When the signatories to the Charter were asked to indicate which of their
territories were "non-self-governing", and thus subject to the transmission of
information regarding their development, the United States responded with a list that
included the U.S. Virgin Islands along with Alaska, American Samoa, Guam, Hawaii,
the Panama Canal Zone, and Puerto Rico. Today only Samoa, Guam and the Virgin
Islands remain.6 The United States continues to report annually to the Decolonization
Committee of the United Nation General Assembly regarding the fulfillment of Charter
obligations to these "non-self-governing" territories that is, remaining colonies.7 The
United Nations General Assembly, through various resolutions, has strongly supported
the right of such territories to self-determination.8

 The American constitutional doctrine that provides the basis for this dependent
status is that of "unincorporated territory." When the United States Constitution was
drafted in 1787, the territorial areas claimed by the original thirteen states were placed
under the control of Congress for ultimate disposition. Article IV, Section 3, clause 2 of
the Constitution states: "The Congress shall have the power to dispose of and make
all needful Rules and Regulations respecting the Territory or other Property belonging
to the United States ...."

 As Professor Boyer makes clear in his article included as part of the appendix to
 this publication,9 congressional power under the territorial clause was exercised
 throughout the Nineteenth century as a way to encourage democratic practice and
 institutions in areas destined for eventual incorporation into the union of states. It was
 only in the aftermath of the Spanish American War of 1898 that the U.S. Supreme
 Court recognized the existence of two types of territories incorporated and
 unincorporated. The unincorporated territories were placed in an status that is an
 inherently unequal one, as they are subject to U.S. control but do not participate in the
 selection of the national political leadership. Without a voice in the selection of voting
 members of Congress and the President, unincorporated territories are excluded from
 equal participation in the American political system.

 The status of the U.S. Virgin Islands thus raises both serious international and
 domestic human rights issues. Internationally, the Virgin Islands are defined as a
 colony that has not yet exercised its inherent right to self-determination and is subject
 to the protections provided by international law, including the United Nations Charter.
 Domestically, the unincorporated territory doctrine, enunciated at the turn of the
 century in the Insular Cases, continues to define the Virgin Islands place in the
 American political system. Basic democratic political rights are denied under a
 constitutional doctrine born at a time of imperialism and racism one which is
 increasingly anomalous under present day conditions.1

 It is not surprising, therefore, that in recent years the issue of the basic nature of
 the Virgin Islands' relationship with the United States its "political status" has come
 under close examination. That is not to say that federal relations issues have not been
 of concern since the 1917 transfer. Beginning with the issues of citizenship, civil