Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law

Amy Maguire, 'Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law' (2013) 22(1) Griffith Law Review 238-269.

31 Pages Posted: 15 Feb 2014

See all articles by Amy Maguire

Amy Maguire

University of Newcastle Law School, Australia

Date Written: August 15, 2013

Abstract

The most prominent engagement of self-determination to date was in the decolonisation era, when the right facilitated the emergence to independence of formerly colonised ‘peoples’. The newly decolonised states met the ‘salt-water’ test of colonialism. Some contemporary commentators argue that self-determination’s mission of decolonisation is now complete.

Self-determination is less frequently asserted today, however, contemporary ‘hard cases’ remain. Some of these cases involve peoples who can demonstrate a continuing colonial experience. For varying reasons, these claimants do not meet the salt-water colonial test and their claims have not been adequately addressed by the international community. Instead, claimant groups are abandoned to the political whims of their administering states.

This article examines the significance of the colonial experience for two contemporary claimant peoples; Indigenous peoples in Australia, and Irish nationalists in the North of Ireland. Data gathered through qualitative research interviews, and analysed according to a grounded theory approach, demonstrates that the self-determination claims of these peoples are stifled by the denial of their contemporary colonial experiences.

The current failure of international law to consider these claims through a colonial lens is inhibitive of creative self-determination solutions in multi-ethnic states. Self-determination, as a universal human right, retains potential to meet the needs of these contemporary, anti-colonial claimants. In this article, I demonstrate how international legal approaches to self-determination may be decolonised, in order to facilitate the full and fair evaluation of contemporary anti-colonial claims.

Keywords: International law, human rights, self-determination, colonialism, Irish nationalism, Indigenous peoples in Australia

Suggested Citation

Maguire, Amy M, Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law (August 15, 2013). Amy Maguire, 'Contemporary Anti-Colonial Self-Determination Claims and the Decolonisation of International Law' (2013) 22(1) Griffith Law Review 238-269. , Available at SSRN: https://ssrn.com/abstract=2395899

Amy M Maguire (Contact Author)

University of Newcastle Law School, Australia ( email )

1 University Drive
Callaghan, NSW 2308
Australia
+61(0)249215374 (Phone)

HOME PAGE: http://www.newcastle.edu.au/profile/amy-maguire

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