europe/Radio Liberty. 9 April 2008.
  31. ^Keitner, Chimène (20 August 2014)."From Conquest to Consent: Puerto Rico and the Prospect of Genuine Free Association".doi:10.2139/ssrn.2484239.SSRN 2484239.
  32. ^Acevedo, Nicole (19 May 2022)."Lawmakers reach consensus on Puerto Rico status bill, call for plebiscite".NBC News.
  33. ^Rodríguez-Orellana, Manuel (1987)."In Contemplation of Micronesia: The Prospects for the Decolonization of Puerto Rico under International Law".The University of Miami Inter-American Law Review.18 (3):457–490.JSTOR 40176161.
  34. ^Rosenblatt, Peter R."The Free Association Status in the Pacific Islands and Its Impact in Puerto Rico and the Caribbean".
  35. ^Post, Kevin Kerrigan and Gaynor D. Daleno | The Guam Daily (13 October 2018)."GovGuam hopes for favorable decision on plebiscite".The Guam Daily Post.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  36. ^Jennifer Sinco Kelleher (12 October 2018)."Guam pushes for native-only vote on US relationship".Navy Times. Associated Press.
  37. ^"US Supreme Court Declines to Take up Guam Plebiscite Case".U.S. News & World Report. Associated Press. 5 May 2020. Retrieved4 September 2020.
  38. ^Limtiaco, Steve (8 June 2020)."Guam weighs options to salvage political status plebiscite".Pacific Daily News. Retrieved4 September 2020.
  39. ^Keitner, Chimène (27 March 2010)."Associate Statehood: Principles and Prospects".SSRN 933739.
  40. ^"Issue on the Cocos (Keeling) Islands"(PDF).Decolonization (21). United Nations Department of Political Affairs, Trusteeship and Decolonization: 10. December 1984.
  41. ^Gregory, Angela (25 October 2007)."Tokelau votes to remain dependent territory of New Zealand".The New Zealand Herald. Archived fromthe original on 25 May 2017. Retrieved16 September 2011.
  42. ^"Municipality of Klaksvik Intercultural Profile". p. 2.
  43. ^Decloitre, Patrick (5 July 2025)."Macron suggests new options for New Caledonia's future status".Radio New Zealand. Retrieved6 July 2025.
  44. ^"France announces 'historic' deal creating New Caledonia state that stays French".France 24. 12 July 2025. Retrieved12 July 2025.
  45. ^"'State of New Caledonia' created in hard-won agreement with French government". 12 July 2025. Retrieved13 July 2025.
  46. ^"Archived copy"(PDF).www.nuevoestatutodeeuskadi.net. Archived from the original on 15 July 2007. Retrieved11 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  47. ^Basaguren, Alberto López (2019)."El País Vasco, el modelo de autonomía territorial y la pretensión constitucional del nacionalismo".Fundamentos: Cuadernos monográficos de teoría del estado, derecho público e historia constitucional (in Spanish) (10): 10.
  48. ^Torres, Laura G. (19 May 2008)."El Plan Ibarretxe".Rtve.es (in Spanish).
  49. ^Frialde, Mike (15 October 2008)."Supreme Court declares ancestral domain deal 'unconstitutional'".The Philippine Star. Retrieved6 June 2022.
  50. ^Cayabyab, Marc Jayson (28 October 2014)."2 ex-magistrates clash over Bangsamoro bill's constitutionality".Philippine Daily Inquirer. Retrieved6 June 2022.
  51. ^Vanus James; Winford James (27 June 2021)."Reflections on the Constitution (Amendment) (Tobago Self-Government) Bill, 2021".Trinidad & Tobago Newsday. Retrieved30 September 2021.
  52. ^CIA (15 July 2010)."Andorra at the CIA's page". CIA. Retrieved15 July 2010.
  53. ^"Kiribati".The World Factbook (2025 ed.).Central Intelligence Agency.
  54. ^CIA (15 July 2010)."Liechtenstein at the CIA's page". CIA. Retrieved15 July 2010.
  55. ^CIA (15 July 2010)."Monaco at the CIA's page". CIA. Retrieved15 July 2010.
  56. ^CIA (15 July 2010)."Nauru at the CIA's page". CIA. Retrieved15 July 2010.
  57. ^"Samoa".The World Factbook (2025 ed.).Central Intelligence Agency.
  58. ^CIA (15 July 2010)."San Marino at the CIA's page". CIA. Retrieved15 July 2010.
  59. ^https://www.dfat.gov.au/sites/default/files/australia-tuvalu-falepili-union-treaty.pdf
  60. ^abCIA (15 July 2010)."Holy See (Vatican City) at the CIA's page". CIA. Archived fromthe original on 11 July 2010. Retrieved15 July 2010.
  61. ^Gaebler, Ralph; Shea, Alison (6 June 2014).Sources of State Practice in International Law: Second Revised Edition. Martinus Nijhoff Publishers.ISBN 9789004272224.
  62. ^"Indo-Bhutan Friendship Treaty"(PDF). (30.6 KiB))
  63. ^Chawla, Swati (8 February 2019)."How Bhutan Came to Not Be a Part of India".The Wire.
  64. ^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.
  65. ^Dumieński, Zbigniew (2014)."Microstates as Modern Protected States: Towards a New Definition of Micro-Statehood"(PDF). Occasional Paper. Centre for Small State Studies. Archived fromthe original(PDF) on 14 July 2014. Retrieved20 August 2014.
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