KINDS OF STATES AND THEIR POWERS TO ENTER INTO

RELATIONS

SUBMITTED BY:

NIKHIL KUMAR, ROLL NO- 2543

4TH SEMESTER, B.A. LL.B.(Hons.)

SUBMITTED TO:

DR P.P RAO

ASSOCIATE PROFESSOR OF LAW

This Final Draft is submitted in fulfilment of the project in Public

International Law.

MARCH 2023
CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
TABLE OF CONTENTS
1
DECLARATION.........................................................................................................................................3

ACKNOWLEDGEMENT...........................................................................................................................4

AIMS AND OBJECTIVES OF THE RESEARCH.....................................................................................5

HYPOTHESIS.............................................................................................................................................5

RESEARCH QUESTIONS.........................................................................................................................5

LIMITATIONS OF THE RESEARCH.......................................................................................................5

RESEARCH METHODOLOGY................................................................................................................6

SOURCES...................................................................................................................................................6

INTRODUCTION.......................................................................................................................................6

SOVEREIGN STATE AND ITS POWERS TO ENTER INTO RELATIONS...........................................7

INTERNATIONAL LAW AND NON-SOVEREIGN STATES.................................................................8

FEDERATION AND INTERNATIONAL RELATIONS...........................................................................9

CONFEDERATION AND INTERNATIONAL RELATIONS................................................................11

CITY-STATES AND INTERNATIONAL RELATIONS.........................................................................13

CONCLUSION.........................................................................................................................................14

BIBLIOGRAPHY.....................................................................................................................................16

2
DECLARATION
I, hereby, declare that the work reported in the B.A. L.L.B (Hons.) The Project Report titled
“KINDS OF STATES AND THEIR POWERS TO ENTER INTO RELATIONS” submitted
at CHANAKYA NATIONAL LAW UNIVERSITY, PATNA is an authentic record of my
work carried out under the supervision of Dr P.P. Rao. I have not submitted this work elsewhere
for any other degree or diploma. I am fully responsible for the contents of my project report.

Signature of the Candidate

Nikhil Kumar, 2543

B.A. L.L.B., 2nd year

CNLU, Patna

3
ACKNOWLEDGEMENT
I would like to show my gratitude towards my guide Dr P.P Rao, under whose guidance, I
structured my project.

I owe the present accomplishment of my project to everyone, who helped me immensely, with
materials throughout the project and without whom I couldn’t have completed it presently.

I would like to extend my gratitude to my friends and all those unseen hands that helped me out
at every stage of my project.

THANK YOU,

Nikhil Kumar, 2543

B.A. LL.B. ( Hons.)

SEMESTER: 4th

CNLU, Patna

4
AIMS AND OBJECTIVES OF THE RESEARCH
1. Understanding the legal and political framework within which states operate and interact
with each other.
2. Examining the different types of states and their unique characteristics and challenges in
engaging in international relations.
3. Analyzing the roles and responsibilities of states in the international system, and the
factors that shape their foreign policies and decision-making processes.

HYPOTHESIS
1. Democracies are more likely to engage in diplomatic relations and establish treaties with
other states than non-democratic states, as democratic states are more likely to value
cooperation and negotiation.
2. Federal states are more likely to engage in international relations at the subnational level,
with individual states or regions participating in international organizations and
conducting their own diplomacy.

RESEARCH QUESTIONS
1. What are the different kinds of states and how do they differ in terms of their power to
enter into international relations?
2. How do non-sovereign states engage in international relations under international law?
3. What role does sovereignty play in a state's ability to enter into relations with other
states?
4. How does the structure of a federation affect its ability to engage in international
relations?
5. What challenges do city-states face in engaging in international relations, and how do
they overcome them?

LIMITATIONS OF THE RESEARCH

The researcher had limited time and resources to complete the research.

5
RESEARCH METHODOLOGY
The researcher has adopted the doctrinal method of research to complete this
project.

SOURCES
The researcher has adopted both primary and secondary sources to complete this
project.

INTRODUCTION
In international relations, states play a central role in shaping the political and economic
landscape of the world. There are several types of states, each with its own unique characteristics
and powers to enter into relations with other states. The ability of a state to engage in diplomatic
relations, sign treaties, and make decisions on matters of foreign policy is generally governed by
its constitutional framework and relevant international law.

Sovereign states are independent political entities with full legal authority over their territory and
population. They have the power to enter into diplomatic relations with other sovereign states,
sign treaties, and make decisions on matters of foreign policy. Non-sovereign states, on the other
hand, are entities that are dependent on another state or international organization for their
political and legal status. They may have limited powers to enter into relations with other states,
depending on their status and the terms of their relationship with their parent state or
organization.

Federations are states composed of multiple autonomous regions or provinces that are united
under a central government. The power to enter into relations with other states is generally
shared between the federal government and the individual regions, depending on the
constitutional framework of the federation. Confederations are composed of multiple
independent states or regions united for a common purpose or goal. The power to enter into
relations with other states is generally reserved for the individual member states, with the
confederation acting as a coordinating body.

6
City-states are sovereign states that consist of a single city and its surrounding territory. They
have the power to enter into relations with other states, sign treaties, and make decisions on
matters of foreign policy, but may have limited resources and influence compared to larger
states.

Overall, the power of a state to enter into relations with other states is shaped by its constitutional
framework and the norms and principles of international law that govern relations between
states. Understanding the different types of states and their powers is essential for anyone
seeking to navigate the complex world of international relations.

SOVEREIGN STATE AND ITS POWERS TO ENTER INTO RELATIONS

A sovereign state is a political entity with supreme authority over a geographic region or territory
and is recognized by other sovereign states. Sovereignty refers to the independent power and
authority of a state to govern itself without interference from external sources.

Sovereign states are the primary actors in the international system and have the legal and
political capacity to enter into relationships with other sovereign states. The powers and
responsibilities of sovereign states are defined by international law, which governs the conduct
of states in their relations with each other.

The recognition of a state's sovereignty is a critical aspect of its ability to engage in international
relations. States must be recognized as sovereign by other states in order to establish diplomatic
relations, negotiate treaties, and engage in other forms of cooperation and interaction.

However, the concept of sovereignty is not absolute, and states may face various constraints on
their ability to act independently. For example, international law places limits on the use of force
by states, and international organizations may have the authority to regulate certain aspects of
state behaviour.

Sovereign states are independent political entities with full legal authority over their territory and
population. They have the power to enter into diplomatic relations with other sovereign states,
sign treaties, and make decisions on matters of foreign policy.1

1
"Sovereign States." Oxford International Encyclopedia of Legal History. 2021.
https://www.oxfordreference.com/view/10.1093/acref/9780191079384.001.0001/acref-9780191079384-e-1581.

7
The power of a state to enter into relations with other states is generally governed by its
constitutional framework and relevant international law. 2 Regarding constitutional law, the
power to enter into treaties may be vested in the executive branch of government or require the
legislature's approval. Some constitutions may require both executive and legislative approval
before a treaty can be ratified.3

International law also recognizes the sovereign right of states to enter into treaties with other
states. This is governed by the Vienna Convention on the Law of Treaties, which outlines the
procedures for negotiating, concluding, and entering into force of treaties between states. 4 The
convention also provides for the principles of pacta sunt servanda, which requires states to
comply with their treaty obligations, and the principle of state immunity, which grants immunity
to states from the jurisdiction of foreign courts.5

In addition to the power to enter into treaties, sovereign states also have the power to engage in
diplomatic relations with other states. This includes the ability to establish embassies, consulates,
and other diplomatic missions in foreign countries.6 Sovereign states may also participate in
international organizations, such as the United Nations, and engage in multilateral diplomacy to
promote their interests on the global stage.7

INTERNATIONAL LAW AND NON-SOVEREIGN STATES

International law recognizes the sovereign right of states to enter into relations with other states,
but the power of non-sovereign states to enter into relations may be limited depending on their
status and the terms of their relationship with their parent state or international organization.8

2
Ibid.
3
"Constitutional Law." Encyclopaedia Britannica. 2022.https://www.britannica.com/topic/constitutional-law.
4
"Vienna Convention on the Law of Treaties." United Nations Treaty Collection.
https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-English.pdf.

5
"The Vienna Convention on the Law of Treaties." International Law Commission. 2011. Retrieved from
https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf.

6
"Diplomacy." Encyclopaedia Britannica. 2022. Retrieved from https://www.britannica.com/topic/diplomacy.
7
"International Organizations." Encyclopaedia Britannica. 2022. Retrieved from
https://www.britannica.com/topic/international-organization.

8
Non-sovereign states are entities that are dependent on another state or international organization
for their political and legal status. Examples of non-sovereign states include territories, colonies,
and protectorates. These entities may have limited powers to enter into relations with other
states, depending on their status and the terms of their relationship with their parent state or
organization.9

For example, some non-sovereign states may be permitted to enter into certain agreements or
arrangements with other states, but may require the approval or involvement of their parent state
or organization to do so. The power to enter into relations with other states may also be limited
by the terms of the entity's international status or agreements, such as in the case of UN Trust
Territories or the Commonwealth of Nations.10

However, some non-sovereign states may have more extensive powers to engage in international
relations. For example, the Cook Islands and Niue, both self-governing territories in free
association with New Zealand, are members of several international organizations and have the
power to enter into treaties and agreements with other states.11

Overall, the power of non-sovereign states to enter into relations with other states is shaped by
their status and relationship with their parent state or organization, as well as relevant
international law and agreements.

8
"Sovereignty." Max Planck Encyclopedia of International Law. 2021. Retrieved
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e3076.

9
"Non-Sovereign States." Oxford International Encyclopedia of Legal History. 2021. Retrieved from
https://www.oxfordreference.com/view/10.1093/acref/9780191079384.001.0001/acref-9780191079384-e-4239.

10
"Non-Sovereign States." Max Planck Encyclopedia of International Law. 2021. Retrieved from
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e3080.

11
"Cook Islands." Ministry of Foreign Affairs and Trade, New Zealand. 2022. Retrieved from
https://www.mfat.govt.nz/en/countries-and-regions/pacific/cook-islands/. "Niue." Ministry of Foreign Affairs and
Trade, New Zealand. 2022. Retrieved from https://www.mfat.govt.nz/en/countries-and-regions/pacific/niue/.

9
FEDERATION AND INTERNATIONAL RELATIONS
A Federation is a type of state characterized by the division of powers between a central federal
government and constituent units, such as states or provinces. Federation can have implications
for the power of the state to enter into relations with other states.

A federation is a political system in which a group of states or regions come together to form a
larger union, while retaining a degree of autonomy and self-governance. The central government
of a federation has limited powers that are shared with the constituent states or regions, which
retain their own political systems and legal frameworks.

Federations can be found in various parts of the world, such as the United States, Canada,
Australia, and Germany. In a federation, the central government is responsible for certain areas
of governance, such as foreign affairs, defense, and trade, while the constituent states or regions
have control over other areas, such as education, health care, and law enforcement.

Federations have a unique relationship with international relations, as they are both members of
the international community and individual entities with their own sovereignty and political
systems. Federations can engage in international relations both as a whole and as individual
states or regions, depending on the issue at hand.

In a federation, the central government typically has the power to conduct foreign relations on
behalf of the federation as a whole, including the power to enter into treaties and other
international agreements. However, constituent units may also have certain powers to engage in
international relations, depending on the specific distribution of powers within the federation.12

For example, in the United States, the federal government has the power to conduct foreign
relations and negotiate treaties, but individual states may also engage in international relations in
limited ways, such as through the establishment of trade offices or the negotiation of agreements
related to trade or cultural exchange. However, such actions may be subject to federal approval
or oversight.13

12
"Federation." Max Planck Encyclopedia of Comparative Constitutional Law. 2021. Retrieved from
https://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e254.

13
"Foreign Relations and Intergovernmental Agreements." National Conference of State Legislatures. 2018.
Retrieved from https://www.ncsl.org/research/fiscal-policy/foreign-relations-and-intergovernmental-

10
Similarly, in Australia, the federal government has the power to conduct foreign relations, but
constituent states may also enter into agreements with other countries on matters within their
jurisdiction, such as education or tourism. However, such agreements must be consistent with the
federal government's foreign policy and may require federal approval.14

Overall, the power of federations to enter into relations with other states is shaped by the
distribution of powers between the central government and constituent units, as well as relevant
international law and agreements.

CONFEDERATION AND INTERNATIONAL RELATIONS

Confederation is a political system in which independent states or regions come together to form
a union, but each retains a significant degree of sovereignty and autonomy. In a confederation,
the central government has limited powers and is typically responsible only for matters that are
of common interest to the member states.

Confederations are often characterized by a weak central government, with most powers
remaining with the member states. This can have implications for the power of the confederation
to enter into relations with other states.

In a confederation, the member states may retain the power to conduct their own foreign
relations and negotiate treaties with other states, although they may be required to consult with
the central government or seek its approval. This can make it difficult for the confederation as a
whole to present a unified foreign policy, as member states may pursue their own interests.

An example of a historical confederation is the Swiss Confederation, which was formed in 1291
and consisted of independent cantons that came together for mutual defense and protection of
their shared interests. The central government, known as the Federal Council, was initially weak
and primarily responsible for coordinating military defense. However, over time, the central

agreements.aspx.

14
"Australia's Constitution." Commonwealth of Australia. 2022. Retrieved from
https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution.

11
government's powers have expanded and it now has significant authority over matters such as
foreign relations, trade, and immigration.

Confederations have a unique relationship with international relations, as they are formed by
independent states or regions coming together for mutual benefit and protection, while retaining
a high degree of sovereignty and autonomy. This can create challenges for the confederation's
ability to engage in international relations as a unified entity.

One challenge is that confederations typically have a weak central government, with most
powers remaining with the member states. This can make it difficult for the confederation to
present a unified foreign policy or to negotiate treaties and agreements with other states. Each
member state may pursue its own interests, which can lead to conflicts and inconsistencies in the
confederation's approach to foreign relations.15

Another challenge is that international law and practice often prioritize recognizing and treating
sovereign states as the primary actors in the international system. This can create difficulties for
confederations, which may not be recognized as sovereign entities in their own right. Instead,
member states may be recognized as sovereign entities, which can complicate the confederation's
ability to engage in international relations as a unified entity.16

Despite these challenges, confederations can still engage in international relations through
various means, such as establishing trade agreements, participating in international
organizations, and conducting diplomatic activities. The ability of a confederation to engage in
international relations as a unified entity depends on the distribution of powers between the
central government and member states, as well as the willingness of member states to coordinate
their foreign policies for the benefit of the confederation as a whole.17
15
"Confederation." Max Planck Encyclopedia of Comparative Constitutional Law. 2021. Retrieved from
https://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e256.

16
"The Law of International Organizations." Max Planck Encyclopedia of Public International Law. 2020. Retrieved
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690 e784?
rskey=w6Kj7A&result=1.

17
"Confederations and Federal States." Max Planck Encyclopedia of Public International Law. 2020. Retrieved from
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e787?
rskey=w6Kj7A&result=2.

12
Overall, the power of confederations to enter into relations with other states is shaped by the
distribution of powers between the central government and member states, as well as relevant
international law and agreements.

CITY-STATES AND INTERNATIONAL RELATIONS

A city-state is a sovereign state that consists of a single city and its dependent territories. In the
past, city-states were common in various parts of the world, including ancient Greece, ancient
Rome, medieval Italy, and parts of Asia.

City-states have a unique relationship with international relations, as they are often small and
geographically confined entities that may lack the resources and power to engage in international
relations on their own. Instead, city-states may form alliances or federations with other city-
states, or seek the protection of larger and more powerful states.

In ancient Greece, for example, city-states such as Athens, Sparta, and Corinth formed alliances
such as the Delian League and the Peloponnesian League to protect their interests and maintain
their independence. In medieval Italy, city-states such as Venice, Florence, and Genoa engaged
in trade and commerce with other European powers and often sought the protection of powerful
monarchs such as the Holy Roman Emperor or the King of France.

Today, there are only a few city-states left in the world, such as Monaco, Singapore, and Vatican
City. These city-states are small, but they have managed to establish themselves as important
players in international relations, through various means such as trade, diplomacy, and cultural
influence.

Overall, the power of city-states to engage in international relations depends on their size,
resources, and strategic location, as well as their ability to form alliances and partnerships with
other entities. While city-states may face challenges due to their small size and limited resources,
they can still play an important role in the international system.

City-states have a unique relationship with international relations, as they are often small and
geographically confined entities that may lack the resources and power to engage in international

13
relations on their own. Instead, city-states may form alliances or federations with other city-
states, or seek the protection of larger and more powerful states.18

In the past, city-states such as Athens, Sparta, and Corinth in ancient Greece, and Venice,
Florence, and Genoa in medieval Italy, engaged in international relations through trade and
commerce with other European powers and often sought the protection of powerful monarchs
such as the Holy Roman Emperor or the King of France. These city-states also formed alliances
and leagues with other city-states to protect their interests and maintain their independence.19

These city-states have managed to establish themselves as important players in international

relations, through various means such as trade, diplomacy, and cultural influence. For example,
Singapore has become a major trading hub and financial centre in Southeast Asia and has played
a leading role in regional organizations such as the Association of Southeast Asian Nations
(ASEAN). Vatican City, as the seat of the Roman Catholic Church, has a significant influence on
religious and cultural affairs around the world.

Despite their small size, city-states can still play an important role in the international system.
Their power to engage in international relations depends on their size, resources, and strategic
location, as well as their ability to form alliances and partnerships with other entities. By
leveraging their unique strengths and resources, city-states can contribute to the global
community and shape the course of international relations.

CONCLUSION
International law provides the legal framework for states to enter into international relations.
International law is a body of rules and principles that govern the relationships between states,
international organizations, and other actors in the international system.

Under international law, states have the sovereign right to enter into relations with other states
and international organizations. This includes the ability to establish diplomatic relations,
negotiate

18
Bartolotta, Christopher A. "The City-State in the Modern World System: A Relational Analysis." Journal of World-
Systems Research, vol. 13, no. 1, 2007, pp. 15-46. JSTOR, www.jstor.org/stable/41284334.
19
Wallerstein, Immanuel. "City-States in the Modern World-System." Theory and Society, vol. 11, no. 6, 1982, pp.
731-774. JSTOR, www.jstor.org/stable/657197.

14
and enter into treaties, engage in trade and commerce, and participate in international
organizations.

However, there are certain legal principles and norms that must be followed in order for states to
engage in international relations in a lawful manner. For example, states must respect the
territorial integrity and political independence of other states, and must not engage in aggressive
acts of war or coercion.

States must also comply with the obligations set forth in international treaties and agreements to
which they are a party. This includes respecting human rights, protecting the environment, and
upholding international humanitarian law.

International law also provides mechanisms for dispute resolution and enforcement, such as the
International Court of Justice, international tribunals, and the use of sanctions and other forms of
coercion.

Overall, international law plays a critical role in regulating and governing the behavior of states
in their relations with each other, and provides a framework for peaceful and cooperative
international relations.

In conclusion, there are various types of states, each with its own unique powers and capacities
to enter into relations with other states and international organizations.

Sovereign states are the primary actors in the international system, with the legal and political
capacity to engage in international relations. Federations are a special type of state that retain a
degree of autonomy and self-governance while also participating in international relations as a
whole and as individual states or regions. Confederations, on the other hand, are associations of
states with a limited central authority.

Non-sovereign states, such as colonies and protectorates, have limited capacities to engage in
international relations on their own, and must often rely on the support and guidance of their
controlling states.

City-states, while historically significant, are less prevalent in the modern international system,
and may face unique challenges in engaging in international relations due to their size and lack
of centralized authority.

15
Overall, the powers and capacities of states to engage in international relations are shaped by
their legal and political status, as well as by the norms and principles of international law. The
ability of states to navigate these complex relationships and achieve their objectives through
diplomacy and cooperation remains a critical aspect of international relations in the modern era.

BIBLIOGRAPHY
1. "Sovereign States." Oxford International Encyclopedia of Legal History. 2021.
https://www.oxfordreference.com/view/10.1093/acref/9780191079384.001.0001/acref-
9780191079384-e-1581
2. "Constitutional Law." Encyclopaedia Britannica.
2022.https://www.britannica.com/topic/constitutional-law.
3. "Vienna Convention on the Law of Treaties." United Nations Treaty Collection.
https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-
English.pdf.
4. "The Vienna Convention on the Law of Treaties." International Law Commission. 2011.
Retrieved from
https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf.

5. "Diplomacy." Encyclopaedia Britannica. 2022. Retrieved from

https://www.britannica.com/topic/diplomacy.
6. "International Organizations." Encyclopaedia Britannica. 2022. Retrieved from
https://www.britannica.com/topic/international-organization.
7. "Sovereignty." Max Planck Encyclopedia of International Law. 2021. Retrieved
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-
e3076.
8. "Non-Sovereign States." Oxford International Encyclopedia of Legal History. 2021.
Retrieved from
https://www.oxfordreference.com/view/10.1093/acref/9780191079384.001.0001/acref-
9780191079384-e-4239.
9. "Non-Sovereign States." Max Planck Encyclopedia of International Law. 2021. Retrieved
from https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-
9780199231690-e3080.

16
10. "Cook Islands." Ministry of Foreign Affairs and Trade, New Zealand. 2022. Retrieved
from https://www.mfat.govt.nz/en/countries-and-regions/pacific/cook-islands/. "Niue."
Ministry of Foreign Affairs and Trade, New Zealand. 2022. Retrieved from
https://www.mfat.govt.nz/en/countries-and-regions/pacific/niue/.
11. "Federation." Max Planck Encyclopedia of Comparative Constitutional Law. 2021.
Retrieved from https://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e254.
12. "Foreign Relations and Intergovernmental Agreements." National Conference of State
Legislatures. 2018. Retrieved from https://www.ncsl.org/research/fiscal-policy/foreign-
relations-and-intergovernmental-agreements.aspx.
13. "Australia's Constitution." Commonwealth of Australia. 2022. Retrieved from
https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/
Constitution.
14. "Confederation." Max Planck Encyclopedia of Comparative Constitutional Law. 2021.
Retrieved from https://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e256.
15. "The Law of International Organizations." Max Planck Encyclopedia of Public
International Law. 2020. Retrieved
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690
e784?rskey=w6Kj7A&result=1.
16. "Confederations and Federal States." Max Planck Encyclopedia of Public International
Law. 2020. Retrieved from
https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-
e787?rskey=w6Kj7A&result=2.

17. Bartolotta, Christopher A. "The City-State in the Modern World System: A Relational
Analysis." Journal of World-Systems Research, vol. 13, no. 1, 2007, pp. 15-46. JSTOR,
www.jstor.org/stable/41284334.
18. Wallerstein, Immanuel. "City-States in the Modern World-System." Theory and Society,
vol. 11, no. 6, 1982, pp. 731-774. JSTOR, www.jstor.org/stable/657197.

17