New Caledonia: the archipelago that does not want to be freed

Breda, Vito and Mihailovic, Andreja (2019) New Caledonia: the archipelago that does not want to be freed. Comparative Law Journal of the Pacific, 24 (Small Countries). pp. 69-95.


Abstract

In 2018, the electorate of New Caledonia voted against independence in the first of a probable series of referenda. The result did not surprise many of those who follow New Caledonian politics. A substantial (yet variable) mining income, a level of public services above the regional average in the Pacific, a higher, by way of comparison, level of constitutional autonomy than other French regions, the possibility of accessing European world-class higher education institutions and the benefits of being a member of the European Overseas Countries and Territories Association (hereafter the OCTA) are a few of the reasons that might have convinced New Caledonians to reject independence. The motivations that move a political community towards independence are indeed multifarious, yet this article will focus on the flexibility shown by the French constitutional system in accommodating the demands of the Kanak, and the potential implications of renouncing the benefits of European citizenship.
The essay is divided into two sections, preceded by an introduction and followed by a conclusion. The first section will discuss the Noumea Accord and its implications for the French constitutional system. The second will discuss the identity-based constitutional aspirations of the Kanak.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Faculty/School / Institute/Centre: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice (1 Jul 2013 -)
Date Deposited: 01 Aug 2019 05:04
Last Modified: 28 Jan 2020 23:37
Uncontrolled Keywords: New Caledonia, referendum, secession, Kanak
Fields of Research (2008): 18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Fields of Research (2020): 48 LAW AND LEGAL STUDIES > 4803 International and comparative law > 480302 Comparative law
Socio-Economic Objectives (2008): C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/36078

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