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).
List of constituents by federation
The federated units in the table below have inherent governmental authority in the federation's constitutional system, while the "other units" are delegated authority by the federal government or are administered directly by it.[citation needed]
^This occurred in Belgium in 1993. The Belgian regions had previously devolved powers.
^For instance, Canadian provinces and Swiss cantons possess substantially more powers and enjoy more protection against interference and infringements from the central government than most non-Western federations.
^Flanders and Wallonia are subdivided into five provinces each, which are mandated by the Constitution of Belgium. Provincial governance is the responsibility of the regional governments.
^The communities and regions of Belgium are separate government institutions with different areas of responsibility. The communities are organized based on linguistic boundaries, which are different from regional boundaries.
^The Brazilian federal district has a level of self-ruling equal to the other main federal units.
^ abcdefghSovereignty over territory actively disputed by another sovereign state or the international community.
^Has the authority to manage its internal affairs, provided it does not conflict with the provisions of the constitution of Iraq and/or the exclusive jurisdiction of the federal government.
^ abcdefClaimed by Ukraine and considered by most of the international community to be part of Ukraine.
^Adopted constitution accommodates existing regional governments, with the ultimate number and boundaries of the Federal Member States to be determined by the House of the People of the Federal Parliament.
References
^The Australian National Dictionary: Fourth Edition, pg 1395. (2004) Canberra. ISBN978-0-19-551771-2.
^Crawford, J. (2006). The Creation of States in International Law. Oxford, Clarendon Press.