THE LEGAL CAPACITY OF FEDERATED ENTITIES WITH FOREIGN STATES: SOMALILAND-PUNT-LAND PORT PACT DEAL

Abstract

The study examines the legal capacity of federated entities with foreign States especially Puntland and Somaliland’s port agreements with an international subject. The notion of federal State is primarily characterized by a constitutional separation of sovereign competences between the federal Government level on the one hand and the authorities of the sub-national states on the other hand. The main objective of the study is to analyze whether federated entities have powers to exercise in the foreign relations including international agreements. The study employs doctrinal legal methodology and other secondary materials involved. The legal framework centered on this study includes the Federal Constitution of Somalia 2012, Public Procurement Act 2015, Foreign Investment law 2015, the 1970 Declaration of Principles of International law Concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nation, the Vienna Convention on Law of Treaties 1969 while Secondary information includes judicial precedents, text materials, articles, journals, and the internet within and outside Somalia. The study concludes that, the federal Government has, to a large extent, an exclusive executive and legislative competence in matters of international concern. Since the 2012 constitutional reform, the federal government are vested with considerable external competence. The study recommends that, the field of international law of inter-state systems both legal and structural arrangements should adopt a comprehensive action against federal state’s participation in foreign policy in order to defend national interests effectively. Since the question of the treaty-making capacity of a State’s federated entities remains contentious in international order.