Unpacking (fuzzy) cultural preservation perspectives within the Falepili Union Treaty framework – EJIL: Talk! – Go Health Pro

Unpacking (fuzzy) cultural preservation perspectives within the Falepili Union Treaty framework – EJIL: Talk! – Go Health Pro

On 28 August 2024, the Falepili Union Treaty between Tuvalu and Australia entered into force. As the first climate resettlement treaty ever adopted in history, providing a defined climate mobility pathway, this peculiar legal instrument on climate cooperation offers numerous reflections enshrined in its first four articles (e.g. the recognition of Tuvalu’s sovereignty and continuity … Read more

Unpacking Donald Trump’s Statements – EJIL: Talk! – Go Health Pro

Unpacking (fuzzy) cultural preservation perspectives within the Falepili Union Treaty framework – EJIL: Talk! – Go Health Pro

On January 8, 2025, U.S. President-elect Donald Trump questioned Denmark’s legal rights to Greenland, stating, “people don’t really know if Denmark has any legal rights to [Greenland].” While the specific concerns behind his remarks remain unclear, they likely touch on two interrelated issues: Denmark’s historical establishment of sovereignty over Greenland, despite limited effective occupation initially, and the Greenlandic people’s right to self-determination.

This post examines the legal foundations of Denmark’s sovereignty over Greenland and addresses the Greenlandic people recognized right to self-determination within international law. It concludes that Greenland’s legal status within the Kingdom of Denmark is firmly established. Denmark’s sovereignty is supported by historical legal developments, continuous and peaceful exercise of authority, and the absence of unresolved challenges from other States under international law. Should Greenland choose independence in the future, it would be a matter of political will exercised through democratic processes, not a legal deficiency in Denmark’s title.

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