The nation of Vanuatu has formally filed an application with the United Nations’ International Court of Justice (ICJ) against France, seeking a resolution over a long-standing dispute regarding sovereignty in the South Pacific. This legal maneuver, made on Monday, aims to establish Vanuatu’s sovereignty over contested islands near New Caledonia, a French territory. Vanuatu, an archipelago of about 80 islands and approximately 300,000 residents, claims these islands are vital due to the economic benefits associated with their surrounding exclusive economic zones, which include rights to fishing and potential seabed mineral resources. The islands in question, uninhabited volcanic landmasses, have been under French claim since 1975.
The ICJ filing hinges on Article 38 of the ICJ Rules of Court, which allows a state to lodge a suit even when the opposing state hasn’t explicitly accepted the court’s jurisdiction. However, as of ICJ’s statement on Tuesday, France’s consent is required to move forward, as they would need to abide by the court’s jurisdiction for any proceedings to begin. France’s historical interaction with the ICJ has been cautious since it ended its declaration to accept jurisdiction following past unfavorable outcomes, such as seen in the Nuclear Tests cases of the 1970s. Although ad hoc declarations were made in 2003 and 2006, it remains uncertain if France will cooperate in this context.
Central to the dispute is the UN Convention of the Law of the Sea (UNCLOS), to which both countries are signatories. Article 121(3) of UNCLOS presents a challenge, as it stipulates that rocks not capable of sustaining human habitation or economic life cannot assert such zones. This poses a significant hurdle for any claims by France regarding these uninhabited islands’ economic zones.
Efforts to resolve the disagreement diplomatically have previously stalled. Last July, both nations indicated a willingness to reach a practical solution, yet negotiations ultimately lapsed. As matters stand, France has yet to publicly react to Vanuatu’s ICJ filing. For further reading on the developments, the initial report can be accessed here.
With geopolitical tensions in the Pacific region keenly observed by various stakeholders, how France and Vanuatu navigate this legal conflict will be closely monitored by both regional and international audiences.