1 Cf. J. Gray, The Nature and Sources of the Law 122 (1909).

2 Camp David Framework for Peace in the Middle East (Egypt-Israel), Sept. 17, 1978, para. A(I) (a) Art OF State Pub. No. 8954 (1978), reprinted in 17 1LM 1466, 1467 (1978).

3 Financial Times (London), Oct. 23, 1979, at 17, cols. 1-8.

4 N.Y. Times, Jan. 15, 1980, at A15, col. 1.

5 The Times (London), Feb. 11, 1980, at 1, col. 8.

6 Sec, e.g. ,N.Y. Times, May 12, 1980, at A7, cols. 1-6.

7 Id. ,May 5, 1980, at A10, cols. 2-4.

8 See, e.g. ,J. CRawford, The Creation of States in International Law 211-12 (1979).

Autonomous areas are regions of a State, usually possessing some ethnic or cultural distinctiveness, which have been granted separate powers of internal administration, to whatever degree, without being detached from the State of which they are part. For such status to be of present interest, it must be in some way internationally binding upon the central authorities. Given such guarantees, the local entity may have a certain status, although since that does not normally involve any foreign relations capacity, it is necessarily limited. Until a very advanced stage is reached in the progress towards self-government, such areas are not States.

9 No treatise or monograph on autonomous entities exists, although a then current comprehensive survey of such entities may be found in W. Willoughby & C. Fenwick, Types of Restricted Sovereignty and Of Colonial Autonomy (1919). Most of the writing on autonomy consists either of individual case studies or scattered general references embedded in works on self-determination, sovereignty, or statehood. For a good cross-section of such writing, see the bibliographies in I. Bernier, International Legal Aspects of Federalism 275-91 (1973); J. Crawford, supra note 8, at 437-79; and C. Okeke, Controversial Subjects of International Law 228-35 (1974).

10 These case studies may be found in PAIL Institute, 1 The Theory and Practice of Governmental Autonomy 56-237 (Final Report for the Department of State, 1980) [hereinafter cited as PAIL Report]. A second, 335-page companion volume contains basic constituent documents. Copies of the 2-volume report are available in the libraries of the American Society of International Law and the PAIL Institute, Washington, D.C.

11 The term “federal state” is used here in a broad sense and generally refers to a composite state made up of equal entities or subdivisions, which enjoy some degree of local or home rule, and a central government generally having full authority over foreign affairs. The federal or quasi-federal systems studied were the proposed Turkish Federated State of Cyprus, Eritrea (1952-1962), Catalonia and other autonomous regions under the Second Spanish Republic, the Basque country under its 1979 Autonomy Statute, the United Arab Emirates, Switzerland under the 1848 Federal Constitution, the Greenland-Denmark relationship following the granting of home rule to Greenland in 1978, and the Belgian linguistic communities following the 1971 constitutional reforms. See 1 PAIL Report, supra note 10, at 57-118; see generally I. Bernier, note 9 supra; E. Elazar, Federalism and Political Integration (1979).

12 An internationalized territory, somewhat analogous to a guaranteed or protected state, is an entity that has been created under international supervision or control in response to a particular political situation. It may or may not be considered a state in international law, although it generally retains full authority over local affairs and is restricted only by its international constituent documents. The internationalized territories surveyed were the Free City of Danzig (1919-1945), the Free Territory of Trieste proposed in 1947, the International Settlement of Shanghai (1845-1944), the Memel Territory (1924-1939), the Saar (1920- 1935 and 1945-1956), and the Aland Islands. See 1 PAIL Report, supra note 10, at 119-76; see generally M. Ydit, Internationalized Territories from the “free City of Cracow” to The“free City of Berlin” (1961).

13 An associated state, a relatively modern concept that has arisen out of UN discussions with respect to non-self-governing territories, is an entity that has delegated certain competences (particularly in the areas of foreign affairs and defense) to a principal state, although it retains its international status as a state. The associated state systems studied were the non-self-governing territories under the United Nations in general; New Zealand's relationship with the Cook Islands, Niue, and Tokelau; the U.S. territorial relationships, focusing on Puerto Rico and current proposals for the Trust Territory of the Pacific Islands, compared with the non-self-governing “incorporated territories” of Guam and the U.S. Virgin Islands; and the Netherlands Antilles. See 1 PAIL Report, supra note 10, at 177-214; see generally R. Chowdhuri, International Mandates and Trusteeship Systems (1955); W. Reisman, Puerto Rico and the International Process: New Roles in Association (1975); Clark, , Self-Determination and Free Association—Should the United Nations Terminate the Pacific Islands Trust?, 21 Harv. Int'l L.J. 1 (1980)Google Scholar; Armstrong, , The Negotiations for the Future Political Status of Micronesia, 74 AJIL 689 (1980)CrossRefGoogle Scholar.

14 Under this category were studied the British proposals for provincial autonomy in Palestine (1946-1947), the millet system under the Ottoman Empire, and the Isle of Man. See 1 PAIL Report, supra note 10, at 215-37.

15 Among those arrangements or proposals not surveyed that might be fruitfully explored are, inter alia ,the recent devolution plans for Scotland and Wales, the 1972 autonomy arrangements in Italy's South Tyrol region, and the federal system of Malaysia.

16 In view of the wide variation in the governmental structures surveyed, no single term adequately encompasses the relationships of every entity discussed. The terms “central,” “national,” “principal,” and “sovereign” all describe the superior entity; “autonomous,” “local,” and “regional” are used to describe the inferior or dependent entity. The use of different terms throughout the article does not imply any difference in the degree or type of autonomy under consideration.

17 The only exception to this general statement might be the Basque chief executive, whose appointment by the Basque parliament must be confirmed by the Spanish King. 1979 Basque Autonomy Statute, Art. 33.1, unofficial text and translation reprinted in U.S. Government telegram Madrid 9189, Aug. 31, 1979, from American Embassy, Madrid, to the Secretary of State, Washington, D.C. [hereinafter cited as 1979 Basque Stat.].

18 1979 Basque Stat., Art. 12; 1932 Catalonia Autonomy Statute, Art. 5, reprintedin Spanish in E. Peers, The Catalan Statute and the Cortes (1933) [hereinafter cited as 1932 Catalan Stat.]. (This and other translations are unofficial.)

Both pre-Civil War and post-Franco Spain constitute fertile ground for autonomy studies, as Spain's Basque, Catalan, and Galician ethnic groups have long sought greater autonomy from the Castilian-dominated central Government. The reestablishment of the Spanish Republic in 1931 afforded the first real opportunity for greater regional autonomy, authorized by Article 11 of the 1931 Spanish Constitution. Catalonia was the only region to become formally autonomous during the Second Republic, although its experiment and similar proposals for Basque and Galician autonomy ended with the outbreak of the Civil War in 1936. For texts of these earlier statutes and drafts, see, in addition to E. Peers, supra ,J. De Orueta, Fueros y Autonomi'a, El Processo Del Estatuto Vasco (1934); B. Cores Trasmonte, El Estatuto De Galicia (Actas y Documentos) (1976); C. Masso I Escofet & R. Gay De Montella, L'Estatut De Catalunya (1933).

With the adoption of the new post-Franco Spanish Constitution in 1978, reprinted in 13 Constitutions of the Countries of the World (eds. Blaustein & Flanz, 1971—) [hereinafter cited as Blaustein & Flanz], autonomy once again became possible. Following approval by the Spanish Parliament, both the Basque country (Euzkadi) and Catalonia adopted their own autonomy statutes in 1979. Similar proposals were narrowly defeated in Andalusia in 1980, in part owing to strong central governmental opposition to Andalusian autonomy, as the proautonomy forces failed to achieve the required approval of 50% of the registered voters in each of Andalusia's 8 provinces. See N.Y. Times, Feb. 29, 1980, at Al 1, col. 1, and Mar. 1, 1980, at A9, col. 3.

19 1932 Catalan Stat., Art. 6.

20 Const, of the United Arab Emirates, Art. 125, reprinted in 15 Blaustein & Flanz [hereinafter cited as UAE Const.].

21 Eritrea Federal Act, set forth in GA Res. 390 (V), 5 UN GAOR, Supp. (No. 20) 20, UN Doc. A/1561 & Add.1 (1950), para. 1.

22 Id. ,para. 2.

23 Convention and Transitory Provision concerning Memel, signed May 8, 1924, Art. 17, 29 LNTS 87 [Annex hereinafter cited as Memel Stat.].

24 Law No. 670 of Dec. 28, 1951, Concerning the Autonomy of the Aland Islands (Finland) [hereinafter cited as Aland Autonomy Law], provisions of which are summarized in 5 Constitutions of Dependencies and Special Sovereignties (eds. Blaustein & Blaustein, 1976-) [hereinafter cited as Blaustein & Blaustein].

25 Treaty of Versailles, signed June 29, 1919, section IV, Arts. 45-50, 11 Martens Nouveau Recueil 3d, at 323, and Annex [Annex hereinafter cited as Saar Stat.], Arts. 16-19.

26 Tokelau Islands Act (No. 24, 1948), sees. 4, 9, as amended (New Zealand), reprinted in 4 Blaustein & Blaustein.

27 Charter of the Kingdom of the Netherlands, Arts. 2, 44; Constitution of the Netherlands Antilles, Arts. 11, 12; both reprinted in 5 Blaustein & Blaustein.

28 Cf. UK Home Office Memorandum to the MacDermott Commission, para. 13 (1958), reprinted in 4 Blaustein & Blaustein.

29 Organic Act of Guam, ch. 512, sec. 6, 64 Stat. 386 (1950).

30 Revised Virgin Islands Organic Act of 1954, ch. 558, sec. 11, 68 Stat. 503 (1954).

31 See Report of the Anglo-American Committee of Enquiry Regarding the Problems of European Jewry and Palestine, Cmd. No. 6808 (1945-46) and Remarks of H. Morrison, M.P., 426 Parl. Deb., H.C. (5th ser.) 962 (1946) [hereinafter cited as the Morrison Plan]; Proposals for the Future of Palestine (Palestine No. 1), Cmd. No. 7044 (1947) [hereinafter cited as the Bevin Plan].

32 Saar Stat., Art. 19.

33 Ibid.

34 Treaty of Peace with Italy, signed Feb. 10, 1947, 61 Stat. 1245, TIAS No. 1648, 49 UNTS3, Ann. VII.

35 See note 31 supra.

36 Treaty of Peace with Italy, supra note 34, Ann. VI [hereinafter cited as Trieste Stat.], Art. 8. The UN Security Council was unable to agree upon selection of a Governor for Trieste, and neither the transitional nor permanent Free Territory of Trieste was ever established. See generally B. Novak, Trieste, 1941 -1954 (1970). The London Agreement among the United States, the United Kingdom, Italy, and Yugoslavia, signed Oct. 5, 1954, 235 UNTS 99, definitively abandoned the Free Territory proposal and divided the territory between Italy and Yugoslavia. Cf. J. Campbell, Successful Negotiation, Trieste 1954 (1976).

37 For helpful accounts of the Saar under League of Nations administration, see F. Russell, the Saar, Battleground and Pawn (1951); L. Cowan, France and the Saar, 1680-1948 (1950); M. Florinsky, The Saar Struggle (1934).

38 The terms “legislature” and “laws” are used in a general sense and do not imply the presence or absence of the ultimate legislative or constitutional authority of the state or entity.

39 Discussed in text at notes 108-156 infra.

40 Const, of the Turkish Federated State of Cyprus [hereinafter cited as Turkish Cypriot Const.], Art. 138, reprinted in 6 Blaustein & Blaustein. The Turkish Federated State of Cyprus was proclaimed by the Turkish Cypriot community in 1975, but to date it has been recognized only by Turkey. While the constitution envisages a future Federal Republic of Cyprus to be comprised of autonomous Greek and Turkish regions, it represents the most extensive grant of autonomy examined. No opinion with respect to the political desirability or practicality of the proposed arrangements should be inferred from their inclusion in the present survey.

41 Const, of Eritrea, Art. 91, reprinted in 5 Blaustein & Blaustein.

42 UAE Const., Art. 151.

43 Const, Of Niue, Art. 35, reprinted in 4 Blaustein & Blaustein.

44 See Compact of Free Association between the United States and the Governments of Palau, the Marshall Islands, and the Federated States of Micronesia, Jan. 14, 1980 [hereinafter cited as Micronesia Compact] (text on file at the library of the American Society of International Law). The Compact has been initialed by only the Marshall Islands among the 3 Trust Territory districts, but it is anticipated that Palau and the Federated States will adhere to essentially similar agreements. The Compact must be approved by a local plebiscite and by Congress before it enters into force, thus ending U.S. trusteeship over the area (which also includes what is now the Commonwealth of the Northern Mariana Islands) of the Trust Territory of the Pacific Islands. See the comprehensive and current Clark, note 13 supra; Armstrong, note 13 supra; UN Dep't of Political Affairs, Trusteeship and Decolonization, Issue on the Trust Territory of the Pacific Islands (No. 16, 1980); N.Y. Times, Jan. 15, 1980, at A15, col. 1.

45 Const, of Spain, Art. 147.3; 1979 Basque Stat., Art. 46.1.

46 Const, of the Free City of Danzig, Art. 49, reprinted in League of Nations O.J., Spec. Supp. 7 (1922).

47 Trieste Stat., Art. 37.

48 Memel Stat., Art. 38.

49 Both Guam and the U.S. Virgin Islands recently adopted draft constitutions pursuant to federal authorization in Pub. L. No. 94-584, 90 Stat. 2899 (1976). However, the electorates in each territory rejected the proposed constitutions, and each remains governed by its respective organic act and other federal laws. Cf. Hannum, & Gilmore, , The Search for Constitutional Change in the U.S. Virgin Islands, 4 Harv. J.L. & Pub. Pol'y (1981)Google Scholar; Pacific Daily News, Aug. 5, 6, 7, 1979, at 1; Virgin Islands Daily News, Mar. 1, 2, 3, 5, 6, 7, 1979, at 1; Wash. Post, Mar. 8, 1979, at A13, col. 1.

50 UAE Const., Art. 151.

51 Const, of the Commonwealth of Puerto Rico, Art. VII, sec. 3, reprinted in 1 Blaustein & Blaustein.

52 The Turkish Federated State of Cyprus, Eritrea, the United Arab Emirates, the Swiss cantons under the 1848 Constitution, Danzig, Trieste, the Saar in 1945, the Cook Islands, Niue, the Netherlands Antilles, and the districts of the Trust Territory of the Pacific Islands.

53 The Basque country, Catalonia in 1932, Greenland, the Belgian linguistic communities, the International Settlement of Shanghai, the Memel Territory, the Saar from 1920 to 1935, the Aland Islands, Tokelau, Puerto Rico, Guam, the Isle of Man, and the Morrison and Bevin Plans for Palestine.

54 E.g .,restrictions on Danzig's authority over the port of Danzig and special rights granted to Poland by the Treaty of Versailles; restrictions on the Free Port of Trieste and on Trieste's capacity to enter into exclusive economic unions or military arrangements.

55 Memel Stat., Arts. 1, 7; Saar Stat., Art. 19.

56 This expansion was accomplished primarily through sec. 9 of the Shanghai Land Regulations, which identified the “better order and good government of the Settlement” as one of the objects of the regulations for which bylaws could be adopted. The Land Regulations, as amended through 1925, are reprinted in A. Kotenev, Shanghai: Its Mixed Court and Council (1925).

57 Memel Stat., Art. 16.

58 Summary of the Aland Autonomy Law, note 24 supra.

59 Guam Organic Act, sec. 19 (codified at 48 U.S.C. §1423i (1980)). Congress has never exercised this veto power.

60 Home Office Memorandum to the MacDermott Commission, supra note 28, at para. 12; see also preambles to Isle of Man statutes, e.g. ,Isle of Man Constitution Amendment Act, 1919, 9 & 10 Geo. 5; Isle of Man Constitution (Elections to Council) Act, 1971, 20 & 21 Eliz. 2, c. 34. These and other statutes pertaining to the Isle of Man are reprinted in 4 Blaustein & Blaustein.

61 Eritrea Const., Art. 14.

62 Id. ,Art. 58.

63 Trieste Stat., Art. 19.

64 1979 Basque Stat., Art. 14.1.

65 Id. ,Art. 14.1, 14.2; SPAIN CONST., Art. 153.

66 1979 Basque Stat., Art. 34.1.

67 Federal Const, of Switzerland (1848), Art. 101, reprinted in W. Rappard, La Constitution FÈdÈrale De La Suisse, Ses Origines, Son Èlaboration, Son Èvolution (1948), and translated in The Federal Constitution of the Swiss Confederation (C.-J. Wyss pub., 1867). The authority of the Federal Tribunal, whose jurisdiction was in some instances dependent on the actions of the collegiate Swiss executive, the Federal Council, was considerably strengthened in Articles 110 through 114 of the 1874 Federal Constitution, reprinted and translated in E. James, The Federal Constitution of Switzerland (1890).

68 Cf., e.g. ,the complex and changing relationship between France and the Saar in the post- World War II period, summarized in flow chart form in J. Freymond, The Saar Conflict 1945-1955, at 324-31 (1960); and the activities of the Mixed Court of the International Settlement of Shanghai, outlined in A. Kotenev, note 56 supra ,and M. Ydit, supra note 12, at 127-53.

69 Act of July 3, 1971, relating to the splitting up of the members of the legislative houses into linguistic groups and referring to various provisions concerning the cultural councils for the French cultural community and for the Dutch cultural community (Belgium), reprinted in 2 Blaustein & Flanz.

70 1979 Basque Stat., Art. 34.2.

71 Trieste Stat., Art. 16.

72 Act No. 41 to amend the Tokelau Islands Act 1948 (1970) (NZ), sees. 9-11, reprinted in 4 Blaustein & Blaustein.

73 Guam Organic Act, sees. 22, 24 (codified at 48 U.S.C. §§1424, 1424b (1980)). An attempt by Guam to divest the federal court of its appellate jurisdiction over local cases through the establishment of a Guam Supreme Court was declared invalid in a much criticized U.S. Supreme Court ruling. Guam v. Olsen, 431 U.S. 195 (1977).

74 Netherlands Antilles Const., Art. 111.

75 Saar Stat., Art. 25. Cf. L. Cowan and M. Florinsky, note 37 supra.

76 Treaty of Versailles, supra note 25, Art. 103; Treaty of Paris, Poland-Danzig, signed Nov. 9, 1920, 6 LNTS 190. Disputes were decided in the first instance by the League's High Commissioner, but 54 of his more than 80 formal decisions were appealed to the Council of the League. The Council requested an advisory opinion from the Permanent Court of International Justice in the following cases: Polish Postal Service in Danzig, [1925] PCIJ, ser. B, No. 15; Jurisdiction of the Courts of Danzig, [1928] PCIJ, ser. B, No. 15; Free City of Danzig and the I.L.O., [1930] PCIJ, ser. B, No. 18; Polish War Vessels in the Port of Danzig, [1931] PCIJ, ser. A/B, No. 43; Treatment of Polish Nationals in Danzig, [1932] PCIJ, ser. A/B, No. 44; and Consistency of Certain Danzig Legislative Decrees with the Constitution of the Free City, [1935] PCIJ, ser. A/B, No. 65.

77 Trieste Stat., Art. 36.

78 See generally A. Kotenev, note 56 supra; F. Pott, A Short History of Shanghai (1928); M. Ydit, note 12 supra.

79 Turkish Cypriot Const., Arts. 80, 135.

80 See note 13 supra. Associated statehood is seen as a self-governing alternative to emergence as a sovereign independent state or full integration with a sovereign state. Cf. GA Res. 742 (VIII), 8 UN GAOR, Supp. (No. 17) 21 (1953); GA Res. 1541 (XV), 15 UN GAOR Supp. (No. 16) 29 (1960); W. Reisman, note 13 supra; Clark, supra note 13, at 38-66; Gilmore, , Legal Perspectives on Associated Statehood in the Eastern Caribbean, 19 Va. J. Int'l L. 490 (1979)Google Scholar.

81 See, e.g. ,Niue Constitution Act (No. 24, 1974), sees. 6, 8 (NZ), which provide, inter alia ,for consultation between New Zealand and Niue on foreign affairs matters that require “positive co-operation.“

82 Micronesia Compact, sees. 121, 123.

83 Id. ,sec. 311.

84 The Court said:

[T]he rights of Poland as regards the foreign relations of the Free City are not absolute. The Polish Government is not entitled to impose a policy on the Free City nor to take any step in connection with the foreign relations of the Free City against its will. On the other hand, the Free City cannot call upon Poland to take any step in connection with foreign relations of the Free City which are opposed to her own policy….

Free City of Danzig and the I.L.O., [1930] PCIJ, ser. B., No. 18, at 13.

85 Trieste Stat., Art. 24.

86 1848 Switzerland Const., Art. 9.

87 Id. ,Art. 90(7).

88 Greenland Home Rule Act (Act. No. 577, 1978), sec. 16 (Denmark), reprinted in 5 Blaustein & Blaustein.

89 Id. ,sec. 15.

90 Charter of the Kingdom of the Netherlands, Art. 25.

91 Id. ,Art. 26.

92 UAE Const., Art. 123.

93 Ibid.

94 1979 Basque Stat., Art. 6.5.

95 W., Art. 20.3.

96 See J. Freymond, supra note 68, at 70-81, 87-93.

97 Micronesia Compact, sec. 122.

98 Greenland Home Rule Act, supra note 88, Schedule, para. 2.

99 Saar Stat., Art. 19.

100 1979 Basque Stat., Art. 17.1.

101 Ibid.

102 W., Arts. 17.4-17.6.

103 1848 Switzerland Const., Arts. 6, 90(3).

104 Id. ,Art. 16. Cf. G. Codding, The Federal Government of Switzerland (1961), especially chs. 3 and 4.

105 The Memel Territory was ceded by Germany to the Allied powers under the terms of the Treaty of Versailles and, following the failure of negotiations to internationalize the territory, was occupied by Lithuania in 1923. Faced with this fait accompli, the four powers (the British Empire, France, Italy, and Japan) and Lithuania recognized Memel, “under the sovereignty of Lithuania, [as] a unit enjoying legislative, judicial, administrative and financial autonomy within the limits prescribed by the Statute” annexed to the convention. Convention and Transitory Provision concerning Memel, supra note 23, Art. 2. The Memel Territory remained under Lithuanian sovereignty until the German invasion of Poland in 1939, and after the war it became an integral part of Lithuania, the USSR.

106 Memel Stat., Art. 20.

107 Treaty of Paris, supra note 76, Art. 19.

108 1979 Basque Stat., Art. 43.1.

109 Treaty of Versailles, supra note 25, Art. 100.

110 Treaty of Peace with Italy, supra note 34, at 209, Ann. X, Economic and Financial Provisions relating to the Free Territory of Trieste, Art. 1.

111 Treaty of Versailles, supra note 25, Art. 45.

112 Saar Stat., Arts. 8, 14.

ll3 Id. ,Art. 12.

114 Id. ,Art. 31. By 1923, the French franc had become the Saar's only official currency, and a customs union with France was established in 1925.

115 Eritrea Const., Art. 9.

116 1848 Switzerland Const., Arts. 42, 48.

117 Treaty of Versailles, supra note 25, Art. 104(5).

118 Memel Stat., Art. 9.

119 1848 Switzerland Const., Art. 41.

120 Ibid.

121 Treaty of Peace with Italy, Ann. X, supra note 110, Arts. 9, 10.

122 Id. ,Art. 11.

123 W., Art. 1.

124 Cf. summary of the Aland Autonomy Law, note 24supra. The standard work on the Aland Islands is J. Barros, The Aland Islands Question: Its Settlement by the United Nations (1968).

125 Summary of the Aland Autonomy Law, note 24 supra.

126 Ibid.

127 Eritrea Const., Art. 5(2) (h).

128 UAE CONST., Art. 23.

129 Greenland Home Rule Act, supra note 88, sec. 8.

130 See Financial Times (London), Sept. 14, 1979, at 2, col. 3.

131 Spain Const., Art. 149.

132 1979 Basque Stat., Art. 10.

133 Ibid.

134 Treaty of Peace with Italy, supra note 34, at 207, Ann. IX, Technical Dispositions Regarding the Free Territory of Trieste.

135 Statement of Agreed Principles for Free Association (“Hilo Principles“), reprinted in 72 AJIL 882-83 (1978).

136 Ibid.

137 Eritrea Const., Art. 5.

138 Greenland Home Rule Act, supra note 88, Schedule.

139 UAE Const., Arts. 120, 121.

140 Aland Autonomy Law, sec. 35.

141 1932 Catalan Stat., Art. 2.

142 1979 Basque Stat., Art. 6.

143 Id. ,Art. 18.

144 1874 Switzerland Const., Art. 27

145 Eritrea Federal Act, supra note 21, para. 3.

146 Eritrea Const., Art. 5(1).

147 Shanghai Land Regulations, supra note 56, sec. 10.

148 Memel Stat., Art. 5(12).

149 Spain Const., Art. 156.1.

150 1979 Basque Stat., Art. 41.

151 Ibid.

152 I d, Art. 42; Spain Const., Art. 158.1.

153 Puerto Rican Federal Relations Act, as amended ,sec. 9, originally enacted as the Jones Act of Mar. 13, 1917, ch. 145, 39 Stat. 951 (codified at 48 U.S.C. §734 (1980)).

154 Guam Organic Act, sec. 30 (codified at 48 U.S.C. §1421h (1980)).

155 See, e.g. ,Puerto Rican Federal Relations Act, sec. 3 (codified at 48 U.S.C. §738 (1980)); Guam Organic Act, sec. 27 (codified at 48 U.S.C. §1421e (1980)); see also the territorial exceptions to the General Tariff Schedule, 19 U.S.C. §1202, headnote 3(a) (1980).

156 Guam Organic Act, sec. 11 (codified at 48 U.S.C. §1423a (1980)); Puerto Rican Federal Relations Act, sec. 3 (codified at 48 U.S.C. §728 (1980)); Revised Virgin Islands Organic Act of 1954, sec. 8(b) (i) (codified at 48 U.S.C. §1574(b) (i) (1980)).

157 It is beyond the scope of the present article to discuss the complexities of the Ottoman millet system in depth. The millet concept, which involved the granting of a degree of cultural and civil autonomy to religious communities within the Ottoman Empire, seems to have originated with the establishment of the Greek Orthodox millet in the mid-15th century. Distinctions between the religious authority of the millets and the secular authority of the Ottoman administration are far from clear; they also varied greatly depending on the time frame studied. While the millets’ jurisdiction was personal rather than territorial, each millet tended to constitute a geographical community as well. See generally S. Shaw, History of the Ottoman Empire and Modern Turkey (2 vols., 1976); H. Gibb & H. Bowen, Islamic Society and the West (1950); A. Lybyer, The Government of the Ottoman Empire in the Time of Suleiman the Magnificent (1913).

158 Eritrea Const., Art. 36.

159 Id., Arts. 37, 38.

160 Aland Autonomy Law, Arts. 35, 37, 38, 39.

161 Cf. Const, of Belgium, as amended in 1971, Arts. 3c, 59b, 59c, reprinted in 2 Blaustein & Flanz. For a history of the political and legal issues that eventually resulted in the 1971 constitutional changes, see Case Relating to Certain Aspects of the Laws on the Use of Language in, Education in Belgium, [1966] Y.B. Eur. Conv. on Human Rights 644 (Eur. Ct. of Human Rights), and the Report of the European Commission on Human Rights in the same case, “Linguistic Cases,” Nos. 1474/62, 1677/62, 1691/62, 1769/63, 1994/63, and 2126/63, June 24, 1965.

162 Belgium Const., Art. 59b; Act of July 1971 relating to the powers and procedures of the cultural councils for the French cultural community and for the Dutch cultural community (Belgium), Art. 2, reprinted in 2 Blaustein & Flanz.

163 Belgium Const., Art. 59b, sec. 4.

164 Note 2 supra.

165 See generally I. Brownlie, Principles of Public International Law 60-69 (3d ed. 1979); M. Ydit, supra note 12, at 16-21, 319-21; J. Brierly, The Law of Nations 126-37 (6th ed. 1963); C. Hyde, 1 International Law Chiefly as Interpreted and Applied by the United States 23-51 (1922); W. Willoughby & C. Fenwick, supra note 9, at 5-13, 89-112; C. Fenwick, Wardship in International Law (1919).

166 See Clark, note 13 supra; S. Hasan Ahmad, The United Nations and the Colonies 220-82 (1974).

167 Cf. GA Res, 1541 (XV), note 80 supra ,and Principles VI-IX annexed thereto.

168 “Sovereignty” is a rather amorphous, if oft-used, term that may be defined in a somewhat circular manner as the totality of international rights and duties recognized by international law as residing in a state. Cf. J. Crawford, note 8 supra; M. YDIT, supra note 12, at 16-18. A traditional definition would be that sovereign states are “those states which exercise supreme authority over all persons and property within their borders and are completely independent of all control from without.” W. Willoughby & C. Fenwick, supra note 9, at 5. But see I. Brownlie, supra note 165, at 80-81; and J. Brierly, supra note 165, at 7-16.

169 Greece, Turkey, and the United Kingdom each retained the right to intervene in Cyprus “with the sole aim of re-establishing the state of affairs established by the present Treaty.” London-Zurich Accords, Treaty of Guarantee, signed Aug. 16, 1960, Art. 4, 382 UNTS 3. Cyprus has nevertheless been universally accepted as a sovereign independent state.

170 The classic definition of a “state” is found in the Convention on Rights and Duties of States, signed at Montevideo on Dec. 26, 1933, 49 Stat. 3097, 165 LNTS 19, Art. 1: “The State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with the other States.“

171 See, e.g., Charter of the Kingdom of the Netherlands, Art. 28; Micronesia Compact, sec. 122.

172 Greenland Home Rule Act, supra note 88, sec. 16.

173 UAE Const., Art. 123.

174 1979 Basque Stat., Art. 12.

175 Eritrea Federal Act, supra note 21, para. 3.

176 Greenland Home Rule Act, supra note 88, sec. 8.

177 See discussion in text at notes 157-163 supra.

178 Ibid.

179 Ibid.

180 E.g. ,the three options available to the Saar at the end of the 15-year period of League administration were set forth in the Treaty of Versailles, Art. 49, note 25 supra ,and in the Saar Stat., Arts. 34-39; and the permanent regime for Trieste was substantially defined in the Trieste Statute approved prior to the projected entry into force of the transitional regime.

181 It is practically impossible to estimate the number of non-self-governing territories that might attain independence or self-government in the future, and the likelihood of such change evidently varies greatly from case to case. Cf. E. Plischke, Microstates in World Affairs, App. B. (1977); G. Pearcy, World Sovereignty, App. 4 (1977). Independence is anticipated in 1980 for the New Hebrides (see letter dated Feb. 26, 1979, from France and the United Kingdom to the UN Secretary-General, UN Doc. A/34/103 (1979)); associated statehood in 1981 for the districts of the Trust Territory of the Pacific Islands (see Clark, note 13 supra, and sources cited at note 44 supra); and full de facto independence for Brunei in 1983, when the United Kingdom's responsibility for Brunei's foreign relations and defense will terminate (see letter dated Feb. 23, 1979, from the United Kingdom to the UN Secretary-General, UN Doc A/34/98 (1979), and Note Verbale dated Sept. 26, 1975, from the United Kingdom to the UN Secretary-General, UN Doc. A/10269, Annex (1975)).

182 Panel, , The Participation of Ministates in International Affairs, ASIL, 62 Proc. 155–88 (1968)Google Scholar. Compare E. Plischke and sources cited therein, note 181 supra.