As in the case of the codification of other topics by the Commission, the form to be given to the codification of succession of states in respect of matters other than treaties cannot be determined until the study of the subject has been completed. The Commission, in accordance with its Statute, will then formulate the recommendations it considers appropriate. Without prejudging those recommendations, it has already decided to set out its study in the form of draft articles, since it believes that this is the best method of discerning or developing the rules of international law in the matter. The draft is being prepared in a form which would permit its use as a basis for a convention if it were decided that a convention should be concluded.

The texts of pars. 61 and 62 of the Commission's commentary concerning art. 22 are reproduced below from pp. 218 and 219 of the Report of the International Law Commission on the Work of Its Twenty-Ninth Sess., May 9-July 29, 1977, GAOR: Thirty-second sess., Supp. No. 10 (A/32/10), 1977:

(61) The above general considerations concerning the capacity to pay must be viewed in relation to the developments occurring in contemporary international relations concerning the principle of the permanent sovereignty of every people over its wealth and natural resources, which constitutes a fundamental element in the right of peoples to self-determination. That principle has been strongly affirmed not only in resolutions of the General Assembly [See, for example, General Assembly Resolutions 626 (VII) of December 21, 1952, 1803 (XVII) of December 14, 1962, 2158 (XXI) of November 25, 1966, 2386 (XXIII) of November 19, 1968, and 2692 (XXV) of December 11, 1970. See also Economic and Social Council Resolutions 1737 (LIV) of May 4, 1973, and 1956 (LIX) of July 25, 1975.], but also in treaties adopted within the framework of the United Nations. Thus paragraph 2 of article 1 of both the International Covenant on Economic, Social and Cultural Rights reads as follows:

2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic cooperation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. [Annex to General Assembly Resolution 2200 (XXI) of December 16, 1966.]

(62) The General Assembly of the United Nations has only recently reiterated and developed that principle. By Resolution 3201 (S-VI) of May 1, 1974, entitled "Declaration on the Establishment of a New International Economic Order," the General Assembly declared that that order should be founded on full respect for various principles including the following:

(e) Full permanent sovereignty of every state over its natural resources and all economic activities . . .;

(f) The right of all states, territories and peoples under foreign occupation, alien and colonial domination or apartheid to restitution and full compensation for the exploitation and depletion of, and damage to, the natural resources and all other resources of those states, territories and peoples; In Resolution 3202 (S-VI) of the same day, entitled "Program of Action on the Establishment of a New International Economic Order," the General Assembly stated that "All efforts should be made: (a) to defeat attempts to prevent the free and effective exercise of the rights of every state to full and permanent sovereignty over its natural resources . . .". The Charter of Economic Rights and Duties of States, adopted by the General Assembly as Resolution 3281 (XXX) of December 12, 1974, provides in article 2, paragraph 1, that: "Every state has and shall freely exercise full permanent sovereignty including possession, use and disposal, over all its wealth, natural resources and economic activities." Article 16, paragraph 1, of that Charter states:

It is the right and duty of all states, individually and collectively, to eliminate colonialism . . . neo-colonialism . . . and the economic and social consequences thereof, as a prerequisite for development. States which practice such coercive policies are economically responsible to the countries, territories and peoples affected for the restitution and full compensation for the exploitation and depletion of, and damages to, the natural and all other

resources of those countries, territories and people. It is the duty of all states to extend assistance to them.

U.N.G.A. Res. 2625 (XXV), entitled "Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations," was adopted on Oct. 24, 1970.

A portion of art. 13 of the U.N. Charter appears below:

1. The General Assembly shall initiate studies and make recommendations for the purpose of:

a. promoting international cooperation in the political field and encouraging the progressive development of international law and its codification;

For other portions of Mr. Rosenstock's statement, see ante, Ch. 2. § 2, pp. 12–14 and post, Ch. 9, § 1, pp. 672-674. For further information on the legal effects of U.N.G.A. resolutions, see post, Ch. 9, § 2, pp. 675–683.

§ 5

Puerto Rico

Self-Governing and Non-Self-Governing
Territories

Self-Determination

On January 2, 1977, Maurice A. Ferre, Mayor of Miami, Florida, delivered a speech on behalf of Jimmy Carter, President-elect of the United States, on the occasion of the inauguration of Carlos Romero Barcelo as Governor of Puerto Rico. The speech stressed that the Carter Administration would fully support Puerto Rico's right to selfdetermination regardless of the choice that Puerto Rico might make in this regard. Portions of the text of the speech follow:

Too long have some sectors of Washington approached Puerto Rico on a dividing "we and you" basis, forgetting that Puerto Rico is an island where over three million American citizens live. As President of the United States, you can be assured that I will be conscious of the needs of all American citizens, wherever they may

be.

If we in the United States are to continue to live in a free, pluralistic society, we must be ever aware of the diversity of our national character. If this cultural pluralism is applicable to other minority groups, then it is valid for our citizens from Puerto Rico, both those on the island and the almost two million Puerto Ricans on the mainland. Of course, as Puerto Ricans, you have, can and should continue to enjoy your own cultural identity and history.

The Constitution of the United States does not distinguish between citizens. We do not have in our country first and second class citizens. We are all Americans, without distinction of color, creed, sex, religion and . . . without distinction of language. We must

never again discriminate against citizens because they are unable to speak English. Our Constitution guarantees full citizens rights to people of different cultures, be they Chinese in San Francisco, Mexican-Americans in El Paso, or Puerto Ricans in San Juan.

My Party's Platform, on which I ran for the Presidency, clearly states the recognition of Puerto Rico's right to political self-determination. I fully subscribe to and support this expressed right, whatever your choice may be.

Dept. of State File No. P78 0012–1123.

On January 14, 1977, President Gerald R. Ford submitted to the Congress the Puerto Rico Statehood Act of 1977, which would "extend to the people of Puerto Rico the opportunity to achieve the status of statehood if they should so desire." It was introduced on January 14, 1977, as H.R. 2201. President Ford's letter transmitting the proposed bill outlined the steps necessary under it for Puerto Rico to attain statehood:

First, ... Congress would establish a joint U.S.-Puerto Rico Commission to enable the people of Puerto Rico to participate effectively in determining the terms and conditions for Puerto Rico's proposed admission to statehood.

Second, Congress, after receiving the Commission Report, would set the terms and conditions of statehood.

Third, the Act provides for an island-wide referendum among the people of Puerto Rico on whether the Commonwealth should become a State.

Fourth, the Act proposes that if the referendum passes, delegates to a constitutional convention will meet to frame a constitution for the proposed State.

Fifth, the new constitution would be presented to the people of Puerto Rico for ratification.

Sixth, the proposed State constitution, if ratified, would be submitted to the President of the United States and to Congress for approval.

Seventh, upon approval of the proposed constitution, the voters of Puerto Rico would elect two Senators and five Members of the House of Representatives.

Eighth, the Governor of Puerto Rico would certify the results of the election to the President, and the President would proclaim Puerto Rico a State.

13 Weekly Comp. of Pres. Doc. 45 (Jan. 20, 1977).

The duties of the proposed joint U.S.-Puerto Rico Commission, which would be composed of five members appointed by the President of the United States and five members appointed by the Governor of

Puerto Rico, would include studies and discussions of the following subjects:

(a) the economic issues that relate to the status of statehood for Puerto Rico;

(b) the jurisdictional limits of Puerto Rico, including rights or interests to the natural resources therein;

(c) the effect of any necessary changes in internal revenue laws that may be or become applicable to Puerto Rico, including levels of revenue sharing, customs and duty collections and related questions; (d) fair labor standards, health, welfare, social services, and education;

(e) questions of a cultural nature, including the use of Spanish as the official language of the State;

(f) possible transfer of Federal real or personal property to Puerto Rico; and

(g) the general question of the applicability of the United States Constitution and Federal laws to Puerto Rico.

The bill would require the Commission to submit a final report within 18 to 30 months to the President, the Congress, and the Governor of Puerto Rico. Within 90 days of this submission, the President and the Congress would determine whether the report required further modification of the proposed bill or other action.

Within 375 days after receipt of the report, the Governor would be required to call for a referendum on the following proposition: "Shall Puerto Rico be admitted into the Union as a State?" If this proposition were to be adopted by a majority of the qualified electors of Puerto Rico, a constitutional convention provided for in the bill would adopt the Constitution of the United States and frame a constitution for a State Government for Puerto Rico. This State constitution would then have to be submitted to the people of Puerto Rico for ratification at an election and then to the President and the Congress for approval. The total time period required for the process to be completed would be between 40 and 70 months subsequent to the passage of the bill.

H.R. 2201, 95th Cong., 1st Sess. (1977).

On May 16, 1977, James F. Leonard, Deputy U.S. Representative to the United Nations, responded to the May 5, 1977, letter of Sami Glayel, Rapporteur of the U.N. Committee of Twenty-four on Decolonization, requesting the views of the U.S. Government on selfdetermination with regard to Puerto Rico. Ambassador Leonard's letter appears in part below:

* * *

United States policy on Puerto Rico is based on complete acceptance of the right of the people of Puerto Rico to self-determination. The people of Puerto Rico exercised this right in approving Com

monwealth status and their own Constitution in 1952. They reaffirmed that choice in a status referendum in 1967, in which 60.41 percent voted for Commonwealth status, 38.98 percent voted for statehood and 0.60 percent voted for independence.

In 1953 the United Nations General Assembly explicitly recognized the self-governing status of Puerto Rico and agreed to the removal of Puerto Rico from the list of non-self-governing territories by adopting Resolution 748 (VIII). The General Assembly reaffirmed that decision in 1971 when it rejected an attempt to inscribe an item concerning Puerto Rico on the agenda of its twentysixth session. The people of Puerto Rico regularly participate in free and open elections, the most recent of which occurred in November 1976. In that election the candidate of the principal opposition party was elected Governor, while the combined vote of the two parties supporting independence was only 6 percent.

The United States has often made clear that the question of the status of Puerto Rico is an internal affair of the people of Puerto Rico and the United States. President Carter has stated that he will support whatever status the people of Puerto Rico wish, but that the initiative for any change should come from them. In view of the self-governing status of Puerto Rico, and the fact that the nature of its relationship with the United States is based on the free expression of the will of the Puerto Rican people, the U.S. Government regards discussion of Puerto Rico's status in international forums, particularly in forums which deal with colonial issues, as inappropriate.

Dept. of State File No. P77 0152-2238.

The formal title of the Committee of Twenty-four is the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples.

Virgin Islands

On September 13, 1977, Ambassador Donald F. McHenry made a statement in the Committee of Twenty-four on Decolonization during the Committee's consideration of the report of the Visiting Mission which went to the Virgin Islands in 1977. Ambassador McHenry discussed U.S. obligations regarding non-self-governing territories pursuant to article 73 of the U.N. Charter and emphasized the respect the U.S. Government holds for the right of self-determination. Ambassador McHenry also outlined recent U.S. legislation permitting the Territorial Legislature of the Virgin Islands to call a constitutional convention, various political and social advancements of the people of the Virgin Islands, and the willingness of the U.S. Government to study the Visiting Mission's conclusions and recommendations. Portions of Ambassador McHenry's statement follow:

The report... clearly reflect[s] the commitment of the United States to faithfully and fully comply with its obligations pursuant to article 73 of the Charter of the United Nations.