Islands of principle : referendums, constitutions, and the arc of international norms in the Falkland Islands, Malta, and the Chagos Archipelago

Abstract

This article investigates how international laws underpin constitutional legitimacy in small island territories, drawing parallels to different states grounded in democracy, rule of law, and human rights. Unlike larger jurisdictions that embed norms through complex institutions, islands often turn to direct referendums for domestic consent and global recognition. Three former colonial outposts – Falkland Islands, Malta, and Chagos Archipelago – reveal divergent outcomes. Malta’s 1964 independence and 2003 EU-accession plebiscites facilitated a seamless shift to sovereign statehood and human-rights alignment. In 2013, the Falklands reaffirmed British Overseas Territory status, bolstering self-determination despite Argentina’s territorial-integrity claims and the UN Decolonization Committee’s June 2013 debate. By contrast, Chagos was secretly detached from Mauritius in 1965 (contravening UN General Assembly Res. 1514(XV) and 2066(XX)), and its people expelled without a vote. Only the International Court of Justice’s 2019 advisory opinion and UNGA Res. 73/295 (2019), now supplemented by bilateral talks and the 2025 sovereignty agreement, have begun redress; yet that deal itself proceeded without a referendum, despite calls from Chagossian representatives for one. These cases confirm that transparent referendums are helpful tools for just constitution making; their absence can perpetuate injustice.