The Process of Decolonization of Mauritius and the Right to External Self-Determination of Colonial Peoples

Abstract

The right to self-determination is a collective right and one of the most significant human rights. In accordance with the right to self-determination, peoples can choose their destiny in terms of political, economic, or cultural development without any external interference. However, the scope and content of the right to self-determination have remained controversial since the emergence of this right. In particular, the legal nature of the right to self-determination has been argued; while some posit that it is a legal norm, others hold that it is merely a political status in the international arena that came to light throughout the decolonization process during 1960s and still is nowadays. In spite of the codifications of the United Nations (UN), this matter is still discussed in the international arena. Relatedly, this dispute has more recently affected the process of decolonization of Mauritius. In this case, the Chagos Archipelago was separated from Mauritius by the British Government while Mauritius was in the process of gaining its independence based on the right to selfdetermination. This research would first like to focus on the scope and content of the right to external self-determination of colonial peoples according to the UN resolutions and scholars’ opinions as well as states’ practices. Second, this paper will examine the legality of the process of decolonization of Mauritius in light of the International Court of Justice’s (ICJ) advisory opinions and scholarly work.