The Western Sahara conflict: towards a constructivist approach to self-determination

Using the case of the Western Sahara conflict, the paper examines the challenge of identity and identity determinants within the self-determination discourse in international relations. This study subjects the theory of self-determination's classical and secessionist broad categories to a systematic analysis. The paper argues that the self-determination theory and practice are unable to account for the intricate nature of the conflict in the Western Sahara. In particular, the theory neglects the colonial legacy of the territory and fails to problematise the central issue of identity. These have contributed to the ensuing difficulty of identifying the indigenous peoples of the territory due to its emphasis on a positivist legal framework. Alternatively, the study suggests a constructivist approach to the study of identity and indigenousness in self-determination. The significance of this research lies in its ambitious attempt to enrich the debate on the self-determination from an international relations theoretical framework. It also bridges the gap between international relations and international law. Finally, the paper invites future theoretical formulations of the self-determination theory and practice. The implications of this article are generalisable beyond the Western Sahara case and certainly enrich the overall understanding of the self-determination concept and claims in other areas of the world. Practically, this research forces a rethinking of the prevalent United Nations' views on identity and indigenousness away from its rigid legalistic and positivist framework.