Union of sovereign states linked by treaty
A
confederation
(also known as a
confederacy
or
league
) is a political union of
sovereign states
united for purposes of common action.
[1]
Usually created by a
treaty
, confederations of states tend to be established for dealing with critical issues, such as defence, foreign relations, internal trade or currency, with the central government being required to provide support for all its members. Confederalism represents a main form of
intergovernmentalism
, defined as any form of interaction around states that takes place on the basis of sovereign independence or government.
The nature of the relationship among the member states constituting a confederation varies considerably. Likewise, the relationship between the member states and the general government and their distribution of powers varies. Some looser confederations are similar to
international organisations
. Other confederations with stricter rules may resemble
federal systems
.
Since the member states of a confederation retain their sovereignty, they have an implicit right of
secession
. The political philosopher
Emmerich de Vattel
said: "Several sovereign and independent states may unite themselves together by a perpetual confederacy without each, in particular, ceasing to be a perfect state.... The deliberations in common will offer no violence to the sovereignty of each member".
[2]
Under a confederation, compared to a
federal state
, the central authority is relatively weak.
[3]
Decisions made by the general government in a unicameral legislature, a council of the member states, require subsequent implementation by the member states to take effect; they are not laws acting directly upon the individual but have more the character of interstate agreements.
[4]
Also, decision-making in the general government usually proceeds by consensus (unanimity), not by the majority. Historically, those features limit the union's effectiveness. Hence, political pressure tends to build over time for the transition to a federal system of government, as in the American, Swiss and German cases of
regional integration
.
Confederated states
[
edit
]
In terms of internal structure, every confederal state is composed of two or more constituent states, referred to as
confederated states
. Regarding their
political systems
, confederated states can have
republican
or
monarchical
forms of government. Those that have a republican form (confederated republics) are usually called
states
(like states of the American
Confederacy
, 1861-1865) or
republics
(like
republics
of
Serbia
and
Montenegro
within the former
State Union of Serbia and Montenegro
, 2003-2006).
Those that have a monarchical form of government (confederated monarchies) are defined by various hierarchical ranks (like kingdoms of
Iraq
and
Jordan
within the
Hashemite Arab Union
in 1958).
Examples
[
edit
]
Belgium
[
edit
]
Many scholars have claimed that the
Kingdom of Belgium
, a country with a complicated federal structure has adopted some characteristics of a confederation under the pressure of separatist movements, especially in
Flanders
. For example, C. E. Lagasse declared that Belgium was "near the political system of a Confederation" regarding the constitutional reform agreements between Belgian
Regions
and between
Communities
,
[6]
and the director of the
Centre de recherche et d'information socio-politiques
(CRISP)
Vincent de Coorebyter
[7]
called Belgium "undoubtedly a federation...[with] some aspects of a confederation" in
Le Soir
.
[8]
Also in
Le Soir
, Michel Quevit of the
Catholic University of Louvain
wrote that the "Belgian political system is already in dynamics of a Confederation".
[9]
[10]
Nevertheless, the Belgian regions and the linguistic communities do not have the autonomy to leave the Belgian state. As such, federal aspects still dominate. Also, for fiscal policy and public finances, the federal state dominates the other levels of government.
[
citation needed
]
The increasingly-confederal aspects of the Belgian Federal State appear to be a political reflection of the profound cultural, sociological and economic differences between the
Flemish
(Belgians who speak Dutch or Dutch dialects) and the
Walloons
(Belgians who speak French or French dialects).
[11]
For example, in the last several decades, over 95% of Belgians have voted for political parties that represent voters from only one community, the separatist
N-VA
being the party with the most voter support among the Flemish population. Parties that strongly advocate Belgian unity and appeal to voters of both communities usually play only a marginal role in nationwide general elections. The system in Belgium is known as
consociationalism
.
[12]
[13]
That makes Belgium fundamentally different from federal countries like
Switzerland
,
Canada
,
Germany
and
Australia
. National parties receive over 90% of voter support in those countries. The only geographical areas comparable with Belgium within Europe are
Catalonia
, the
Basque Country
(both part of
Spain
),
Northern Ireland
and
Scotland
(both part of the
United Kingdom
) and parts of
Italy
, where a massive voter turnout for regional (and often separatist) political parties has become the rule in the last decades, and nationwide parties advocating national unity draw around half or sometimes less of the votes.
Benelux
[
edit
]
The
Benelux
is a politico-economic union of the states of
Belgium
, the
Netherlands
, and
Luxembourg
bound through treaties and based on consensus between the representatives of the member states.
They partially share a common foreign policy, especially in regards to their navies through the
BeNeSam
. The Dutch defence minister (2010?2012)
Hans Hillen
even said on Belgian radio that it is not impossible that the three armed forces of the member-states could be integrated into "Benelux Armed Forces" one day.
Because of this the Benelux is sometimes labeled as a "kind of confederation" by, for example, Belgian
Minister of State
Mark Eyskens.
[14]
[15]
Canada
[
edit
]
In
Canada
, the word
confederation
has an additional unrelated meaning.
[16]
"
Confederation
" refers to the process of (or the event of) establishing or joining the Canadian federal state.
In modern terminology, Canada is a federation, not a confederation.
[17]
However, to contemporaries of the
Constitution Act, 1867
,
confederation
did not have the same connotation of a weakly-centralized federation.
[18]
Canadian Confederation
generally refers to the
Constitution Act, 1867
, which formed the
Dominion of Canada
from three of the colonies of
British North America
, and to the subsequent incorporation of other colonies and territories. Beginning on 1 July 1867, it was initially a self-governing
dominion
of the British Empire with a
federal structure
, whose government was led by Sir
John A. Macdonald
. The initial colonies involved were the
Province of Canada
(becoming
Quebec
from Canada East, formerly the colony of
Lower Canada
; and
Ontario
from Canada West, formerly the colony of
Upper Canada
),
Nova Scotia
, and
New Brunswick
. Later participants were
Manitoba
,
British Columbia
,
Prince Edward Island
,
Alberta
and
Saskatchewan
(the latter two created in 1905 as federated provinces from parts of the directly federally administered
Northwest Territories
, first transferred to the Dominion in 1869 and now possessing
devolved
governments as itself,
Yukon
and
Nunavut
), and finally Newfoundland (now
Newfoundland and Labrador
) in 1949. Canada is an unusually decentralized
federal state
, not a confederate association of sovereign states,
[16]
the usual meaning of
confederation
in modern terms. A Canadian judicial constitutional interpretation,
Reference Re Secession of Quebec
, and a subsequent
federal
law, set forth negotiating conditions for a
Canadian province
(though not a
territory
) to leave the Canadian federal state (addressed also by
a related Quebec law
). Importantly, negotiation would first need triggering by referendum and executing by constitutional amendment using a current amending mechanism of Canada's constitution?meaning that, while not legal under the current constitution, it is democratically feasible without resorting to extralegal means or international involvement.
European Union
[
edit
]
Its unique nature and the political sensitivities surrounding it cause there to be no common or legal classification for the
European Union
(EU). However, it bears some resemblance to both a confederation
[19]
(or a "new" type of confederation) and a federation.
[20]
The term
supranational union
has also been applied. The EU operates common economic policies with hundreds of common laws, which enable a
single economic market
, a
common customs territory
, (mainly)
open internal borders
, and a
common currency
among most member-states. However, unlike a federation, the EU does not have exclusive powers over foreign affairs, defence, taxation, along with the immigration and transit of non-EU nationals. Furthermore, most
EU laws
, which have been developed by consensus between
relevant national government ministers
and then scrutinised and approved or rejected by the
European Parliament
, must be
transposed
into national law by national parliaments. Most collective decisions by member states are taken by
weighted majorities and blocking minorities
typical of upper houses in federations. On the other hand, the absolute unanimity typical of intergovernmentalism is required only in respect to the
Common Foreign and Security Policy
, as well as in situations when ratification of a treaty or of a treaty amendment is required. Such a form may thus be described as a semi-intergovernmental confederation.
However, some academic observers more usually discuss the EU in the terms of it being a federation.
[21]
[22]
As the international law professor
Joseph H. H. Weiler
(of the
Hague Academy
and
New York University
) wrote, "Europe has charted its own brand of constitutional federalism".
[23]
Jean-Michel Josselin and Alain Marciano see the
European Court of Justice
in Luxembourg City as being a primary force behind the building of a federal legal order for the EU,
[22]
with Josselin stating that a "complete shift from a confederation to a federation would have required to straight-forwardly replace the principality of the member states vis-a-vis the Union by that of the European citizens. As a consequence, both confederate and federate features coexist in the judicial landscape".
[24]
Rutgers
political science professor
R. Daniel Kelemen
said: "Those uncomfortable using the 'F' word in the EU context should feel free to refer to it as a quasi-federal or federal-like system. Nevertheless, the EU has the necessary attributes of a federal system. It is striking that while many scholars of the EU continue to resist analyzing it as a federation, most contemporary students of federalism view the EU as a federal system".
[25]
Thomas Risse and Tanja A. Borzel claim that the "EU only lacks two significant features of a federation. First, the Member States remain the "masters" of the treaties, i.e., they have the exclusive power to amend or change the constitutive treaties of the EU. Second, the EU lacks a real "tax and spend" capacity, in other words, there is no fiscal federalism".
[26]
Valery Giscard d'Estaing
, the chairman of the body of experts commissioned to elaborate a constitutional charter for the European Union, was confronted with strong opposition from the United Kingdom towards including the words "federal" or "federation" in the unratified
European Constitution
and the word was replaced with either "Community" or "Union".
[27]
A majority of the
Political Groups in the European Parliament
, including the
EPP
, the
S&D Group
and
Renew Europe
, support a federal model for the European Union. The
ECR Group
argues for a reformed European Union along confederal lines. The
Brothers of Italy
party, led by
Giorgia Meloni
, campaigns for a confederal Europe. On her election as President of the ECR Party in September 2020 Meloni said, "Let us continue to fight together for a confederate Europe of free and sovereign states".
[28]
[29]
Indigenous confederations in North America
[
edit
]
In the context of the history of the
indigenous peoples of the Americas
, a confederacy may refer to a semi-permanent political and military alliance consisting of multiple nations (or "tribes", "bands", or "villages"), which maintained their separate leadership. One of the most well-known is the
Haudenosaunee
(or Iroquois), but there were many others during different eras and locations across
North America
, such as the
Wabanaki Confederacy
,
Western Confederacy
,
Tsenacommacah
,
Seven Nations of Canada
,
Pontiac's Confederacy
,
Pennacook Confederacy
,
Illinois Confederation
,
Tecumseh's Confederacy
,
Muscogee Confederacy
,
Great Sioux Nation
,
Blackfoot Confederacy
,
Warm Springs Confederacy
,
Manahoac Confederacy
,
Iron Confederacy
and
Council of Three Fires
.
The Haudenosaunee Confederacy, historically known as the Iroquois League or the League of Five (later Six) Nations, is the country of
Native Americans
(in what is now the United States) and
First Nations
(in what is now Canada) that consists of six nations: the
Mohawk
, the
Oneida
, the
Onondaga
, the
Cayuga
, the
Seneca
and the
Tuscarora
. The Six Nations have a representative government known as the Grand Council which is the oldest governmental institution still maintaining its original form in North America.
[30]
Each clan from the five nations sends chiefs to act as representatives and make decisions for the whole confederation. It has been operating since its foundation in 1142 despite limited international recognition today.
Indigenous confederations in South America
[
edit
]
Several of the
Pre-Columbian cultures of Colombia
, such as the
Muisca
and
Tairona
were composed of loose confederations. The Muisca form of government consisted of two different
rulers
that governed a region in the central Andean highlands in present-day Colombia. The
Hoa
ruled the northern section of the confederation, while the
Zipa
ruled the southern portion.
The
Andean civilizations
consisted of loose confederations, such as the
Aymara kingdoms
and the
Diaguita
, with the former being composed of distinct diarchies.
Serbia and Montenegro
[
edit
]
In 2003,
Federal Republic of Yugoslavia
was transformed into the
State Union of Serbia and Montenegro
, a confederation of the
Republic of Montenegro
and the
Republic of Serbia
. The state was constituted as a loose
political union
, but formally functioned as a sovereign subject of international law, and member of the
United Nations
. As a confederation, the State Union of Serbia and Montenegro had very few shared functions, such as defense, foreign affairs and a weak
common president
,
ministerial council
and
parliament
.
The two
constituent republics
functioned separately throughout the period of its short existence, and they continued to operate under separate economic policies and to use separate currencies (the
euro
was and still is the only legal tender in Montenegro, and the
dinar
was and still is the legal tender in Serbia). On 21 May 2006, the
Montenegrin independence referendum
was held. The final official results indicated on 31 May that 55.5% of voters voted in favor of independence. The confederation effectively came to an end after Montenegro's formal declaration of independence on 3 June 2006 and Serbia's formal declaration of independence on 5 June.
Switzerland
[
edit
]
Switzerland
, officially known as the
Swiss Confederation
,
[31]
[32]
[33]
is an example of a modern country that traditionally refers to itself as a confederation because the official (and traditional) name of Switzerland in German (
the majority language of the Swiss
) is
Schweizerische
Eidgenossenschaft
(literally "Swiss Comradeship by Oath"), an expression which was translated into the
Latin
Confoederatio Helvetica
(Helvetic Confederation). It had been a confederacy since its inception in
1291
as the
Old Swiss Confederacy
, which was originally created as an alliance among the valley communities of the central
Alps
, until it became a federation in 1848 but it retains the name of Confederacy for reasons of historical tradition. The confederacy facilitated management of common interests (such as freedom from external domination especially from the
Habsburg Empire
, the development of republican institutions in a Europe dominated by monarchies and free trade), and it ensured peace between the different cultural entities of the area.
After the
Sonderbund War
of
1847
, when some of the Catholic cantons of Switzerland attempted to set up a separate union (
Sonderbund
in German) against the Protestant majority, a vote was held and the majority of the cantons approved the new Federal Constitution which changed the political system to one of a
federation
.
[34]
[35]
Union State of Russia and Belarus
[
edit
]
In 1999,
Russia
and
Belarus
signed a treaty to form a confederation,
[36]
which came into force on 26 January 2000.
[37]
Although it was given the name
Union State
, and has some characteristics of a federation, it remains a confederation of two sovereign states.
[38]
Its existence has been seen as an indication of Russia's political and economic support for the
Belarusian government
.
[39]
The confederation was created with the objective of co-ordinating common action on economic integration and foreign affairs.
[38]
However, many of the treaty's provisions have not yet been implemented.
[39]
Consequently,
The Times
, in 2020, described it as "a mostly unimplemented confederation".
[40]
Historical confederations
[
edit
]
Historical confederations (especially those predating the 20th century) may not fit the current definition of a confederation, may be proclaimed as a federation but be confederal (or the reverse), and may not show any qualities that 21st-century political scientists might classify as those of a confederation.
List
[
edit
]
Some have more the characteristics of a
personal union
, but appear here because of their self-styling as a "confederation":
Name
|
Period
|
Notes
|
Three Crowned Kings
|
1050 BCE–second century BCE
|
As described in the
Hathigumpha inscription
, On the 11th year, Kharavela broke up a confederacy of Tamil kingdoms, which was becoming a threat to Kalinga
Kharavela
|
Toltec Empire
|
496–1122
|
Existed as a confederation between the Toltecs and the
Chichimeca
, simultaneously as an empire exerting control over places like
Cholula
.
|
Holy Roman Empire
[41]
|
800/962-1806
|
De jure
an empire: it was
de facto
a multi-ethnic confederation of German, Italian, Czech, Dutch, and French states before 1512; it was
de jure
a German polity from 1512 until its fall.
|
Muisca Confederation
|
c.
800
–1540
|
Consisted of the Southern Muisca of
Bacata
led by the Zipazgo and the Northern Muisca of
Hunza
led by the Zacazgo.
|
Kimek?Kipchak confederation
|
9th century–13th century
|
A Turkic confederation in the eastern part of the Eurasian Steppe, between the 9th and 13th centuries. The confederation was dominated by two Turkic nomadic tribes: the
Kimeks
and the
Kipchaks
.
|
Cumania
|
10th century–1242
|
A Turkic confederation in the western part of the Eurasian Steppe, between the 10th and 13th centuries. The confederation was dominated by two Turkic nomadic tribes: the
Cumans
and the
Kipchaks
.
|
League of Mayapan
|
987–1461
|
|
Crown of Aragon
|
1137–1716
|
|
Haudenosaunee
|
1142–present
|
Also known as the Iroquois Confederacy or the Six (formerly Five) Nations.
|
Hanseatic League
|
13th?17th centuries
|
|
Old Swiss Confederacy
|
1291–1848
|
Officially, the "Swiss Confederation".
|
Kara Koyunlu
|
1375–1468
|
A Turkoman tribal confederation.
|
Aq Qoyunlu
|
1379–1501
|
A Turkoman tribal confederation.
|
Kalmar Union
a
|
1397–1523
|
Denmark
,
Sweden
,
Norway
.
|
Aztec Empire
|
1428–1521
|
Consisted of the
city-states
of
Tenochtitlan
,
Texcoco
and
Tlacopan
.
|
Livonian Confederation
|
1435–1561
|
|
Pre-
Commonwealth
Poland
and
Lithuania
a
|
1447–1492
1501–1569
|
Shared a monarch (
Grand Duke of Lithuania
and
King of Poland
), parliament (
Sejm
) and currency.
|
Denmark?Norway
a
|
1536–1814
|
|
Seven United Provinces of the Netherlands
|
1581–1795
|
|
Wampanoag Confederacy
|
|
|
Powhatan Confederacy
|
|
|
Illinois Confederation
|
|
|
Confederate Ireland
|
1641–1649
|
|
New England Confederation
|
1643–1684
|
|
Kingdom of Lunda
|
|
|
Aro Confederacy
|
1690–1902
|
Parts of present-day
Nigeria
,
Cameroon
and
Equatorial Guinea
.
|
Maratha Confedracy
|
1713–1818
|
|
The United States of America
|
1781–1789
|
Organization of the
United States
under the
Articles of Confederation
|
Western Confederacy
|
1785–1795
|
|
Confederation of the Rhine
|
1806–1813
|
Had no head of state nor government.
|
German Confederation
|
1815–1866
|
|
United Provinces of New Granada
|
1810–1816
|
Now part of present-day
Colombia
.
|
Sweden?Norway
a
|
1814–1905
|
|
Confederation of the Equator
|
1824
|
Located in northeast
Brazil
.
|
Argentine Confederation
|
1832–1860
|
|
Peru?Bolivian Confederation
|
1836–1839
|
|
Federal Republic of Central America
|
1842–1844
|
Present-day
El Salvador
,
Guatemala
,
Honduras
and
Nicaragua
.
|
Granadine Confederation
|
1858–1863
|
|
Confederate States of America
|
1861–1865
|
Southern US secessionist states during the
American Civil War
.
|
United States of Colombia
|
1863–1886
|
Carlist States
|
1872–1876
|
Spanish
states.
|
United Republics of North Caucasus
|
1917–1922
|
|
Confederal Republic of the Tribes of the Rif
|
1921–1926
|
Also known as the Rif Republic. Short-lived republic in
Spanish-occupied northern Morocco
during the
Rif War
.
|
Arab League
|
1945–present
|
|
Netherlands-Indonesia Union
|
1949–1956
|
Netherlands
and
Indonesia
.
|
Federation of Rhodesia and Nyasaland
|
1953–1963
|
Also known as the Central African Federation, consisting of the then-British colonies of
Southern Rhodesia
,
Northern Rhodesia
, and
Nyasaland
(current-day
Zimbabwe
,
Zambia
, and
Malawi
.)
|
Arab Federation
b
|
1958
|
Iraq
and
Jordan
.
|
United Arab Republic
b
and the
United Arab States
b
|
1958–1961
|
Egypt
and
Syria
,
joined by
North Yemen
.
|
Union of African States
|
1961–1963
|
Mali
,
Ghana
and
Guinea
.
|
Federation of Arab Republics
b
|
1972
|
Egypt
,
Syria
and
Libya
.
|
Arab Islamic Republic
b
|
1974
|
Libya
and
Tunisia
.
|
Senegambia
|
1982–1989
|
Senegal
and
Gambia
.
|
Rebel Zapatista Autonomous Municipalities
|
1994–present
|
African Union
|
2002–present
|
Serbia and Montenegro
|
2003–2006
|
|
|
- a
Confederated personal union.
- b
De facto
confederation.
See also
[
edit
]
References
[
edit
]
- ^
Oxford English Dictionary
- ^
Vattel, Emmerich (1758)
The Law of Nations
, cited in Wood, Gordon (1969)
The Creation of the American Republic 1776?1787
, University of North Carolina Press, Chapel Hill, p.355.
- ^
McCormick, John (2002)
Understanding the European Union: a Concise Introduction
, Palgrave, Basingstoke, p. 6.
- ^
This was the key feature that distinguished the first American union, under the
Articles of Confederation
of 1781, from the second, under the current
US Constitution
of 1789.
Alexander Hamilton
, in
Federalist 15
, called the absence of directly-effective law in the Articles a "defect" and the "great and radical vice" in the initial system. Madison, James, Hamilton, Alexander and Jay, John (1987)
The Federalist Papers
, Penguin, Harmondsworth, p. 147.
- ^
French
Le confederalisme n'est pas loin
Charles-Etienne Lagasse,
Les Nouvelles institutions politiques de la Belgique et de l'Europe
, Erasme,
Namur
2003, p. 405
ISBN
2871277834
- ^
"Belgian research center whose activities are devoted to the study of decision-making in Belgium and in Europe"
. Archived from
the original
on 3 February 2007.
- ^
French: "La Belgique est (...) incontestablement, une federation : il n'y a aucun doute (...) Cela etant, la federation belge possede d'ores et deja des traits confederaux qui en font un pays atypique, et qui encouragent apparemment certains responsables a reflechir a des accommodements supplementaires dans un cadre qui resterait, vaille que vaille, national." Vincent de Coorebyter "La Belgique (con)federale" in
Le Soir
24 June 2008
- ^
French:
Le systeme institutionnel belge est deja inscrit dans une dynamique de type cs
,
Le Soir
, 19 September 2008
- ^
Robert Deschamps, Michel Quevit, Robert Tollet, "Vers une reforme de type confederal de l'Etat belge dans le cadre du maintien de l'union monetaire," in
Wallonie 84
, n°2, pp. 95-111
- ^
Le petit Larousse 2013 p1247
- ^
Wolff, Stefan (2004).
Disputed Territories: The Transnational Dynamics of Ethnic Conflict Settlement
. Berghahn Books. pp. 30?31.
ISBN
978-1571817181
.
- ^
Wippman, David (1998). "Practical and Legal Constraints on Internal Power Sharing". In Wippman, David (ed.).
International Law and Ethnic Conflict
. Cornell University Press. p. 220.
ISBN
978-0801434334
.
- ^
Eyskens, Mark (2 August 2021).
"
'Een Belgische confederatie leidt onvermijdelijk tot drie onafhankelijke staten'
"
.
Site-Knack-NL
(in Dutch)
. Retrieved
13 August
2021
.
- ^
VRG-Alumni (2020).
Recht in beweging ? 27ste VRG-Alumnidag 2020
(in Dutch). Gompel&Svacina.
ISBN
978-9463712040
.
- ^
a
b
Eugene Forsey
,
How Canadians Govern Themselves
, 9th ed. (Ottawa:
Library of Parliament / Bibliotheque du Parlement
, Catalogue No. X9?11/2016E, 2016?03),
ISBN
9780660044897
, pp. 7, 29. French version published as
Les
Canadiens et leur systeme de gouvernement
, n
o
de catalogue X9?11/2016F,
ISBN
9780660044910
First edition published in 1980.
- ^
P.W. Hogg,
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