Legal Definitions - nonsovereign state

In international law, a state typically refers to a political entity that has a defined territory, a permanent population, an effective government, and the capacity to enter into relations with other states. Sovereignty is the supreme and independent authority of a state over its territory and people, meaning it is not subject to the control of any other state or external power.

A nonsovereign state, therefore, is a political entity that possesses some characteristics of a state—such as a defined territory, a population, and a system of governance—but lacks full independence and supreme authority over its own affairs. It is ultimately subject to the authority or control of another sovereign state or an international body, particularly in crucial areas like foreign policy, defense, or constitutional matters. While it may have significant autonomy in internal affairs, it does not have the ultimate power to act independently on the international stage or to fully determine its own destiny without external influence.

• Example 1: British Overseas Territories (e.g., Bermuda or the Cayman Islands)

  These territories have their own elected governments, legal systems, and distinct cultural identities. They manage many of their internal affairs, such as local laws, taxation, and social services. However, the United Kingdom retains ultimate responsibility for their defense, foreign policy, and overall constitutional stability. For instance, Bermuda cannot independently declare war, sign international treaties with other nations, or join the United Nations as a full member state. This illustrates a nonsovereign state because while it has many features of a state, its supreme authority in critical areas rests with another sovereign power.

• Example 2: Greenland within the Kingdom of Denmark

  Greenland is an autonomous constituent country within the Kingdom of Denmark. It has a significant degree of self-rule, with its own parliament (Inatsisartut) and government (Naalakkakersuisut) that control most domestic matters, including education, healthcare, and natural resources. Despite this extensive autonomy, Denmark maintains control over Greenland's foreign policy, defense, and monetary policy. Greenland cannot independently establish diplomatic relations with other countries or sign international agreements without Danish approval. This demonstrates a nonsovereign entity that exercises substantial self-governance but is ultimately subordinate to a larger sovereign state in key international and constitutional respects.

• Example 3: The French Protectorate of Morocco (1912-1956)

  Historically, during the period of the French Protectorate, Morocco retained its own Sultan and some traditional administrative structures. It had a defined territory and population, and a form of government. However, France exercised significant control over Morocco's foreign relations, defense, and major aspects of its economy and infrastructure. Moroccan authorities could not independently conduct foreign policy or enter into international agreements. This situation exemplifies a nonsovereign state because, despite having its own identity and internal governance, its ultimate authority and independence were curtailed by the protecting power, France.