Volume: 4 Issue 9 [September 2021]

Article:Madagascar’s Claim for the Sovereignty over the Scattered Islands which Arbitrarily Occupied by France in the Perspective of International Law: A "war of the seas"

Author: Rakotoarivelo Tiana Nantenaina, Dr. Idris, S.H., M.A., Raden Achmad Gusman Catur Siswandi, S.H, LL.M. Ph.D.

Volume: Vol 4, Issue 9; September 2021

DOI: North American Academic Research, 4(9) 194-207 September 2021, https://doi.org/10.5281/zenodo.5593191

Abstract: The “Scattered Islands” comprises five islands or groups of islands located either in the Mozambique Channel west of the large island of Madagascar for the Glorieuses, Juan de Nova, Bassas da India, and Europa, or in the North East of Madagascar for the Tromelin islands. The islands In international law of the sea, especially UNCLOS 1982 and international law are of considerable importance. While their combined land area is only about 43km², their adjacent waters potentially represent 640,400km² of Exclusive Economic Zone. However, shortly before the independence of Madagascar, which took place on June 26, 1960, they were attached by Decree n° 60-555 of April 1, 1960, to the French Overseas Ministry, against the wishes of the Malagasy representatives. The legal aspect of the status of the Scattered Islands is interesting given the circumstances relating to the decolonization procedure and the attempts at conciliation that followed the Malagasy claim after this mentioned independence. Madagascar first claimed sovereignty over the Scattered Islands in 1973. It was not until 1978 that Madagascar brought official sovereignty claims to certain international organizations. These were related only to the Glorieuses, Europa, Juan de Nova, and Bassas da India, not including Tromelin

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