Compact of Free Association for Micronesia: Constitutional and International Law Issues
Hills, Howard Loomis (1984). "Compact of Free Association for Micronesia: Constitutional and International Law Issues". The International Lawyer. American Bar Association. 18 (3): 583–608. ISSN 0020-7810.
- Has attachment: File:ZC42DJI7.pdf
Abstract: The Compact of Free Association for Micronesia is presented with detailed provisions on finance, taxation, and customs treatment in the United States. Title Two, Articles IV and V are identified as the location of key fiscal measures, including Section 255, which applies portions of the U.S. Internal Revenue Code governing U.S. territories to the Micronesian states, and Section 242, which specifies that products imported into the customs territory of the United States from these states will be treated as if from a U.S. insular possession for purposes of Headnote 3(a) of the Tariff Schedules. Title Two, Article V is noted for its finance and taxation provisions relevant to trade with the United States and to domestic revenue arrangements within Micronesia.
Constitutional and procedural issues surrounding termination of the Trust Territory of the Pacific Islands are addressed through the roles of the U.S. Congress and the Executive Branch. The negotiated instruments leading to trusteeship termination are described as subject to Congressional acceptance, mirroring the process by which the trusteeship was created, ensuring that the constitutional authority of both the Congress and the President is exercised in a coordinated manner.
International law considerations focus on the United Nations framework, including the allocation of functions between the General Assembly and the Security Council and the applicability of UN General Assembly Resolution 2625 to the Trust Territory of the Pacific Islands. The analysis confirms that, despite the territory’s status as the only strategic trusteeship, the three political status options recognized for nonself-governing territories remain available to the peoples of the Pacific islands trusteeship.
Regional economic dynamics linked to the Compact’s development program highlight existing and prospective investment activity by businesses from Taiwan, Japan, South Korea, Britain, and the People’s Republic of China, alongside increasing engagement by American concerns. The implementation of the Compact’s economic development measures is associated with heightened competition and expanded opportunities across Micronesia and the broader Pacific region.
