Abstract

It was not until the Union Jack was lowered that the cheering of the crowds had completely drowned out the military orchestra. The Mauritian flag soared into the sky and with it the gaze of now Prime Minister Seewoosagur Ramgoolam, who stood in awe of the moment. Independence was now official. Mauritius’ independence ceremony on 12 March 1968 followed the same protocol of symbolism that was seen in the few other countries that already celebrated their independence from the British. In the context of colonies gaining independence, such symbolism seems to have been elevated to a status as important as the act of gaining independence itself. It was as if the deal could not be considered sealed unless in the presence of the people, the colonial power and the world, the foreign flag was finally lowered for the own flag to rise. And it is impossible to hold that skepticism against former colonies; after all, it was certainly not uncommon for oral and – as the story at issue will show – even written guarantees of colonial powers to turn out to be empty promises. With all its glory, that day in March 1968 also brought along a bitter-sweet taste. British soldiers were still patrolling the streets, their warships were still present and the fear of violence that had ravaged the country throughout the months leading up to independence, felt just as real on celebration day as it did before. Most bitter of all, as would become clear years later, was the sacrifice Mauritius had made in the pursuit of its independence – the Chagos Archipelago. This (sixth) story of international law is one of opposites. It ventures into the victory of independence over colonialism on the one hand, while demonstrating the defeat of full self-determination in light of still existing influence of former colonial powers over unliberated territories. This paradox seems inherent to the notion of ‘decolonization’: a truly pivotal process of emancipation in international law that was, however, never been fully completed. In three parts, the present piece will examine this paradox, by firstly discussing the historical background leading up to the first decolonization waves (II.). Secondly, it shall discuss Mauritius’ independence in 1968 and the following detachment of the Chagos Archipelago (III.). Third, it will emphasize milestones of legal development in the law on decolonization that took place in the subsequent decade (IV.) and lastly conclude on the progress made ever since and where the pertinent decades stand in the bigger picture of the international rule of law (V.).

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