Malagasy Sovereignty over the Scattered Islands and the Protection of Ecosystems: A Legal and Scientific Analysis

Todisoa, Fabiola Stephanie (2025) Malagasy Sovereignty over the Scattered Islands and the Protection of Ecosystems: A Legal and Scientific Analysis. In: Proceedings Book of the IX. International Symposium - 2025 “Environmental Health and Biosecurity Strategy”. Óbuda University, Budapest, pp. 290-296. ISBN 9789634493655

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Abstract

An important case study at the nexus of territorial rights and ecological protection is the ongoing sovereignty issue over the Scattered Islands (Îles Éparses). This study evaluates Madagascar's ability to administer these ecologically significant regions in compliance with international conservation criteria and investigates whether environmental protection warrants France's continued administration of these islands. The legitimacy of environmental defenses for territorial occupancy under international law is called into issue by the sovereignty dispute between Madagascar and France over the Scattered. Madagascar asserts its historical and legal rights over the region, backed by UN resolutions, whereas France retains sovereignty of these islands, citing ecological protection as the key reason. This essay evaluates Madagascar's ability to manage these ecosystems, looks at the viability of France's environmental case, and considers possible frameworks for collaborative conservation under Malagasy sovereignty. Legally speaking, Madagascar's claim is based on the uti possidetis juris concept, which preserves borders from the colonial era at the time of independence. No clause in international law enables possession of the islands for environmental reasons alone, and UN Resolution 34/91 (1979) expressly acknowledges the islands as an essential component of Madagascar. Despite these legal underpinnings, France's ongoing governance violates the principles of territorial sovereignty and self-determination. Scientifically, while the Scattered Islands host unique biodiversity—including coral reefs, seabird colonies, and endangered marine species—their protection does not inherently require French oversight. Furthermore, France’s militarized presence contradicts its stated ecological objectives, suggesting that alternative, sovereignty-respecting conservation models are both feasible and preferable. In finale, there is no moral or legal basis for France's environmental defense of its occupation of the Scattered Islands. With the right international assistance, Madagascar is more than capable of managing these areas. In accordance with international law, a resolution that supports Malagasy sovereignty will protect the islands' ecosystems. The case emphasizes the necessity of separating ecological care from neo-colonial territorial demands and promoting fair collaborations in international environmental governance in its place.

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