Federated state

"Federated states" redirects here. For the western Pacific state, see Federated States of Micronesia.
Not to be confused with Federation or Federal republic.
Federated states of various types exist within many of the modern federal states (represented in green)

A federated state (also state, province, region, canton, land, governorate, oblast, emirate, or country) is a territorial and constitutional community forming part of a federation.[1] A federated state does not have international sovereignty since powers are divided between the other federated states and the federal government. Unlike international sovereign states, which have what is often referred to as Westphalian sovereignty (such as exercised by their federal government), federated states operate under their domestic or federal law with relation to the rest of the world.

Importantly, federated states do not have automatic standing as entities of international law. Instead, the federal union (federation) as a single entity is the sovereign state for purposes of international law.[2] Depending on the constitutional structure of a particular federation, a federated state can hold various degrees of legislative, judicial, and administrative jurisdiction over a defined geographic territory and is a form of regional government. A federated state may nonetheless establish offices internationally, for example, to promote trade or tourism, while still operating only within the trade policy or other applicable law of their federation, and their host country. They also may enter into international regional agreements under the laws of their federation and state, such as to protect a cross-border resource like water or other shared matters.

In some cases, a federation is created from the union of political entities that are either independent or dependent territories of another sovereign entity (most commonly a colonial power).[A] In other cases, federated states have been created out of the administrative divisions of previously unitary states.[B] Once a federal constitution is formed, the rules governing the relationship between federal and regional powers become part of the country's constitutional law and not international law.

In countries with federal constitutions, there is a division of power between the central government and the component states. These entities – states, provinces, counties, cantons, Länder, etc. – are partially self-governing and are afforded a degree of constitutionally guaranteed autonomy that varies substantially from one federation to another.[C] Depending on the form the decentralization of powers takes, a federated state's legislative powers may or may not be overruled or vetoed by the federal government. Laws governing the relationship between federal and regional powers can be amended through the national or federal constitution, and, if they exist, state constitutions as well.

In terms of internal politics, federated states can have republican or monarchical forms of government. Those of republican form (federated republics) are usually called states (like states of the US) or republics (like republics in the former USSR).

  1. ^ The Australian National Dictionary: Fourth Edition, pg 1395. (2004) Canberra. ISBN 978-0-19-551771-2.
  2. ^ Crawford, J. (2006). The Creation of States in International Law. Oxford, Clarendon Press.


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