French Overseas: New Caledonia and French Polynesia in the Framework of Asymmetrical Federalism and Shared Sovereignty

  • Jacques Ziller
Conference paper

New Caledonia and French Polynesia are not only the most remote parts of the French Republic — as seen from Paris — they also represent the most developed case of autonomy within the French Constitutional setting. Their autonomy justifies the use of concepts like federalism and shared sovereignty, which seem extremely paradoxical for a country that is usually perceived as a prototype of unitary state with uniform legislation.


Judicial Review Territorial Unit French Government High Commissioner Constitutional Amendment 
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  1. The French language bibliography on the subject is quite abundant. See Ziller J (1996) Les DOM-TOM, 2nd edn. LGDJ, Paris and Faberon J-Y and Ziller J 2007, Droit des collectivités d'outre-mer, LGDJ, ParisGoogle Scholar

In the English language see:

  1. Angelo T, Sage Y-L (2004) The status of autonomy of French Polynesia after the constitutional amendment of 28 March 2003 and the Organic Law of 27 February 2004. Revue Juridique de la Polynésie Française 4:110Google Scholar
  2. Berman A (1998a) 1998 and beyond in New Caledonia: at freedom's gate? Pacific Rim Law and Policy Journal 7:1Google Scholar
  3. Berman A (1998b) Future Kanak independence in New Caledonia: reality or illusion? Stanford Journal of International Law 34:287Google Scholar
  4. Berman A (2001) The Noumea accords: emancipation or colonial harness? Texas International Law Journal 36:277Google Scholar
  5. Blanc G (2002) Recent changes in the institutional and legal framework for the mining industry in New Caledonia. International Energy Law and Taxation Review, 6:146, 148Google Scholar
  6. Custos D (2007) New Caledonia, a case of shared sovereignty within the French Republic: appearance or reality? European Public Law 13(1):97Google Scholar
  7. Ziller J (2000) Flexibility in the geographical scope of EU Law: diversity and differentiation in the application of substantive law on member states' territories. In: De Burca G, Scott J (eds) Constitutional change in the EU — from uniformity to flexibility? Hart, OxfordGoogle Scholar
  8. Ziller J (2007) The European Union and its overseas: the territorial scope of European treaties. Revue Juridique de la Polynésie Française (forthcoming)Google Scholar

Copyright information

© Springer-Verlag Berlin Heidelberg 2009

Authors and Affiliations

  • Jacques Ziller
    • 1
  1. 1.European University InstituteUniversity of PaviaPaviaItaly

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