Historicising Mauritian self-determination at the International Court of Justice
Year: 2024
Type: article
Abstract: Between 2018 and 2019, the International Court of Justice considered whether the formation and current existence of British Indian Ocean Territory violated international law. This article reveals how three temporalities – decolonial nation-state, colonial and indigenous – shaped, and were shaped by, differing conceptions of Mauritian self-determination within the Case. In doing so, this study provides an account of previously unrecognised notions of self-determination that were formative of the recent Chagos Archipelago dispute. I argue that the British delegation recasts the meaning of Mauritian self-determination as an expression of intra-colonial rights, past and present. Furthermore, I contend that Chagossian responses to the Case advanced a notion of indigeneity as having multiple moments and sites of emergence – with corresponding rights claims that extricate self-determination from a singular period and space of injustice. These colonial and indigenous conceptions of self-determination are shown to challenge, yet ultimately become subordinated to, the familiar nation-state debates on complete/incomplete Mauritian decolonisation. A focus upon representations of time does more than uncover aspects of the recent Chagos Archipelago dispute, which were structured by novel attempts to conceptualise self-determination. This article holds wider significance for post-colonial IR. The competing registers of shaped time strove to reinforce or revise what counts as post-1960 norms of self-determination.
Author: Zaki Nahaboo
Institution: Birmingham City University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,450
OpenAlex ID: W4405113592