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Confederations and federations

Confederations are voluntary associations of independent states that, to secure some common purpose, agree to certain limitations on their freedom of action and establish some joint machinery of consultation or deliberation. The limitations on the freedom of action of the member states may be as trivial as an acknowledgment of their duty to consult with each other before taking some independent action or as significant as the obligation to be bound by majority decisions of the member states. Confederations usually fail to provide for an effective executive authority and lack viable central governments; their member states typically retain their separate military establishments and separate diplomatic representation; and members are generally accorded equal status with an acknowledged right of secession from the confederation. The term federation is used to refer to groupings of states, often on a regional basis, that establish central executive machinery to implement policies or to supervise joint activities. In some cases such groupings are motivated primarily by political or economic concerns; in others, military objectives are paramount.

Historically, confederations have often proved to be a first or second step toward the establishment of a national state, usually as a federal union. Thus, the federal union of modern Switzerland was preceded by a confederation of the Swiss cantons; Germany’s modern federal arrangements may be traced to the German Confederation of the 19th century (the Deutsche Bund); and the federal constitution of the United States is the successor to the government of the Articles of Confederation. In some other cases, confederations have replaced more centralized arrangements, as, for example, when empires disintegrate and are replaced by voluntary associations of their former colonies. The British Commonwealth, or Commonwealth of Nations, and the French Community are cases of this type.

An example of confederal arrangements that gave birth to a federal union is the Articles of Confederation (1781–89) that preceded the Constitution of the United States. The Articles established a Congress of the confederation as a unicameral assembly of ambassadors from the 13 states, each possessing a single vote. The Congress was authorized to appoint an executive committee of states to execute, in the recess of Congress, such of the powers of Congress as the United States, in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; in turn, the committee of states could appoint a presiding officer or president for a term of one year. The Congress could also appoint such other committees and “civil officers as may be necessary for managing the general affairs of the United States” and was given the authority to serve as “the last resort or appeal in all disputes and differences, now subsisting or that hereafter may arise between two or more states.” Although the Congress was given authority in important areas such as the regulation of foreign affairs, the establishment of coinage and weights and measures, the appointment of officers in the confederation’s land and naval forces, and the issuance of bills of credit, all its powers were in fact dependent for their enforcement upon the states. The Congress lacked both an independent source of revenue and the executive machinery to enforce its will directly upon individuals. As the language of the Articles summarized the situation, each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this Confederation expressly delegated to the United States in Congress assembled.

The Commonwealth (formerly the British Commonwealth of Nations) is an example of a confederation born as the result of the decentralization and eventual disintegration of an empire. The original members in 1931 were the United Kingdom, Australia, Canada, the Irish Free State (Ireland), Newfoundland, New Zealand, and the Union of South Africa. In 1949 Newfoundland became a province of Canada, and Ireland withdrew from the Commonwealth. In 1961 South Africa also withdrew from the organization, although it rejoined in 1994. Several new Commonwealth members in the latter half of the 20th century were newly independent former British colonies, such as Malaysia (1957), Cyprus (1961), Kiribati (1979), and Brunei (1984). Namibia joined in 1990 upon gaining independence from South Africa. By the early 21st century, the Commonwealth had grown to include more than 50 members. It also had embraced countries—i.e., Mozambique (1995) and Rwanda (2009)—that lacked colonial ties to Britain.

The Statute of Westminster (1931) established that all members were equal in status. The London Declaration (1949) permitted members to be republics, although all member countries must recognize the British monarch as the symbolic head of the Commonwealth. Commonwealth governments are represented in the capitals of other Commonwealth countries by high commissioners equal in status to ambassadors. The Commonwealth Secretariat organizes meetings, keeps the membership informed, and implements its collective decisions. Member countries have benefited from trade privileges, technical assistance, and educational exchanges. In the second half of the 20th century, the Commonwealth formulated a mission of promoting democracy, economic development, and human rights.

The European Union (EU) is a supranational organization that, while resisting strict classification as either a confederation or a federation, has both confederal and federal aspects. Its predecessor, the European Communities (EC)—comprising the European Coal and Steel Community, established in 1952; the European Economic Community (Common Market), established in 1958; and the European Atomic Energy Community (Euratom)—quickly developed executive machinery exercising significant regulatory and directive authority over the governments and private business firms of the member countries. When the communities were subsumed under the EU in 1993, the EU inherited this executive authority. Yet, despite the EU’s central executive machinery (a key feature of a federal system), each of the member governments retains a substantial measure of national sovereignty—an important aspect of confederal arrangements.

The North Atlantic Treaty Organization (NATO), a military alliance established in April 1949, also is endowed with complex and permanent executive machinery, employing multilateral procedures and involving the continuous elaboration of plans for the conduct of joint military action by its member states. As stated in its treaty, the purpose of NATO is to maintain the security of the North Atlantic area by exercise of the right of collective security recognized in the Charter of the United Nations. An impressive array of institutional mechanisms was established, including a secretary-general and a permanent staff, a council, a military command structure, and liaison staffs; and an ongoing system of collaboration in planning and joint military exercises was brought into being. With the continued development of its organization, NATO gradually added a number of economic and cultural activities to its functions until it came to possess several of the features of a multipurpose supranational organization. As in the EU, however, membership in NATO does not override national sovereignty.




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