Abstract

This study seeks to explore the legal and political dimensions that enable or impede self-determination. This research investigates how legal frameworks and governance structures influence independence movements in non-self-governing and disputed territories, focusing on the Chagos Islands, Western Sahara, and New Caledonia. The central question asks: “How does legality, legislation, and governance affect the independence movements of disputed territories in the 21st century?”

This research aims to address the underexplored intersection of international law with domestic policy and self-determination in disputed territories. Many independence movements are held back by legal and structural constraints imposed by parent states (henceforth ‘metropoles’). This project looks to understand how laws and public policy shape conceptions of sovereignty, and how global recognition, media, institutional design, and political will affect the viability of decolonization movements.

This study intends to approach this question by adopting a mixed-methods approach using primary/secondary sources and literature reviews to analyze past independence movements. The research phase involves three steps: collecting sources, building case studies, and synthesizing findings to explore how metropoles leverage legal systems to retain disputed territories.

Introduction

This research stems from my interest in non-self-governing entities—territories with contested political identities and no recognized self-determination. As globalization and decolonization intersect, this study examines the renewed viability of independence movements and the evolving complexities of self-determination.

The topic of sovereignty has fascinated me from a young age, especially as an Argentine regarding the issue of the Falkland Islands/Islas Malvinas, which has long affected me personally through both my own family and national history. My interest originates from Argentine domestic instability, which has challenged long-standing public opinions on identity, highlighting a connection between governance and self-determination. I want to research these unique cultural identities and their association with sovereignty; more so, I would like to explore the challenges of non-self-governing territories that have global implications, through investigation into the Chagos Islands, New Caledonia, and Western Sahara.

The goal is to investigate how governance and social systems expressed through legislation—that includes political institutions, party/electoral systems, social media, socio-economic relations, resource exploitation, and environmental sustainability—shape the causes of independence movements, towards effective political transition within the given legal-political framework, to foster equitable outcomes in the pursuit of self-determination.

Research Objectives & Questions

The primary objectives discuss how laws and public policy shape conceptions of sovereignty. This discussion also includes how non-self-governing entities and independence movements could situate themselves on the global stage. In accordance with this, primary goals for the project will include:

• Looking at case studies to determine the role of the legislature in shaping sovereignty discourse.
• Understand how legislative governance and public policy affect conceptions of sovereignty through research pieces.

The secondary objective(s) is to learn what shapes peoples’ perceptions of independence, and factors that motivate or impede independence movements from succeeding, such as: social media, public awareness, propaganda, disinformation, institutional deficiencies, flawed electoral or voting process, and political interference. This includes:

• “How do social, mass, or traditional media affect independence referendums, and how do actors attempt to manipulate or control the narrative on sovereignty?”
• “When does the homeland decide whether there is value in maintaining its overseas territories during an independence referendum, and how does it affect other territories under its control?”

Given recent events, this project will also ask the question: “What lessons can be learned from Chagos Islands’ newfound independence from the colonial metropole, and how can this be applied to Western Sahara and New Caledonia?”

Background

As statehood is a relatively new development in the international order, struggles arise given the topic and the management of disputed territories. The concept of ‘state’ remains vague under international law, as UNGA Resolution 1541 balances self-determination, sovereignty, and territorial integrity to justify continued colonial governance. Colonial legacies still impact the global order, as territories such as Western Sahara, Chagos Islands, and New Caledonia struggle even today to separate themselves from the metropole. More notably, Western Sahara is known as “Africa’s last colony,” and one of the longest disputes for independence, tracing back to Spanish colonization in the 1800’s.

However, breakthroughs are constantly being made, and many notable disputed territories, such as Kosovo, Timor-Leste, and South Sudan, have attained independence within the 21^st century. Observing how these territories have attained independence influenced the direction of this research, as I aim to see how can disputed territories can attain independence, using historic examples to create a framework.

Specific to this study, ICJ rulings on the liberation of Chagos Islands from the United Kingdom, and accords being ratified since January of this year have provided evolving contexts for this study, influencing the research direction. Independence movements and referendums in New Caledonia in particular, occurring in 2021, 2020, and 2018 demonstrate a background with independence movements and attempts at self-determination.

Methodology

The methodology will be quantitative and qualitative, using both primary and secondary resources available, drawing from available literature reviews to formulate case studies. Before the official start period, I will develop a framework alongside my research advisor to analyze how past independence movements acquired sovereignty in disputed territories (e.g. Kosovo, Timor-Leste, South Sudan). This framework will look at (1) compiling the background or the context of these independence movements; (2) intervention analysis; (3) outcome metrics; (4) overall lessons learned from these independence movements that may be applicable to more independence movements. This framework will guide the case studies that this project has decided to look at but may also be used to inform other ongoing case studies.

During the actual research period, now equipped with a proper framework, the research period will be divided into 3 main parts: collecting literary sources and information and gathering primary material for conducting a focused literature review, filling out the case-study templates for the three cases by using primary and secondary sources and creating a literature review, and synthesizing my findings to understand how metropoles use legality and legislation to maintain their overseas disputed territories.

Training/Certifications Needed

N/A

Research Location

I will be completing my research within Canada.

Research Ethics Board

N/A

Timeline

Resources & Support Needed

Given the nature of the project, I anticipate using tools such as official UN or inner state legal documents. Other documents may include in-depth articles or books (namely, “The Last Colony” by Philippe Sands on Britain’s colonial legacy over the Chagos Islands), looking at interviews conducted, and even court cases, for example the ICJ’s ruling over the Chagos Islands. I will be referring to my research advisor for guidance into what documents or resources I should be looking at.

Potential Impact

This study examines territorial claims in non-sovereign and sub-national jurisdictions, an underexplored area in research on sub-state actors. It analyzes state formation, decolonization, and self-determination through the experiences of oppressed peoples, raising awareness of marginalized communities and their struggles with colonial legacies. By integrating colonial history, international law, political science, and public policy, this research provides an interdisciplinary foundation for future studies.

This study examines how internal governance shapes sovereignty and impacts citizens' identities, challenging orthodox views on domestic and international legal frameworks. It critiques the notion that sub-sovereign status is the best option for island territories and argues for the universal right to self-representation. Additionally, it critiques the homeland-external dynamic that sustains colonial dependency and explores challenges to self-determination, particularly why independence referendums often fail.

The broader implications of the research are that it serves as a basis for future research into non-self-governing entities, formalized through political institutions in the contemporary context of independence struggles. Secondly, this research investigates public policy through studying electoral systems and state transition by analyzing past experiences of decolonization and provides alternative policy-making considerations for equitable social development in the future.

Budget

Provided separately.

References

N/A