Self-Determination in Disputed Colonial Territories (Cambridge Studies in International and Comparative Law, Series Number 134)

Self-determination In Disputed Colonial Territories Addresses The Relationship Between Self-determination And Territorial Integrity In Some Of The Most Difficult Decolonization Cases In International Law. It Investigates Historical Cases, Such As Hong Kong And The French And Portuguese Territories In India, As Well As Cases That Remain Very Much Alive Today, Such As The Western Sahara, Gibraltar, The Falkland Islands And The Chagos Islands. This Book Provides A Comprehensive Analysis Of Colonial Territories That Are, Or Have Been, The Subject Of Adverse Third-party Claims, Invariably By Their Neighbouring States. Self-determination In Disputed Colonial Territories Takes A Contextual, Historical Approach To Mapping The Existing Law And Will Be Of Interest To International Lawyers, As Well As Scholars Of International Relations And Students Of The History Of Decolonization-- Machine Generated Contents Note: 1. Introduction; 2. Territorial Integrity And The Limits Of Self-determination: Paragraph 6 Of The Colonial Declaration; 3. Territorial Integrity, Irredentist Claims, And The Identification Of Self-determination Units; 4. Is There A 'colonial Enclaves' Exception To The Self-determination Rule?; 5. Overall Conclusions. Jamie Trinidad. Includes Bibliographical References And Index. Cover 1 Half Title 3 Series page 4 Title page 5 Imprints page 6 Dedication 7 Contents 9 Acknowledgements 15 Abbreviations 17 Table of Cases 21 Table of Treaties 23 1 Introduction 27 1.1 Methodology and Problématique 28 1.2 Self-Determination: The Emergence of an International Legal Rule 32 1.3 The Progression of the Chapters 43 2 Territorial Integrity and the Limits of Self-Determination: Paragraph 6 of the Colonial Declaration 47 2.1 The Drafting History of Paragraph 6 of the Colonial Declaration 49 2.1.1 The Geopolitical Context of the Debate: The Crises in Katanga and West Irian 50 2.1.2 The General Assembly Debate on Paragraph 6 56 2.2 Paragraph 6 and ‘Legal Ties of Territorial Sovereignty’: The Western Sahara Advisory Opinion of the ICJ 64 2.2.1 Background 64 2.2.2 The Western Sahara Advisory Opinion 69 2.3 Conclusion 92 3 Territorial Integrity, Irredentist Claims, and the Identification of Self-Determination Units in State Practice 96 3.1 The (General) Prohibition on the Fragmentation of Non-Self-Governing Territories 99 3.1.1 The Primacy of Territorial Integrity in Contested Cases of Partition and Alienation of Colonial Territory 100 3.1.2 Accepted Departures from Uti Possidetis in Exceptional Cases 117 3.2 Irredentist Claims Based on Ties of Territorial Sovereignty Evidenced by Treaty 128 3.2.1 The Panama Canal Zone 129 3.2.2 Hong Kong 134 3.2.3 Macau 145 3.2.4 Gibraltar – Treaty-Based Considerations 146 3.3 The Falkland/Malvinas Islands: A Dispute over Title, Not Historical Title 159 3.3.1 Historical Background and the Legal Arguments of the Parties 161 3.3.2 The UN Approach towards the Decolonization of the Falkland/Malvinas Islands 169 3.3.3 Situating the Case of the Falkland/Malvinas Islands within a Doctrinal Account of the Right to Self-Determination 173 3.4 Conclusion 178 4 Is There a ‘Colonial Enclaves’ Exception to the Self-Determination Rule? 183 4.1 Enclaves and Decolonization Doctrine 188 4.1.1 Enclaves 188 4.1.2 Doctrinal Efforts to Address a Perceived ‘Enclave Problem’ in the Context of Decolonization 190 4.2 Disputed Enclaves in Decolonization Practice – Apparent Deviations from the Norm 204 4.2.1 The French Territorial Possessions in India 205 4.2.2 São João Baptista de Ajudá 212 4.2.3 Goa and Dependencies 214 4.2.4 Ifni 221 4.2.5 Gibraltar: ‘Exceptionalist’ Aspects of the Spanish Claim 225 4.2.6 Walvis Bay 236 4.3 Other Disputed Enclave-Like Territories 240 4.3.1 Belize and East Timor: Self-Determination Delayed but Not Denied 240 4.3.2 Spain’s Remaining (Non-colonial?) Enclaves in Africa 249 4.4 Conclusions 261 5 Overall Conclusions 265 5.1 Self-Determination and Territorial Integrity 265 5.2 A Broad Conception of Territorial Sovereignty 266 5.3 Ethnographic versus Territorial Conceptions of ‘Peoplehood’ 267 5.4 ‘Palliative’ Internal Self-Determination 269 5.5 Can the Hardest Cases Be Explained by a Doctrine of Exception? 270 Appendix: Quantitative Analysis of the Terms ‘Colonial Enclaves’ (English), ‘Enclaves Coloniales’ (Spanish), and ‘Enclaves Coloniales’ (French) 273 Bibliography 277 Index 287 Cambridge Studies in International and Comparative Law 293 "Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law. It investigates historical cases, such as Hong Kong and the French and Portuguese territories in India, as well as cases that remain very much alive today, such as the Western Sahara, Gibraltar, the Falkland Islands and the Chagos Islands. This book provides a comprehensive analysis of colonial territories that are, or have been, the subject of adverse third-party claims, invariably by their neighbouring states. Self-Determination in Disputed Colonial Territories takes a contextual, historical approach to mapping the existing law and will be of interest to international lawyers, as well as scholars of international relations and students of the history of decolonization"-- Provided by publisher Self-Determination in Disputed Colonial Territories addresses the relationship between self-determination and territorial integrity in some of the most difficult decolonization cases in international law, focusing on historical cases as well as those that remain very much alive today.