Case study II
When Conquest Becomes Administration
Puerto Rico, Guam, New Caledonia and French Guiana
Method, sources and a statement on AI assistance: see the manual.
Documented from
- Treaty of Peace between the United States and Spain
- US Department of the Interior
- UN General Assembly Resolution 748 (VIII)
- UN General Assembly
- French Ministry for Overseas Territories
- Organic Law No. 99-209 concerning New Caledonia
- French National Assembly
- UN Special Committee on Decolonization
- Convention implementing the Schengen Agreement
- Spain's instrument of ratification and declaration concerning Ceuta and Melilla
Evidence in this study
The bars and counts show how many ledger claims fall in each evidence class. They are a count, not a confidence score and not a measure of evidentiary weight.
See all 8 claims in the ledgerEmpires do not survive only through soldiers. They survive by converting the results of conquest into legal categories, budgets, elections, military installations and administrative routines. Once that conversion occurs, officials can describe the resulting relationship without mentioning the force that created it.
This study does not claim that Puerto Rico, Guam, New Caledonia and French Guiana have the same status. They do not. It asks a comparative question: how does a territorial relationship born in conquest or colonisation become normalised, and how much authority do the people of the territory possess over its continuation?
I include this comparison as a Venezuelan because the language of administration can make power appear natural after the violence that established it has passed from living memory. That concern does not permit me to call every unequal relationship an occupation or to erase rights that residents genuinely possess. The method must register both continuity and change.
In Miedo, I wrote about the oldest rule in politics: those with weapons and without moral limits tend to do what they want. This study follows the same mechanism after the gunfire has become less visible—when force is converted into law, budgets, conditional citizenship and routine. The question is not whether every current institution is false. It is who still holds the final decision when the people of a territory ask to change the relationship.
The analytical chain
The common sequence is:
conquest or annexation → metropolitan legislation → administrative normalisation → economic and military dependency → a restricted or metropolitan-controlled path of exit
The chain does not prove that every contemporary institution is illegitimate. It identifies what official present-tense descriptions omit. To evaluate a territory, the relevant facts include the origin of acquisition, its constitutional classification, the location of final sovereign authority, representation, UN decolonisation status, strategic use, material dependency and the practical ability of the population to choose another future.
The comparison uses a common set of variables, not a claim of equivalence. Historical acquisition is one variable; present citizenship, representation, autonomy, UN status and control of constitutional change are others. A conclusion that considered only the first would be historically aware but legally incomplete. A conclusion that considered only the present would be administratively accurate but historically blind.
Puerto Rico: constitutional subordination after military acquisition
The United States acquired Puerto Rico from Spain under the 1898 Treaty of Paris following war. Congress later constructed a territorial government and US citizenship. Today Puerto Rico is a US “commonwealth” and an unincorporated territory. Its residents are US citizens and elect their own local government, but they do not vote for president while resident on the island and their representative in the House of Representatives lacks a final vote on legislation. Congress retains decisive authority over the territorial relationship.
In 1953 the UN General Assembly accepted that the United States would cease transmitting information on Puerto Rico under Article 73(e) of the UN Charter after establishment of the Commonwealth. Puerto Rico is consequently not on the present UN list of Non-Self-Governing Territories. That UN decision is a material legal and institutional fact; it does not resolve the continuing political argument over self-determination or congressional supremacy.
The exact description is therefore not “Puerto Rico is currently occupied by the US military.” It is: a territory acquired through war whose colonial acquisition was converted into durable constitutional subordination under the authority of Congress.
Guam: unfinished decolonisation and militarisation
Guam was likewise ceded by Spain to the United States in 1898. It is an unincorporated US territory whose people are US citizens, with local self-government subject to federal authority. Unlike Puerto Rico, Guam remains on the UN list of Non-Self-Governing Territories, and the United States is its administering power.
Guam also carries an exceptional military burden because of its strategic location in the Pacific. That function affects land, infrastructure, environmental risk and the territory’s exposure in a conflict among larger powers. The metropolitan state receives strategic depth; island residents live with the physical concentration of that strategy.
Guam’s condition is best described as unfinished decolonisation combined with intensive strategic use. Citizenship and elected institutions matter, but they do not transfer final sovereignty or remove Guam from the international decolonisation framework.
New Caledonia: negotiated decolonisation without a settled exit
France formally annexed New Caledonia in 1853. French settlement, dispossession and coercive administration shaped the territory long before the negotiated Matignon and Nouméa processes established its present sui generis institutions.
New Caledonia remains a UN-listed Non-Self-Governing Territory. The Nouméa Accord transferred substantial competences and created a staged self-determination process, including three referendums. The political legitimacy of the last vote remains deeply contested because the principal Kanak independence coalition asked that it be postponed during the COVID-19 mourning period and did not participate.
As of 20 August 2026, New Caledonia’s institutional future is still not finally settled. The existing French organic-law framework remains in force. A proposed new constitutional arrangement advanced in Paris in 2026 passed the Senate but was rejected by the National Assembly on 2 April. This is a concrete demonstration of where final constitutional authority remains: a negotiated local future still depends on metropolitan legislation.
The correct classification is not a simple colony-versus-independent binary. New Caledonia is a sui generis territory in an incomplete and contested decolonisation process, with substantial autonomy but without final local control over sovereignty.
French Guiana: colonial incorporation with citizenship
French Guiana must not be confused with the sovereign state of Guyana. France established colonial control in Guiana over centuries. In 1946 the territory became an overseas department; since 2015 its departmental and regional bodies have been combined in a single territorial collectivity. It forms part of the French Republic and the European Union under the constitutional framework of Article 73. Its residents are French and EU citizens, vote in presidential and national elections, and elect representatives to the French Parliament.
French Guiana is not on the UN list of Non-Self-Governing Territories. It is not accurately described as a present foreign military occupation. Its formal incorporation and political rights are genuine differences from Guam or New Caledonia.
There is a further legal distinction that belongs on this map. French Guiana is part of the European Union as an outermost region, but it is outside the territorial scope of Schengen: Article 138 of the Convention implementing the Schengen Agreement limits the Convention's application for France to the European territory of the French Republic. Ceuta and Melilla are not an exact analogue. Spain's Schengen accession declaration instead preserves a specific regime, including local border-visa rules and identity and document checks on sea and air connections from the two cities to the rest of Spain or another Schengen state. It is therefore inaccurate to say that all three territories are simply excluded from Schengen in the same way: French Guiana is territorially excluded, while Ceuta and Melilla are governed by a Spain-specific special arrangement with departure controls.
Yet incorporation does not erase colonial continuity. The territory remains economically and administratively dependent on decisions made in metropolitan France; it displays severe inequality, infrastructure gaps and a strategic function through the Guiana Space Centre. The useful description is colonial incorporation with formal citizenship, national representation and continuing structural dependency.
I include this distinction because it demonstrates how incorporation can be complete in one legal layer and limited in another. French and EU citizenship are real; exclusion from Schengen is also real. A civilian map must record both instead of allowing the word “integrated” to conceal differentiated territorial treatment.
What the comparison reveals
| Territory | Historical entry | Present classification | UN decolonisation status | Final sovereign authority |
|---|---|---|---|---|
| Puerto Rico | Ceded after the 1898 US–Spain war | US unincorporated territory/commonwealth | Not presently listed | US Congress retains decisive authority |
| Guam | Ceded after the 1898 US–Spain war | US unincorporated territory | Non-Self-Governing Territory | United States is administering power |
| New Caledonia | French annexation in 1853 | French sui generis collectivity | Non-Self-Governing Territory | Status change still depends on French constitutional action |
| French Guiana | French colonisation; departmentalised in 1946 | French single territorial collectivity under Article 73 | Not listed | Incorporated within the French constitutional order |
The comparison defeats two simplifications. First, modern administration does not cleanse the historical use of force that created territorial authority. Second, colonial history does not make all present legal relationships identical. A credible civilian map must hold origin and present institutions together.
The decisive test is not whether a metropolis uses the word “colony.” It is whether the people of a territory possess an effective, credible and sufficiently autonomous means to determine the political relationship under which they live. Where the final decision remains in Washington or Paris, administration has normalised power without necessarily transferring it.
Civilian implications
Territorial status affects voting rights, access to courts, mobility, benefits, currency, military exposure, environmental regulation and the ability to seek international support. Civilians should ask not only which passport they possess, but which institution can change the rules and whether they have an equal vote in that institution.
The practical map should record both protections and dependencies. Formal citizenship may create powerful rights of movement and legal redress. Federal or metropolitan finance may sustain essential services. Military investment may produce employment. Those benefits are part of reality. So are the political asymmetry, strategic burden and constrained exit that make the relationship durable.
For this reason I do not use “colony,” “occupation” or “incorporation” as interchangeable accusations. They are classifications with different legal and civilian consequences. Precision is not a concession to the administering power. It is what allows the remaining asymmetry to be identified without relying on a slogan.
Sources
Sources include primary documents, official records, attributed investigative reporting and separately identified authorial context. Links open the originals.
- 01Treaty of Peace between the United States and Spain, 10 December 1898, Article IIgovinfo.gov
- 02US Department of the Interior, political classifications of insular areasdoi.gov
- 03US Department of the Interior, acquisition processes for US insular areasdoi.gov
- 04UN General Assembly Resolution 748 (VIII), Puerto Rico, 27 November 1953digitallibrary.un.org
- 05UN General Assembly, Guam resolution, A/RES/77/142, 12 December 2022documents.un.org
- 06French Ministry for Overseas Territories, New Caledoniaoutre-mer.gouv.fr
- 07Organic Law No. 99-209 concerning New Caledonia, consolidated textlegifrance.gouv.fr
- 08French National Assembly, rejection of the 2026 constitutional bill concerning New Caledonia, 2 April 2026assemblee-nationale.fr
- 09French Ministry for Overseas Territories, French Guianaoutre-mer.gouv.fr
- 10UN Special Committee on Decolonization, working paper on New Caledonia, A/AC.109/2024/L.22digitallibrary.un.org
- 11Convention implementing the Schengen Agreement, Article 138, official French publicationlegifrance.gouv.fr
- 12Spain's instrument of ratification and declaration concerning Ceuta and Melillaboe.es