On March 28, 2025, Shelley Moorhead, acting on behalf of the politically disenfranchised people of the United States Virgin Islands, formally submitted a petition to the Permanent Court of Arbitration (PCA) in The Hague. The filing requests procedural reform and recognition of third-party standing in treaty arbitration related to the 1916 Treaty of the Danish West Indies (DWI)—the agreement through which Denmark sold the Virgin Islands to the United States for $25 million in gold.
This submission marks the first time in PCA history that a non-sovereign people has formally challenged their exclusion from arbitration under a colonial-era treaty based on the legacy of the Doctrine of Discovery and structural discrimination embedded in international legal norms.This submission marks the first time in PCA history that a non-sovereign people has formally challenged their exclusion from arbitration under a colonial-era treaty based on the legacy of the Doctrine of Discovery and structural discrimination embedded in international legal norms.
Key Arguments:
1. Structural Exclusion under Article XII:
• The 1916 Treaty recognizes only Denmark and the United States as “High Contracting Parties,” excluding the United States Virgin Islands (USVI) population—who remain directly affected by its terms and consequences—from any role in its interpretation or enforcement.
2. Colonial Designation of “Inhabitants”:
• Article VI reduced the people of the USVI to mere “Inhabitants,” denying them legal personhood or the right to Self-Determination. This reflects a legal framework inherited from the Doctrine of Discovery, which historically stripped non-European peoples of sovereignty and standing.
3. Violation of International Law:
• The continued exclusion violates international legal principles, including:
• Article 1 of the UN Charter (right to Self-Determination),
• International Covenant on Civil and Political Rights, and
• Precedents such as the ICJ’s Chagos Archipelago (2019) and Western Sahara (1975) rulings, affirming peoples’ rights under Decolonization.
4. Call for Procedural Reform at the PCA:
• The petition urges the PCA to revise its internal protocols to:
• Recognize third-party standing where treaty obligations materially affect nonstate peoples;
• Permit amicus curiae filings and consultative hearings from historically disenfranchised populations;
• Rethink the exclusionary application of the term “High Contracting Parties.”
Why This Matters:
This case exposes a significant gap in the international legal system: treaty arbitration mechanisms that deny the very people subjected to those treaties any right to participate. More than a century after the sale of the Danish West Indies, U.S. Virgin Islanders remain without a voice in determining how their historical and legal legacy is interpreted at the highest levels of international law.
As ACRRA Vice President and Legal Counsel Mr. Devin Carrington states: “This isn’t just about legal paperwork or history books. It’s about ending colonial crumbs and claiming our rightful seat at the table—not just to cut slices of the bread, but to now have a say in how the loaf is made, who must share in it, and what everyone’s portion should rightfully be.” —Devin Carrington, ACRRA VP & Legal Counsel
Conclusion:
The ACRRA submission urges the PCA to confront the legal architecture that enables structural exclusion. It seeks not only recognition for the people of the USVI—but also a broader precedent for how non-sovereign and formerly colonized peoples can engage international legal bodies that have long refused them entry.
