The Creation of States in International Law by James R. Crawford;

Author:James R. Crawford;
Language: eng
Format: epub
Publisher: OUP Premium

(4)Remaining non-self-governing territories

As a result of the processes described above, there are now only sixteen remaining Chapter XI territories—leaving aside the possibility, already discussed, that other unlisted territories should be so considered.

Table 5. Remaining non-self-governing territories148

Each of the remaining non-self-governing territories belong to at least one multilateral organization, illustrating the greater willingness on the part of administering powers and third States to treat with these entities at least for some purposes as international legal persons. These territories also have entered into agreements or memoranda of understanding with neighbouring States.149

Table 6. Membership of non-self-governing territories in international organizations

Territory Organizations

American Samoa ESCAP (associate), Interpol (sub-bureau), IOC, PC

Anguilla Caricom (associate), CDB, Interpol (sub-bureau), OECS (associate), ECLAC (associate)

Bermuda Caricom (observer), CCC, ICFTU, Interpol (sub-bureau), IOC

British Virgin Islands Caricom (associate), CDB, ECLAC (associate), ICCAT, ILO (associate), Interpol (sub-bureau), IOC, OECS (associate), UNESCO (associate)

Cayman Islands Caricom (observer), CDB, Interpol (sub-bureau), IOC, UNESCO (associate)

Falkland Islands ICFTU

Gibraltar Interpol (sub-bureau)

Guam ESCAP (associate), Interpol (sub-bureau), IOC, PC

Montserrat Caricom, CDB, ECLAC (associate), ICFTU, Interpol (sub-bureau), OECS, WCL

New Caledonia ESCAP (associate), FZ, ICFTU, PC, WFTU, WMO, PIF (observer)

Pitcairn PC

St. Helena ICFTU

Tokelau PC, WHO (associate), UNESCO (associate)

Turks and Caicos Islands Caricom (associate), CDB, Interpol (sub-bureau)

United States Virgin Islands ECLAC (associate), Interpol (sub-bureau), IOC

Western Sahara African Union (as Saharawi Arab Democratic Republic) 150

In a number of these territories, popular consultations have taken place that have rejected some option of self-governing status (independence or integration), and have in effect opted for the colonial status quo. Some writers have referred, in consequence, to a ‘fourth option,’ which apparently would add to the three options under Principle VI of resolution 1541 (XV), analysed above.151 In terms of the Friendly Relations Declaration, this ‘fourth option’ involves ‘the emergence into any other political status freely determined by a people’.152 In a similar context the United Kingdom and the United States—between them responsible for fourteen of the sixteen remaining territories—have asserted that the Committee of Twenty-four is wrongly insisting on ‘a single and narrow standard for decolonization.’153 According to this view, the standards hitherto applied under resolutions 1514(XV) and 1541(XV) are too narrow to accommodate the territories now in the process of decolonization.154 Representatives of some of the territories concerned have put forward what they saw as a fourth, sui generis option: ‘negotiation with respect to an individualized arrangement mutually agreed by territory and administering power’.155

Clearly it is inappropriate to force small communities into a rigid set of choices that do not reflect or respond to their needs and wishes. But to assume that the existing law of decolonization does this is mistaken. There is a wide range of choice—particularly in the case of association, which can cover a spectrum of possibilities from virtual independence to virtual integration. The peoples concerned may be encouraged—and have a right—to be free. But there are different forms of freedom.156

It may, however, be useful to speak of a ‘fourth option’ in another sense. Plebiscites in a number of Chapter XI territories have shown that the inhabitants wish to retain their existing dependent status. This has been so in Bermuda,157 the Virgin Islands158 and American Samoa.

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