Territorial Disputes in the Americas blog series. Post 16: Self-determination and territorial disputes in the Americas

 

Self-determination and territorial disputes in the Americas

There are several current cases in the continent of America where territorial disputes are based on issues of self-determination:

1. Puerto Rico (United States):
   • Description: The status of Puerto Rico involves a long-standing debate over its political relationship with the United States. Although Puerto Rico is an unincorporated territory of the U.S., there are movements advocating for statehood, independence, or a form of free association. The Puerto Rico Status Act, which aimed to resolve Puerto Rico’s status through a binding plebiscite, was passed by the U.S. House of Representatives but stalled in the Senate. This reflects ongoing self-determination debates.
2. Belize-Guatemala Territorial Dispute:
   • Description: Guatemala claims a significant portion of Belize based on historical rights from the Spanish colonial period. The dispute involves both territorial sovereignty and maritime rights. The International Court of Justice (ICJ) has been tasked with resolving this issue, with referendums in both countries supporting taking the matter to the ICJ. This case is less about self-determination of a community within Belize but more about national sovereignty and historical claims, though it does involve local communities’ rights and identity.
3. Guyana-Venezuela Border Dispute (Essequibo region):
   • Description: Venezuela claims nearly two-thirds of Guyana, particularly the Essequibo region, based on colonial-era agreements and maps. This dispute has historical roots but has seen renewed tension with Venezuela’s referendum on annexing the area. The dispute involves Guyana’s right to self-determination as an independent nation and control over its resources, particularly oil discovered offshore in the disputed area. The case is before the ICJ.

Self-determination and indigenous populations

1. Native American Reservations (United States/Canada):
   • Description: Numerous Native American tribes in both the U.S. and Canada have ongoing disputes related to land rights, water rights, and sovereignty. While these are not strictly “territorial disputes” between states, they embody self-determination issues as tribes seek to reclaim or assert control over lands historically theirs, often challenging state or federal jurisdiction. Examples include disputes over water rights in the American Southwest or land claims in Canada. This is a broad, ongoing series of disputes rather than a singular case.
2. There are other cases like the Mapuche community (Argentina and Chile) that will be explore in detail in future blog posts.

Other cases

1. Falkland/Malvinas Islands: This case will be discussed in the next blog post.
2. San Andrés, Providencia, and Santa Catalina (Raizal People) This case will be discussed in the next blog post.

Each of these cases reflects different aspects of self-determination, ranging from national sovereignty, control over natural resources, to cultural and ethnic identity preservation. These disputes often hinge on historical claims, legal interpretations, and the rights of peoples to govern themselves or decide their political status.

I include below a video in which I explain the relationship between sovereignty and self-determination concerning territorial disputes (see at 26′ 59″):

NOTE:

This blog series introduces, explains and assesses issues pertaining territorial disputes in the Americas including law, politics, culture, history and religion. There will be new posts every Monday, Wednesday and Friday.

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Self-determination: Falkland/Malvinas Islands and the San Andrés, Providencia, and Santa Catalina (Raizal People)

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Friday 17th January 2025

Dr Jorge Emilio Núñez

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