Self-Determination for Nonself-Governing Peoples and for Indigenous Peoples: The Cases of Guam and Hawai'i
![handle is hein.journals/uhawlr18 and id is 637 raw text is: Self-Determination for Nonself-governing
Peoples and for Indigenous Peoples: The
Cases of Guam and Hawai'i
Jon M. Van Dyke*, Carmen Di Amore-Siah**,
Gerald W. Berkley-Coats***
I. INTRODUCTION
The people who inhabit nonself-governing territories (such as the
five U.S.-flag territories and commonwealths) have a right to self-
determination and self-governance under international law.' In addi-
tion, the indigenous peoples in these, and other, communities have
rights under international (and domestic) law that are separate and
* Professor of Law, William S. Richardson School of Law. J.D. 1967, Harvard
University. Professor Van Dyke presented an earlier version of this paper at the
Second National Conference on relations between United States and American Samoa,
Guam, Micronesia, and the Northern Marianas, Puerto Rico and the United States
Virgin Islands, May 26, 1994, Washington, D.C., and to the Native Hawaiian Bar
Association, September 28, 1994.
** Attorney at Law, Honolulu, Hawai'i. J.D. 1989, William S. Richardson School
of Law. Ms. Di Amore-Siah grew up on Guam.
*** Professor of History, University of Guam. M.A. 1971, University of Hawai'i
at Manoa; Ph.D. 1977, University of Hong Kong; J.D. 1991, William S. Richardson
School of Law.
I Declaration on the Granting of Independence to Colonial Countries and Peoples,
G.A. Res. 1514, U.N. GAOR, 15th Sess., Supp. No. 16, at 66, U.N. Doc. A/4684
(1960); G.A. Res. 1541, U.N. GAOR, 15th Sess., Supp. No. 16, at 29, Annexes,
Agenda Item No. 38, at 9, U.N. Doc. A/4684 (1960). See Jon M. Van Dyke, The
Evolving Legal Relationships Between the United States and Its Affiliated U.S. -Flag Islands, 14
U. HAW. L. REV. 445, 503-05, 510-16 (1992) [hereinafter Van Dyke, Evolving Legal
Relationships]. The five U.S.-flag territories and commonwealths are American Samoa,
the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto
Rico, Guam, and the U.S. Virgin Islands.](ViewImageLocal?handle=hein.journals/uhawlr18&div=18&collection=&method=preview&ext=.png&size=3)
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Self-Determination for Nonself-Governing Peoples and for Indigenous Peoples: The Cases of Guam and Hawai'i
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