Micronesian States Natural Resource Law Features

Manin Iaroslav PhD in Law Associate Professor, Department of Legal Studies and Practical Jurisprudence, Institute for Social Sciences of The Russian Presidential Academy of National Economy and Public Administration 119571, Russia, Moscow, Vernadsky Prospekt, 82, building 2 manin-yv@ranepa.ru Other publications by this author

Micronesia is a part of Oceania – the northwestern region of the Pacific Ocean, extending above the equator, including groups of islands on which there is essentially one state – the United States of America^[1], more precisely, six American possessions: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, The territory of Guam.^[2] The article concludes the narrative about the peculiarities of Pacific natural resource law, the beginning of which is contained in two other publications of the publishing house. ^{[3] [4]}

The legal regime of subsurface use in the United States of America was discussed in detail in one of our works.^[5] The purpose of the research presented to the reader is to identify the features of the legal regulation of subsoil use in Micronesian jurisdictions. To achieve this goal, it is necessary to solve the main tasks: to study the normative legal acts regulating the relations of subsurface use in Micronesia, ^[6] as well as the relevant doctrine, offering the reader their analysis. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. There were no significant scientific works on the study of natural resource law of foreign countries, in particular, the states of Oceania, as reported in the previous article with reference to the level of scientific development of the area under study. The recognized and only classical scholar in this field was the late Professor B.D. Klyukin^[7], who did not touch on the region of Australia and Oceania in his writings. The natural resource law of the states of Micronesia has not been studied by Russian scientists at all, primarily due to the location of this region in the sphere of influence of the United States of America, which actually manages it. Washington ordered research from American lawyers, monitored the national natural resource law of the countries of Micronesia within the framework of state programs at the expense of the federal budget. ^[8] Republic of the Marshall Islands^[9], Federated States of Micronesia, Republic of Palau^[10] On May 23, 2023, they signed an agreement on joining the United States of America as unincorporated territories^[11] or, to be more precise, an Agreement on Free Association^[12] (The Compacts of Free Association govern the relationship between the United States and the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau)^[13]. The Federated States of Micronesia, recognized as a subject of international law, earlier than this event, on February 25, 2022, severed diplomatic relations with the Russian Federation under the influence of the United States of America.^[14] This fact significantly hinders the participation of the Russian state and business in the economic processes of this American possession. Meanwhile, the Russian side was interested in developing cooperation with the specified territory and has strategic interests in all parts of Oceania. The relevance and practical significance of the series of publications presented to the reader on the peculiarities of natural resource law of foreign countries located in Oceania is confirmed by the Ministry of Foreign Affairs of the Russian Federation and the scientific community.

The author of the article^[15], according to V.B. Agafonov^[16], made a contribution to the development of natural resource law in foreign countries, which is no longer just comparable, but equal to the contribution of B.D. Klyukin.^[17] However, it should be noted that Avtonomov A.S.^[18], Shinkaretskaya G.G.^[19] and other outstanding scientists are well versed in the material on the legal regime of the waters of Oceania states. The author's previous publications on Polynesia and Melanesia were discussed with them ^[20] on June 29, 2023 at the 66th Annual Meeting of the International Law Association.^[21] The next article offered to your attention and completing the cycle of works on Oceania, as well as the previous ones, contains information for the Russian legislator, domestic organizations of the raw materials sector of the economy, as well as the Government of the Russian Federation and its diplomatic department, in particular. Following the recommendation of the publishing house, as well as V.B. Agafonov, who proposed to work together on the development of the natural resource law of the member states of the Shanghai Cooperation Organization, we chose the regional principle of presenting the scientific material presented to the reader of the study. The Russian Federation, following the example of the United States, could finance such research areas. In addition, V.B. Agafonov advised publishing a book on the totality of published works, as our teacher, B.D. Klyukin, summarized his research in the monograph "Mining Relations in Western Europe and America", published under the stamp of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, published a quarter of a century ago and requiring updates. Professor B.D. Klyukin, having offered to become our scientific supervisor in graduate school, died prematurely, bequeathing us to continue the development of natural resource law in foreign countries. The author of the article updated the specified work of the classic, with the exception of mining law of the Federal Republic of Germany, in his publications, which were published, including on the pages of magazines of the publishing house "NotaBene". Here is another publication dedicated to the six regions of Micronesia. 

Wake Island

Wake Island ^[22] is a Pacific island in the atoll of the same name, recognized as a possession The United States of America.^[23] The concept of "possession" is not used in international law, however, in our opinion, it should be applied to all objects in respect of which the American state declares the exercise of its sovereignty and the extension of its jurisdiction. ^[24] The United States divided its possessions into two categories: territories and freely associated States. At the same time, the concept of "possession" generally replaces the previously used concepts of "protectorate", "colony" and "dominion". So, outside the state borders, Americans own geographical objects actually occupied by them, which are not included in the American state, but are under its administration (Wake Island and others); as well as other states recognized as subjects of international law (the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and so on). The concept of "possession" is used in national American legislation in this sense and is proposed by us for introduction into scientific circulation. Using American practice, the Russian side can declare certain territories as its possessions, including declaring sovereign states as such, calling into question the emergence of statehood for some of them.

Wake Island was discovered by the Spaniards in the XVI century, but it was not mapped, its nationality was not determined.^[25] It was rediscovered by the American military in the 19th century and was designated as an unoccupied territory, but was actually used by Japanese smugglers and other private individuals, and was considered uninhabited.^[26]  President William McKinley^[27] declared Wake Island a possession of the United States of America on January 17, 1899, without including its area, unlike Hawaii, as part of the American state.^[28] At the same time, the adoption of the island under the direct control of the President of the United States was proclaimed.^[29] The Republic of the Marshall Islands, having become a subject of international law, has made territorial claims against the historically uninhabited island in question due to the lack of natural sources of fresh water on it, with reference to traditional ownership (the use of the island for religious rites in ancient times), which is also a novelty in international legal practice. The specified state was under the control of the United States under the mandate of the United Nations, to which it has now transferred part of its sovereignty under the treaty, which indicates the use by the Americans of the designated territorial claim for political purposes. First of all, the United States can refer to the use by the ancestors of the indigenous population of Hawaii of a significant part of the islands of Oceania and the residence on them of one historical ethnic group with a common culture, modern statehood in which arose later than in the United States. This may become a justification for the self-determination of the nations and peoples of the Pacific region upon their reunification with the native Hawaiian population of the United States of America. Moreover, the implementation of military programs in a formally disputed territory allows the Americans to reduce the risks associated with imputing violations of international law in the field of creation, storage and use of various types of weapons. Meanwhile, American strategic offensive weapons are located, among other things, on Wake Island, as well as a strategic missile defense system, a military airfield, as well as a fuel storage and refueling system for military vessels and aircraft of the American army. At the same time, environmental responsibility is also leveled: in 1967, the tanker Stoner, owned by Standard Oil of California, crashed at the entrance to the harbor of Wake Island, causing enormous damage to the marine environment without any legal consequences. About six million gallons of petroleum products spilled into the sea, including 5.7 million gallons of aviation fuel, 168,000 gallons of diesel fuel, and 138,000 gallons of boat fuel.^[30] Consequently, Wake Island, having a very porous geological structure, has become a favorable place for the organization of underground separate (separated reservoir) storage of stocks of various types of fuel, lubricants and other special liquids for the American army, protected by a "rocket umbrella", ^[31] which was tested in 2015^[32] under the name "Campaign Fierce Sentry Flight Test Operational-02 Event 2".^[33]

The peculiarity of Wake Island's natural resource law is the lack of environmental responsibility of business entities, primarily because there is no one to recognize the victims. The causer of environmental damage can only be the American army and its contractors, whose activities are classified. Currently, individuals are not allowed on the island without permission from the U.S. Army Space and Strategic Defense Command^[34]. Back in 1934, Franklin Delano Roosevelt^[35] by Executive presidential Decree (Executive Order 6935, December 29, 1934)^[36] transferred Wake Island^[37] to the control of the U.S. Navy^[38], by his decree of February 14, 1941 No. 8682^[39] (Executive Order 8682, February 14, 1941)^[40] visits to Wake Island were allowed only with the personal permission of the Secretary of the Navy^[41] - the Deputy Secretary of Defense of the United States.^[42] Later, the SOSUS anti-missile system was installed on the island^[43], administration of the island was transferred to the American Air Force – Space Systems Command^[44]. Executive Order No. 11048 of September 5, 1962 (Executive Order No. 11048, Part I, September 5, 1962)^[45] The leadership of the civil administration of Wake Island is entrusted to the Secretary of the Interior (U.S. Secretary of the Interior), including the management of natural resources, marine environment and ecology of the atoll. The U.S. Secretary of the Interior has delegated legislative, judicial, and executive authority over Wake. Other executive authorities, except for the military department, do not exercise powers in this territory and adjacent waters. Congress has endowed the U.S. District Court for the District of Hawaii with the powers of the court of Cassation and the powers of the jury in relation to Wake Island (Title 48, U.S. Code, section 644a)^[46]. The Ministry of the Interior has entrusted its solicitor with the exercise of the powers of the Chief Judge of Wake Island in criminal and civil cases with the right to appoint judges of the first and appellate instance. Assistant Secretary of the Interior of the United States of America Douglas W. Domenech, appointed by the President and confirmed in office by the U.S. Senate on September 13, 2017, de jure, on the basis of Order No. 3361 of the Secretary of the Interior dated February 5, 2018, oversees the civil administration of Wake Island, which de facto does not exist (Secretarial Order 3361, February 5, 2018).^[47] Since October 1, 1994, the island has been managed by the American Military Space Forces (U.S. Army Space and Strategic Defense Command). The radiation level at nuclear installations is controlled by the staff of the launch center, who serve them. Civil agencies are not involved in the management of the island's natural resources and environmental protection.

Executive Order No. 8836 of January 6, 2009 (Executive Order No. 8836, January 6, 2009)^[48] in order to preserve the marine environment around Wake Island, the regime of internal marine waters and the twelve-mile territorial sea of the United States of America has been extended to the corresponding water area, with the formation of the Wake Atoll National Wildlife Refuge within the corresponding water boundaries^[49] under the jurisdiction of the U.S. Department of the Interior and The National Oceanic and Atmospheric Administration.^[50] However, the civil administration cannot receive the management of the protected water area during the period of the powers of the military administration currently being exercised. Executive Order No. 9173 of September 27, 2014 (Executive Order No. 9173, September 27, 2014)^[51] proclaimed a two-hundred-mile economic zone, introduced a continental shelf regime around Wake Island and other unincorporated territories^[52], at the same time, the outer boundary of the Wake Atoll Marine Reserve is set along the outer boundary of the exclusive the economic zone around this island. Thus, the United States of America, with the help of a special environmental regime of a natural object, limited economic activity around a strategic object controlled by the American military. In addition, the American government has reserved industrial reserves of iron-manganese nodules of the seabed of the area.^[53] A similar application of environmental protection legislation should be adopted by the Russian Federation. The United States, in violation of the UN Convention on the Law of the Sea^[54], extended the regime of the exclusive economic zone and the continental shelf to the waters around objects (islands) not included in the territory of any State, which does not correspond to the generally accepted understanding of the norms of international maritime law.^[55]

Thus, the United States of America established a special regime for the exploitation of the land and subsoil of Wake Island, determined by the administrative discretion of the President, the Minister of the Interior and the Minister of Defense, excluded the effect of federal legislation on its territory, as well as in the water area, extending to it by presidential decree the universal norms of international maritime law, which do not apply to atolls, not included in the state.^[56] Note that for the parties to international treaties, the declared regimes are not mandatory, however, they are provided by the threat of the use of force from the United States of America. This means that international law is rolling back half a millennium, when in international relations the sovereign could dictate his will on the territory occupied by him. Ownership of Wake Island, like other unincorporated territories, assumes that its lands and subsoil are in federal American state ownership, while the range of nature users is limited to the American military or their contractors, and the provision of lands and subsoil of such facilities is carried out on the basis of secret executive orders of the President of the United States of America^[57], that is, secretly and directive. The Russian Federation, unlike its neighbor, openly uses for similar purposes subsurface areas of federal significance located within the lands of defense and security, permanently not placing strategic offensive weapons at facilities with an international legal regime.     

Republic of the Marshall Islands

The Marshall Islands (The Republic of Marshall Islands)^[58] is a Micronesian state whose territory was discovered by Captain Alvardo Saaverda during the mapping of the Pacific Ocean.^[59] British navigators Samuel Wallis, John Marshall and Thomas Gilbert,^[60] as well as Russian researchers Adam Kruzentstern and Otto Kotzebue described 29 atolls and 1,151 islands with an exclusive economic zone of 1,200,000 square kilometers,^[61] denoting the struggle of the Russian and British empires for the corresponding waters in the XVIII-XIX centuries.^[62] However, coal mining in this region began in Germany in the middle of the XIX century, establishing a protectorate over the islands with the consent of Great Britain in 1886, the exploitation of the subsoil of the islands and the extraction of seabed minerals is still taking place today, however, coal deposits have already been exhausted. The Marshalls were occupied by Japan in 1914, which ruled them from 1919 under the mandate of the League of Nations until the transfer of this possession to the jurisdiction of the United States of America in 1947, which had captured the Marshall Islands a little earlier during World War II. The Republic of the Marshall Islands acquired a constitution in 1979^[63], remaining a "de facto" American possession, and a "de jure" state that delegated economic and military sovereignty to the United States of America on the basis of free association agreements, the first of which was signed in 1982.^[64]

Thus, the Marshall Islands are part of the United States of America in approximately the same way as American Samoa, that is, they are incorporated into the American Federation as a formally independent autonomous state. The American Federation is not a protector, but a possessor (from Latin – "possessio" - possession) of such states, as we stated earlier. In this regard, it has been repeatedly proposed to introduce the concepts of "possessionaire" and "possession" into scientific circulation in relation to the subjects of international law under consideration. At the same time, the Republic of the Marshall Islands has its own legislation, adopted by the Nitijela Parliament on the basis of the fourth article of the Marshall Constitution.^[65] Section five of this document establishes the right to land as the main resource, the legal regime of other natural resources and objects is not regulated by the basic law. The seizure of land by the Constitution is not allowed, except by decision of the Government of the Republic of the Marshall Islands (Government of the Republic of the Marshall Islands) with commensurate compensation for the value of the seized property to its owner. Fair compensation for the seized lands and real estate located on them is appointed by the High Court of the Marshall Islands (The High Court), which must confirm the legality of the conversion of property into public ownership by a court decision. However, paragraph eight of the section under consideration of the Marshall Constitution allows the seizure of land plots by The Traditional Rights Court for debts, including non-payment of taxes, as well as criminal fines and compensations. Thus, land cases in the first instance are considered only by traditional courts in terms of confiscation of real estate for debts, and by the High Court in case of seizure of land for public needs. The High Court acts as an appellate instance for traditional courts, and appeals against decisions of the High Court are carried out in the Supreme Court of the Marshall Islands.

Land plots cannot be seized for profit by the state, they are, as a rule, withdrawn for public needs – the placement of public facilities, primarily military. Such military facilities are located by the United States of America on the basis of the previously mentioned free Association Agreement until 2086, since the defense of the Republic of the Marshall Islands has been transferred to their jurisdiction, as well as the economy. Financial assistance from the United States forms the basis of the Marshall Islands budget.^[66] First of all, the American side provides the island state due to the deployment of a military base on Kwajalein Atoll (Ronald Reagan missile test site of the US Army) and in its vicinity, paying rent payments, compensates for the environmental damage caused to the Republic of the Marshall Islands as a result of the American nuclear testing program of 1946 - 1958.^[67] Nuclear bombs were dropped on the test sites of the Enewetak and Bikini atolls ^[68], which caused extremely negative consequences for the population, flora and fauna. Contractual compensation for environmental damage caused intentionally is a practical example of using tools to coordinate the will of participants in international relations. At the same time, it ensures the presence of Americans, their manpower and military equipment at the training ground. The United States of America is deploying a strategic missile defense system in the Republic of the Marshall Islands, as well as strategic offensive weapons that can be used against the Russian Federation and the People's Republic of China (USAKA is a key military facility)^[69]. At the same time, the use of radioactive and other polluting substances on leased lands is carried out by American scientists and the military according to the laws of the United States of America.^[70]

The American model of compensation for intentional damage to the environment on the basis of an international treaty can be applied by the Russian Federation, including in the framework of the settlement of the international armed conflict in Eastern Europe, as well as by analogy of the legal structure – in domestic legislation. Previously, we proposed to apply in Russia the best foreign practices of contractual models of compensation for environmental damage implemented by the States of the Asia-Pacific region caused by negligence or objectively caused, for example, as a result of natural disasters. You can read about this in our other articles on the law of the States of Oceania. Meanwhile, environmental management in the Marshall Islands is limited to fishing, mainly tuna, agricultural production of copra and other local natural products. Brackish soils exclude abundant farming, and subsurface use on land is not conducted. Volcanic rocks of seamounts are hidden under water, atolls are sand-covered vents of underwater volcanoes that have settled into the ocean. Only 5 platforms are available (Jemo, Majej, Kole, Jebat, Ellep) of the 1,180 islands, the rest have a coral-reef nature, built up on submerged volcanic hills filled with guano (the thickness of the reef layer is 350-1400 meters). Hard-to-reach guano, hidden under the reef crust and the ocean, may be a source of phosphates in the future, currently phosphate deposits are not being studied and, moreover, are not being developed. The geological study of the subsurface was conducted by researchers from the United States of America, the Republic of Korea, the State of Japan and the Federal Republic of Germany (nine expeditions).^[71] The geological potential of the exclusive economic zone of the Republic of the Marshall Islands lies in the possibility of mining thin ferromanganese nodules^[72] on the slopes of atolls and more solid crusts on the tops of seamounts.^[73] The experience of the Japanese and American occupation of the Marshalls during World War II suggests that in the event of new global armed conflicts, it is possible for the Republic of the Marshall Islands to be occupied by other states, for example, the People's Republic of China, and the exploitation by this state of manganese and cobalt deposits of the seabed of the peaks of seamounts, since the development of these subsurface areas has the greatest economic feasibility. Satisfying the shortage of phosphorus extracted from the depths of underwater areas, valuable seabed corals, cobalt and manganese from the slopes of atolls seems to be economically less effective and is allowed, according to experts, as a last resort.^[74]

The energy sector of the Republic of the Marshall Islands includes electricity generation and fuel production from coconut oil.^[75] The general management of natural resources and energy is carried out by the President of the Republic of the Marshall Islands, who heads the Nitijela Parliament, consisting of 33 people, and the government, formed from its senatorial members. In addition to the President of the Republic, there is a speaker and a vice-speaker in Parliament, 10 senators are vested with the powers of ministers. One of the ministers responsible for environmental management is the Minister of Resources and Development (Minister of Resources ana Development).^[76] The Ministry of Resources and Development of the Republic of the Marshall Islands is more responsible for fisheries and environmental monitoring.^[77] This authority controls the annual import of approximately 18,000,000 gallons of diesel fuel, 2,200,000 gallons of gasoline, 4,200,000 gallons of kerosene and 70,000 gallons of natural gas fuel (LPG). The republic only consumes, it does not produce hydrocarbons, some of them (6,000,000 gallons) are spent on electricity generation. The regulatory framework governing the fuel and energy sector of the economy and environmental management consists of the following main acts of the Republic of the Marshall Islands^[78]: The Law on Electric Power Industry (Electric Power Act 2018), the Law on the Alternative Energy Fund Act 1989^[79], the Law on Energy Management (National Energy Office Act 2018), the Laws on Marine Resources (Marine Recourses Act 1966, 1983, 1997), the Law on Marine Resources Management (Marshal Islands Marin Resources Authority Act 1988, 2016, 2018), Fish Harvest Regulations 2020, Aquaculture Regulations 2019, Planning and Zoning Act 1987, Endangered Species Act of 1975, Coastal Protection Act (Coast Conservation Act 1988), the Law on Protected Areas (Protected Areas Network Act 2015), the Law on the Protection of Historical Heritage (Historic Preservation Act 1991), the Law on Environmental Protection (National Environmental Protection Act 1984).^[80]

The Law on Environmental Protection^[81] and the Law on the Ministry of the Environment^[82] define the powers of the relevant Ministry, which now belong to the Ministry of Resources and Development as the legal successor. With the consolidation of the sphere of economic management (the inclusion of environmental management in a more general resource one), there were no changes in the two laws under consideration, which is a feature of the legal technique of Nitijela. These laws ensure integrated environmental and land management, regulate environmental protection, establish the foundations of energy policy, determine the directions of sustainable environmental development and climate change monitoring, permitted types of environmental management, among which the use of the marine environment, primarily for fishing and coral extraction, as well as agricultural exploitation of land and fresh water sources, stands out. The legislation of the Republic of the Marshall Islands does not regulate the exploitation of mineral resources. The study of the seabed within the territorial sea and the exclusive economic zone can be carried out by hydrographic scanning from sea vessels with the written permission of the Ministry of Resources and Development, the results of the expeditions are posted on the government website.^[83] 

An exhaustive list of types of licensed activities is provided in the Unfair Business Practices Act 1970. ^[84] The use of natural objects, including subsurface use, is not regulated by the legislation of the Marshall Islands. This means that there is discretion in rulemaking on this subject, on the one hand, and uncertainty of legal regulation in the future, on the other hand. Antimonopoly regulation in the field of environmental management is carried out by the Retail Price Monitoring Act of 1992^[85], which provides for state regulation of fuel and electricity prices. Meanwhile, the antimonopoly legislation does not provide for any restrictions in the field of environmental management, foreign investments are not limited. At the same time, the foreign presence is provided in a contractual manner, primarily by agreements with the United States of America and the French Republic. These foreign countries do not just invest in the economy of the Republic of the Marshall Islands, they subsidize the state budget of this state and finance government programs directly or indirectly: through third countries or legal entities, allocate grants for various purposes. The administration of the financial sector of the Marshall Islands economy has been fully transferred to the United States of America under the Free Association Agreement.^[86] Consequently, the American Federation determines the investment climate of the Marshall Islands and is not going to study the subsoil, excluding the receipt by the People's Republic of China of geological information about the subsoil, and also reserves the shelf for potential development. The developed fisheries and the structure of agriculture indicate the maintenance of natural food sources for the contingent of the American army stationed in the Republic of the Marshall Islands. Management in this area is carried out by the Administration of Marine Resources of the Republic of the Marshall Islands (Marshall Islands Marine Resources Authority)^[87], which implements the Law on Marine Resources (Marshall Islands Marine Recourses Act 1997).^[88] Subsurface use, including seabed exploration, is not provided for by this law, it regulates mainly fishing.

Thus, the land legislation of the Republic of the Marshall Islands ensures the deployment of strategic offensive and anti-missile weapons of the United States of America, and, together with legislation on the marine environment, food for the American military. Environmental legislation, the absence of legislation on subsoil and subsoil use make it possible to exclude activity in the region, which may be unfavorable for military bases of the Middle States, by creating environmental protection facilities with restrictions on them not only economic activities, but also the admission of individuals. For example, the use by the Russian Federation and the People's Republic of China of missile launch control systems, the use of electronic warfare equipment, and the deployment of anti-missile ships is achieved by creating a shark reserve with an area of 2,000,000 square kilometers. In order to increase the water area of distancing undesirable economic activities of potential opponents of the United States of America, the Republic of the Marshall Islands has concluded international treaties with neighboring States that exclude or limit the Russian and Chinese presence in the region at the expense of nature conservation institutions.^[89]

In this regard, we propose to deploy Russian submarines, technologically currently undetectable and interceptable, under the thickness of the Arctic ice with the possibility of unexpected surfacing and launching a nuclear strike through missile flight paths that are not blocked by the Micronesian missile defense system of a potential enemy. I would like to note that this system also protects Australian territories, which can be resettled in the event of a global international conflict by an economically efficient part of the British population, as well as the British royal family.

The use of a tsunami caused by Poseidon missiles can be an effective means of disrupting Pacific island military bases in the Pacific Ocean and some island States. Thus, in the event of a nuclear war, it is first necessary to neutralize the missile defense and strategic offensive weapons deployed by the Americans in the Republic of the Marshall Islands, and then continue the offensive by delivering a massive strike on the main targets with long-range intercontinental ballistic missiles from the territory of the Russian Federation. In addition, it should be possible to move the Topol series complexes to other states to strike at a potential enemy from their territory.  

Federated States of Micronesia

The Federated States of Micronesia^[90] is a state in Oceania^[91], formed on the Carolingian Islands discovered by the Spaniards in the XVI century and colonized by them in 1886.^[92] At the end of the war between Spain and the United States of America, the island territories were transferred to Germany in 1899, which transferred them to Japan at the end of World War I, which officially ruled the respective lands on the basis of a League of Nations mandate since 1920. The United Nations transferred the Carolingian Islands to the United States of America in July 1947, defining them as a zone of American strategic interests intended for the deployment of military bases.^[93] The Constitution of 1975 united the Marshall Islands, the Mariinsky Islands, Palau and four other members into a federation (the states of Yap, Chuuk, Pohnpei and Kosrae The Carolingian Islands), which formed an independent state – the Federated States of Micronesia, since before the entry into force of the federal Constitution, scheduled in 1979, the remaining parts of the federation declared sovereignty.^[94] However, on the basis of a referendum, the Federated States of Micronesia, which included the states of Yap, Chuuk, Pohnpei and Kosrae, becoming formally a sovereign State, transferred their financial and military sovereignty to the United States of America, and have been in free association with them since November 3, 1986 to the present.^[95] The legal characterization of the membership of the Micronesian States in free association with the United States was given earlier in this and other articles on Oceania.

The Congress^[96], as the legislative body of the Federated States of Micronesia, enacts laws, but by virtue of the fifth article of the Constitution, traditions are protected by law, and customs cannot be diminished by them.^[97] Moreover, the historical law and custom of using territories and waters located within their natural resources give rise to the right of the Federated States of Micronesia to dispose of them.^[98] The jurisdiction of the State, according to the first article of the Constitution, extends to both legally recognized and historical natural sites. Consequently, the above constitutional norm makes it possible to present historical claims to neighboring states. Similar territorial claims are made by the Marshall Islands to the United States of America regarding Wake Island. Thus, when the United States of America gets out of control of any of the neighboring states, neighboring countries can make historical territorial claims against them in order to return them to the sphere of American influence. This very effective legal structure can be used by the Russian Federation in relation to its historical territories to regain control over them.  

The Congress forms a cabinet from among the senators – the federal government^[99], headed by the President of the republic and the Vice-president, who is the main assistant to the president for state administration. The Cabinet of the President consists of ten members – ministers and heads of State departments. Two members of the Government are engaged in the administration of natural resources: the Secretary of the Department of Resources and Development, as well as the Secretary of the Department of Environment and Emergency Management. The National Oceanic Resources Administration is responsible for the operation of the waters in conjunction with the National Fisheries Corporation.^[100] Legislatures and governments exist in all four states, consisting of municipalities. Environmental protection and natural resources are under the jurisdiction of the courts of general jurisdiction, to which economic and constitutional justice has been transferred.^[101] Legislative regulation of environmental management, including the exploitation of mineral resources, is assigned to the Congress of the Federated States of Micronesia (section 2 of Article IX of the Constitution).^[102] For example, the Federal Parliament adopted the Law on Environmental protection (Federal States of Micronesia Environmental Protection Act 1984) and other related laws and administrative regulations.^[103] Meanwhile, there is also regional legislation in the field of land ownership and ecology,^[104] including regional constitutions and laws, municipal acts.^[105] Despite the fact that the land is divided into traditional, administered by communities under the leadership of chiefs, and new, introduced into civil circulation: public (state) and private, land ownership is not properly regulated.^[106] Turnover of private lands is allowed, transactions with other lands are carried out in an administrative manner at the administrative discretion of officials in relation to public lands (Public Lands Act of 1987), chiefs – in relation to traditional land holdings on the basis of the norms of regional codes and regulations of municipal bodies.^[107] Subsurface use on the islands is not regulated, only in the marine environment by the law on Seabed Resources^[108] (Seabed Resources Act of 2014).^[109]

The Federated States of Micronesia encourages obtaining licenses to search for seabed minerals through investments^[110], including foreign ones.^[111] A license is issued for mineral exploration in relation to a subsurface area called the "Contract Area". The license for exploration or mining of seabed minerals (Exploration or Mining License) is issued in relation to the "licensed Area" (License Area). The Secretary of the State Department of Development and Natural Resources (Secretary of the Department of Resources and Development for the National Government of the Federated States of Micronesia)^[112] issues licenses for operations for seabed exploration (Seabed Mineral Activities): a search license (Exploration License), a mining license (Mining License). A mining Permit (Prospecting Permit) is issued in relation to a section of the water area (Protected Area) by a designated official for catching biological resources. Part of the marine spaces is a reserve area (Marine Reserve), where no economic activity is carried out in order to protect the environment. Scientific research is being conducted with regard to mineral resources of the subsurface and deposits are being searched from sea vessels, but mining from the depths of the ocean is not carried out, the corresponding license is not provided for by the law under consideration. Thus, the Federated States of Micronesia does not intend to develop the subsoil of the underwater areas of the seabed, but is searching for minerals to create proven reserves. The exploration and extraction of seabed minerals is carried out by subsoil users who have confirmed their qualifications and received a license in accordance with the procedure established by the sixth section of the law. At the same time, environmental safety is ensured by the State Department of Environment and Emergency Situations.^[113]

Thus, the United States of America uses the Federated States of Micronesia as a reserve of natural resources (a preserved territory) and a military base providing preventive American defense. At the same time, the population, agriculture and marine fisheries of the Micronesians are able to support the autonomous functioning of the American military contingent stationed on the Mariinsky Islands. Essentially, the Federated States of Micronesia is an American possession.

Republic of Palau

The Republic of Palau is 340 Carolingian Islands, spotted by Fernand Magellan, named San Juan by him in 1522. It was only in 1697 that Paul Klein, a Bohemian (Czech) missionary who was shipwrecked in the Philippines, explored the Palauan Islands and presented their first map. In the XVIII century, the islands were colonized by the Spaniards. In 1899, the Spanish Empire sold these islands to the German Empire, on the basis of the Spanish-German treaty they became part of German New Guinea, and in 1914 they were annexed by Japan and had a common fate with the rest of the Carolingian Islands.^[114] In 1978, the District of Palau abandoned the formation of a federal State with the Marshall Islands and the four modern members of the Federated States of Micronesia, declared sovereignty and formed an independent State, the constitution of which entered into force on January 1, 1981.^[115] The formation of the Republic of Palau was caused by the reluctance on the part of the Palauan political elite to deploy American nuclear weapons in a federal state with Micronesia and the Marshalls.^[116] The latter agreed to accept the strategic forces of the United States of America, but the Republic of Palau constitutionally limited American military activity in the country. After two coups d'etat, the relevant constitutional restrictions were lifted, and the United States of America received the right to deploy any armed forces in the Republic of Palau until 2050.^[117]

Meanwhile, the contingent of the American armed forces in the Republic of Palau is limited to marine corps units and radar systems. Stationary launchers are still not being deployed by the Americans in the Republic of Palau. However, the United States of America has the right to introduce an unlimited military contingent into the territory of the Republic of Palau, including naval vessels with nuclear engines, to place nuclear fuel in this State, as well as strategic defensive and offensive weapons, both stationary and mobile.

The Republic of Palau has concluded a free association agreement with the United States of America and is an American possession.^[118] She initiated the creation of the aforementioned shark reserve, the area of which is comparable to continental France. Environmental legal norms regulate the conditions of the military presence of the American army and economic activity in the Palauan jurisdiction. The financing of environmental protection and biodiversity conservation lies on the American side. The nuclear-weapon-free status of the Republic of Palau within the framework of the United Nations^[119] restricts the United States of America in the open deployment of nuclear weapons, does not allow the construction of nuclear test sites and conduct nuclear tests as in other parts of Oceania, despite the lifting of constitutional restrictions by the Palauans. The Republic of Palau ratified the Treaty on the Prohibition of Nuclear Weapons in 2018 (Treaty on the Prohibition of Nuclear Weapons). ^[120] Chemical and biological testing is also prohibited in Palau. This State has developed not natural resource legislation, but a regulatory legal framework in the field of nature protection and biodiversity.

The State administration in the field of ecology and nature management is carried out by the President of the Republic and the Government headed by him, consisting of eight ministries. One of them is the state one, headed by the Vice–President of the Republic, who essentially performs the functions of the head of the presidential administration and coordinates seven sectoral ministers. Each ministry is related to environmental management. The Ministry of State^[121] deals with foreign investments in nature management, foreign relations for the exploitation of nature and environmental protection, is responsible for diplomatic relations and the implementation of the Republic's international obligations, including in the field of ecology, the use of the marine environment, the protection of nature and wild animals.^[122]

The Ministry of Justice^[123] includes the Office of the Attorney General^[124], which, together with its subordinate prosecutors, oversees the legality of environmental management. In addition, the Department of Maritime Security and Fish and Wildlife Protection has been established in the named Ministry^[125], dealing with marine biological resources; as well as the Fire and Rescue department (Division of Fire and Rescue)^[126], engaged in the protection of forests and wild animals from fires.

The Ministry of Public Infrastructure and Industries^[127] oversees the construction of roads, berths, airfields, all types of transport, including the environmental aspect of the creation and use of infrastructure facilities. Thus, the Bureau of Public Works^[128] consists of four structural divisions: firstly, the Department of facilities and maintenance (responsible for technical and urban planning supervision); secondly, the Department of road management and equipment, repair and utilities (responsible for compliance with environmental and other standards during road construction); thirdly, the Department of capital repair projects (responsible for the restoration of infrastructure, buildings, structures and industrial facilities); fourthly, solid waste management (responsible for the collection, storage, processing and disposal of solid waste, both industrial, commercial and domestic).

The Ministry of Public Infrastructure and Industry has a Bureau of Land and Geodetic Works (Bureau of Land and Survey).^[129] It provides mapping, accounting of land resources, provides information about land to the general public, technical and special services, the private sector, the national government and the administration of territorial units, the administration of state lands of the republic, as well as courts considering land and administrative cases, cases of administrative offenses in land use: the appellate instance – the Supreme Court The Court of the Republic of Palau, and the first instance in land cases – the Land Court of the Republic of Palau. The Bureau accumulates geological information about the earth's surface and subsurface.

The Ministry of Finance^[130] includes (Palau Energy and Water Administration)^[131] oversees projects in the field of renewable energy sources and energy efficiency, ensures the implementation of new energy projects in accordance with the National Energy Policy (Palau National Energy Policy)^[132]. The Ministry of Health and Human Services^[133] is responsible for recreational areas and environmental monitoring. The Ministry of Education^[134] organizes training for energy transformation and environmental protection. It implements an environmental education program and oversees scientific research on the environment.^[135] The Ministry of Human Resources, Culture, Tourism and Development (Ministry of Human Resources, Culture, Tourism and Development) ^[136] the Bureau of Cultural and Historical Heritage (Bureau of Cultural and Historical Preservation) and the Bureau of Development (Bureau of Development), which deal with natural monuments.

The Ministry of Agriculture, Fisheries, and the Environment^[137] is responsible for food security, includes the Bureau of Ecology^[138], which consists of two departments: the Department of Protected Areas and Species (Division of Protected Areas and Species), and also the Division of Forest, Land and Water Management (Division of Forest, Land and Water Management). The Ministry ensures biodiversity, supports the ecosystem through the creation and monitoring of a network of protected natural areas within the framework of state programs for their effective use, manages key animal species, is engaged in reforestation and land recreation, plans land and seascape, stimulates the production of a variety of national food products of natural origin.

The legislation of the Republic of Palau on natural resources should be divided into land and environmental, with separate regulatory legal acts on marine resources. The Code of Laws of Palau (Palau National Code) like the similar law of the Republic of the Marshall Islands, it contains all the current parliamentary acts adopted in the field of ecology and nature management. Lands, first of all, are the main natural resource of the Carolingian Islands.^[139] Palau allocates private and public lands (introduced during the period of Japanese colonization), not limited in turnover. Traditional land ownership was the main one before the formation of the state and customary law was applied to the land regime – rules based on custom. Lands under traditional title are turned around and managed based on historically established rules. Public lands are a relatively new title for plots of land withdrawn from traditional ownership for state needs, for example, to house a garrison, build administrative buildings, and so on. The regime of public lands is established in section 35 of the Palau Code of Laws, and the Trust Territory Planning Act is incorporated into section 31, which establishes rules for the zoning and categorization of lands under the mandate of the United Nations. Palau distinguishes the following categories of land: A – agricultural; R - 1 and R - 2 – family (single family); R – 3 – multi-family (several families, genus); C – commercial; RV – resort (recreational); L - 1 and L – 2 – industrial; CD – conservation (reserve lands); HP – historical heritage (protected); PD – planned development. The use of land is allowed in accordance with its purpose (permitted use of the appropriate category). Public lands include HP and CD plots, the remaining categories can be assigned to both public and private lands. Family lands may be traditionally owned.^[140] 

The Code of Laws of Palau includes Palau Wildland Fire and Forest Management Bill 1988, Palau Forest Practice Bill 1991, Fishery Zones and Regulation of Foreign Fishing Act (Title 27, Division 1, Chapter 1 PNC), Environmental Protection Act (Title 24 PNC), Marine Protection Act (Title 27, Division 2, Chapter 12 PNC), Plant and Animal Control Regulations (Title 25, Division 3, Chapter 20 PNC), Marine Protection Act (Title 27, Division 2, Chapter 12 PNC), Safety and Welfare Act (Title 34 PNC), Sewer Use Act (Title 34, Chapter 12 PNC), Environmental Health Regulations (Title 34, PNC) and other incorporated laws and regulations governing environmental protection and environmental management.^[141] The Palau National Code contains an exhaustive list of legal regulations, there is no legislation on subsoil and subsoil use in this code, which means that the reservation of minerals and, moreover, their development in the medium term is not planned by both the Republic of Palau and the United States of America.^[142]

The Commonwealth of the Northern Mariinsky Islands

The Northern Mariana Islands (Commonwealth of the Northern Mariana Islands) is a self–governing commonwealth – a territory incorporated into the United States of America^[143], formally recognized as a sovereign state.^[144] The President of the United States of America is the head of the Commonwealth, he is represented by the Governor of the Northern Mariana Islands^[145], as specified in the 1978 Constitution of the Commonwealth of the Northern Mariana Islands.^[146] Residents of the Commonwealth have been citizens of the United States of America since 1986.^[147] In 1521, the Portuguese navigator Fernand Magellan was the first European to visit these islands, but Portugal did not make official claims to them. It was only in 1565 that Miguel Lopez de Lagazpi proclaimed Spanish sovereignty over the corresponding territory, named by Fernand Magellan and called the Ladrones Islands in the XVI century. Spain transferred the Mariinsky Islands (modern name) To the United States of America in 1899. In 1914, Japan seized the Mariinsky Islands and received them into official possession under the Versailles Peace Treaty of June 28, 1919, as well as under the mandate of the League of Nations of December 17, 1920. However, as a result of World War II, the United Nations transferred the Northern Mariana Islands to the United States of America in 1947. The islands were managed by the United States Navy on behalf of the American President until July 1, 1951, and then by the United States Department of the Interior.^[148]

The Senate of the Northern Mariinsky Islands consists of nine members and, together with the House of Representatives, which includes fourteen members, they perform the functions of the legislative body of the American territory, that is, they adopt the laws of the atomic member of the United States of America (Article II "Legislative Power" of the Constitution of the Northern Mariinsky Islands)^[149]. Acts of the bicameral legislature of the Mariin Islands are signed by their Governor, who has the right of veto. Consequently, the federal legislation of the United States of America applies to relations on environmental protection and environmental management, and the regional – self–governing territory of the United States of America – the Commonwealth of the Northern Mariinsky Islands - on a residual principle in the part not regulated by the American Federation, of which the Territory is not a full member, does not have the rights of an American state. The Commonwealth is essentially an American possession, however, the closest to full-fledged members of the federation, along with Eastern Samoa, the territory of Guam and the American Virgin Islands.^[150] 

The ninth article of the Commonwealth Constitution directly defines the land regime. Lands, ownership rights and other land rights transferred by the trust Territory of the Pacific Islands to legal entities in the Commonwealth by Order of the Ministerial Secretary No. 2969, promulgated by the Secretary of the Interior of the United States on December 26, 1974, as well as those that were transferred to the Resident Commissioner in accordance with Secretarial Order No. 2989, promulgated by the Minister On March 24, 1976, the lands and rights to them transferred to the Government of the Northern Mariana Islands are declared public lands. Initially, at the proclamation of the Commonwealth, all lands are declared public. Public lands belong collectively to the people of the natives of the Northern Mariinsky Islands.

Flooded lands are withdrawn from circulation and returned to the former owner (the people, as a general rule) after their flooding stops. The bottom of reservoirs, unlike some Oceania states under the control of the United Kingdom of Great Britain and Northern Ireland, in the Commonwealth of the Northern Mariinsky Islands is not included in the land fund, does not form land plots, and is excluded from land turnover for the period of flooding of land plots.

 In exceptional cases, private ownership of land is allowed for citizens of the United States of America and legal entities registered in the Commonwealth. The owners of land on the territory of the Commonwealth can only be those Americans who were born in the Commonwealth and have reached the age of eighteen, or eighteen-year-old citizens of the United States of America who have proved by birth documents that they belong to the Chamorro people (indigenous inhabitants of the Northern Mariinsky Islands) "by at least a quarter of blood" (Section 5 of Article VII of the Constitution of the Commonwealth of the Northern The Mariinsky Islands). Sections 1 and 2 of article VIII of the Constitution under consideration may seize private property for socially significant purposes with fair and proportionate compensation. Public property is managed by the State Land Corporation of the Mariinsky Islands, while for the first twenty years (until 1996) since the adoption of the constitution, the transfer of public lands to private ownership was not allowed, and their leasing was prohibited for a quarter of a century – until 2001. An individual's ownership of land is constitutionally limited to one rural yard and a household, however, the maximum area of such an allotment is not specified, therefore, it is determined by the corporation individually in each case, which puts significant administrative discretion into law enforcement practice and assumes a significant corruption component. A legal entity cannot receive more than five hectares of land from a state corporation for ownership (under a contract of sale) or lease in total without the permission of the legislative body of the territory, which also decides on the possibility of building non-residential facilities.  The Corporation develops a land use plan for public (state) lands in order to use them effectively and generate income. The State Land Fund of the Mariin Islands (Section 6 of Article XI of the Commonwealth Constitution) may be managed not only by the State Land Corporation of the Mariin Islands, but also transferred to a trust, that is, to a trust management carried out under the control of the United States of America.

Article XIV of the Commonwealth Constitution establishes the protection of all marine natural resources by the legislature for the benefit of the people, however, the jurisdiction of the waters of the Commonwealth of the Northern Mariinsky Islands is determined by the United States of America, extending its national right to the continental shelf and the exclusive economic zone of the American territory in question. The maritime spaces of the Commonwealth are American waters. The Russian Federation can use similar practices in the Black Sea, augmenting maritime spaces like the United States.

The legislation of the Commonwealth of the Northern Mariana Islands is incorporated into the Commonwealth Code (CMC).^[151] Title Two Natural Resources paragraphs 1101 – 7340 fully regulate environmental protection, ecology and nature management, land relations, construction and infrastructure development. In addition to laying underwater cables, no other activities are licensed in the marine environment of the Commonwealth, only permits for industrial fishing are issued. The absence of legislation on subsoil and subsoil use in the Commonwealth means the absence of the relevant legislation of the United States of America. It should be noted that studies of the lands and geology of the Mariinsky Islands were conducted, which follows, for example, from the 1978 report.^[152] The absence of regulatory legal acts of the Commonwealth of the Northern Mariinsky Islands on subsoil and subsoil use means the abandonment of minerals of this territory and adjacent waters in the natural reserve of the United States of America, as well as the restriction of land turnover indicates their conservation for the implementation of plans of this great power in the future. The absence of subsurface use only confirms this thesis, despite the fact that it can be carried out directly under American laws.

Thus, in order to start the exploitation of minerals within the state border of the Commonwealth of the Northern Mariinsky Islands, the continental shelf of this state and the exclusive economic zone (declared as the American territory, the American continental shelf and the American exclusive economic zone), it will not require the adoption of regulatory legal acts of the Commonwealth by virtue of its constitutional recognition of the jurisdiction of the United States of America. American legislation has the highest legal force in the country under consideration, the Mariinsky normative legal acts are adopted on a residual basis and should not contradict the legislation of the United States. This means that the United States denies the Charter of the United Nations ^[153], primarily the institution of international legal recognition of States, as well as international legal responsibility. International maritime law operates with the concepts of "sovereign rights", "exclusive economic zone" and others. Exclusivity implies the absence of other States that manage economic resources within the relevant zone of a particular State. Joint disposal, as well as the exercise of exclusive rights in the economic zone of one State by another State, is not provided for by international norms, including international maritime law. There is also no legal possibility of exercising the sovereign rights of one State by another. But in fact, the United States of America exercises sovereign rights and disposes of the exclusive rights of other States, including the Commonwealth of the Northern Mariinsky Islands. In defense of the United States, only one argument should be given, similarly, the same norms of international law are denied only by the United Kingdom of Great Britain and Northern Ireland, as we wrote in previous articles.

The Territory of Guam

Islas de las Velas Latinas – On March 6, 1521, Fernand Magellan named the southern ridge of the modern Mariinsky Islands, that is, the "Islands of Latin Sails", which today form the territory of Guam ^[154], which is the possession of the United States of America.^[155] The history of Guam is inextricably linked with the Mariinsky Islands, however, the island of Guam was the largest American military base^[156] in the Pacific Ocean during the world Wars,^[157] which predetermined its fate.^[158] The population of the territory is about 152,000 thousand people (as of 2022), a third of whom are civilians Personnel and family members of members of the U.S. armed forces, the U.S. military make up more than half of the population of Guam.^[159] Consequently, about 80% of the residents of the territory in question are United States government employees and their family members, the remaining 20% are service personnel in the service sector, primarily in the tourism industry. Guamanians have a special privilege – they are all recognized as citizens of the United States of America by birth (a legal fiction),^[160] since Spain transferred the island to the United States in 1898, after which it was actually an American possession, despite the period of Japanese occupation.^[161]

The American-Spanish Peace Treaty of April 11, 1899, signed in Paris, entered into force on April 11, 1899, according to which the island of Guam in the Mariinsky Islands became part of the United States of America as an American–controlled territory - possession (possession). The Guam Organic Law of August 1, 1950 determined its affiliation to the North American states and changed the procedure for granting powers to the Governor of Guam,^[162] providing instead of appointing this official as the American president, the election of the inhabitants of the island (U.S. Code, Title 48, Chapter 8A, Subchapter I, §1421)^[163]. Guam shall immediately inform the United States of America about the election of the Governor and Vice Governor (Lieutenant Governor).^[164] The Governor of Guam reports to the Secretary of the Interior of the United States of America, the status of the lieutenant governor of Guam is similar to the status of the vice governor of an American state, this institution was considered by us on the example of Hawaii.^[165]

The Governor of Guam^[166] manages the natural resources of the island and the surrounding marine environment, together with a unicameral legislature, the Legislature of Guam ^[167], consisting of twenty-one members. The Government of Guam is engaged in the conservation of biodiversity, the protection of the marine environment, protected natural sites, the development of tourism and the coordination of municipal solutions to local problems.^[168] Guam is actually governed by the military command, legally by the defense lands, as well as adjacent lands and waters that were deepened seventy years ago to enter harbors for servicing aircraft carriers and submarines. Officially, the nature management of the island is managed by the American Department of the Interior, the governor is responsible for: the elimination of the consequences of natural disasters (hurricanes), as well as compliance with environmental rules by the tourism industry. At the same time, the military destroyed the birds on the island by populating it with a population of tree snakes in order to eliminate interference with the American Air Force when using aviation.^[169]

The environmental protection of the territory of Guam is under the jurisdiction of the United States of America and is carried out under American national legislation. The Government of Guam includes only three regional bodies in the field of energy and natural resources:^[170] Guam Environmental Protection Agency^[171]; Guam Energy Office^[172] responsible for the implementation of the Energy Code^[173] and the maintenance of the fuel and energy balance of the island's civil infrastructure; Department of Land Management^[174], which established: Chamoru Land Trust Commission^[175] and the Guahan Ancestral Lands Commission^[176], as well as the Council of Professional Engineers, Architects and Surveyors of Guam ^[177] (Guam Board of Professional Engineer, Architects and Land Surveyors)^[178]; Department of Parks and Recreation^[179]. Significant in the activities of these public authorities is land management, land management, including recreational areas, as well as the administration of natural, historical and cultural heritage sites, protected natural areas. Unlike other Micronesian States, the United States openly uses the territories and waters of Guam for military purposes, intentionally damaging the environment despite the protests of federal government agencies responsible for ecology and environmental management.

The island of Guam is fully recognized as a coastal territory and is developing according to a special land plan.^[180] Guam Territorial Seashore Protection Act^[181] (Guam Territorial Seashore Protection Act of 1974)^[182] is the main regional document regulating land use relations.^[183] Otherwise, environmental management relations are regulated by the legislation of the United States of America.^[184] 

Guam denies the presence of any hydrocarbons in its bowels, declares the absence of prospecting and mining, including the lack of information on the exploration and development of metals and minerals of the seabed.^[185] Legislation on the subsoil and subsoil use of the territory of Guam has not been adopted, the exploitation of minerals is not carried out due to the military purpose of the region and the peculiarities of the geological structure of the island, which is a fragment of the continental plate located on a tectonic fault. Prospecting for hydrocarbons in the exclusive economic zone of Guam is promising in geological terms, however, at present it is not compatible with the use of its waters by the United States Navy.

Thus, the territory of Guam is an American military base^[186] – an outpost on the border with Asian countries, which fully assumed this role after the demilitarization of the Philippine islands. Subsurface use and development of the Guam natural resource legislation is not expected, since the region satisfies American military tactical goals. The tourist recreational area of the island of Guam can be used for hospital purposes and is capable of accommodating up to 20,000 wounded, in addition, a military hospital with modern equipment and highly qualified medical personnel operates in this territory, in an amount exceeding the needs of the islanders. The United States does not hide the presence of significant naval, air and land forces on the island, as well as the headquarters of its Pacific armed forces. The island's harbors are equipped as ports and repair shops for submarines and aircraft carriers, as well as other vessels. Consequently, the United States of America intends to use the territory of Guam in major armed conflicts as a command center for the armed forces in Southeast Asia and Oceania, a place for the repair of military equipment and personnel recovery, as well as the deployment of both the active military contingent and the reserve; management of strategic defense and offensive weapons of the Pacific islands, cyber defense and cyberattack, radar stations.

***

Micronesia, as follows from the study, is a possession of the United States of America, which concentrates significant economic potential and American military power, including strategic defensive and offensive weapons. One can agree with Alfred Flores (Alfred Peredo Flores), who includes Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariana Islands, the Territory of Guam into the American Empire, in the framework of the already cited dissertation research, that the Americans implement the Westminster model of governance of the Micronesian territories by analogy, projecting their state structure and legislation onto possessions in the Pacific Ocean. We assume that all the listed territories can be officially incorporated into the state of Hawaii of the United States of America through the Micronesian plebiscite. Indeed, the current world order in Micronesia resembles the United Kingdom and the British Empire, which did not grant its parts equal rights with England, Wales, Scotland and Ireland. The direct effect of American natural resource law in Micronesian jurisdictions once again draws attention to the possibility of using political and legal structures implemented by the United States of America and the Russian Federation in terms of promoting the concept of "collecting lands" of the Russian Empire, that is, returning to the historical bosom of the lost Russian territories by American methods. Meanwhile, it is impossible to fully support Robert Statham, who argues in the above publication about the effectiveness of granting citizenship of the United States of America to Micronesians. The granting of this privilege leads to an influx of migrants, creating social tension in Micronesia, as citizens of the United States prefer continental America to the Pacific islands.