Mauritius and the Seychelles: A Historical Review of Sovereignty and Legal Claims

In the complex world of international law and historical claims, many nations have attempted to assert ownership over territories that are not legally theirs. One such case involves the historical relationship between Mauritius and the Seychelles.

Historical Legal Context and Sovereignty Claims

The legal principle states that#8234;?">whoever holds the property is 90 percent of the law.” This concept, known as “possession is nine-tenths of the law,” underscores the importance of current control and management of a territory for establishing legal claims. However, when we delve into the specific case of Mauritius and the Seychelles, it becomes evident that Mauritius never ldquo;owned nor occupiedrdquo; the Seychelles.

A Brief History of the Seychelles

The history of the Seychelles dates back to the fourth fleet of the Portuguese India Armadas led by Vasco da Gama in 1503. Prior to this, the islands were known to Arab navigators and other sailors for many centuries. On 15 March 1503, the scrivener Thome Lopes noted the sighting of an elevated island undoubtedly one of the granitic islands and almost certainly Silhouette Island.

Early Explorations and Settlements

The first recorded landing on the ldquo;uninhabitedrdquo; Seychelles was by the men of the English East India Company ship Ascension, which arrived in the islands in January 1609. Subsequently, the archipelago was explored in 1742 and 1744 by the Frenchman Lazare Picault and was formally annexed to France in 1756. The islands were later named Séchelles, which was later changed by the British to Seychelles.

British Administration and Legal Cession

The Seychelles changed hands multiple times due to the war between France and Britain. The archipelago was surrendered to the British in 1810 and was formally ceded to Great Britain by the Treaty of Paris in 1814. The abolition of slavery in the 1830s had a significant impact on the Seychelles, as the European colonists lost their labor force and had to switch to less labor-intensive crops like coconut, vanilla, and cinnamon.

Administrative Relationship and Independence

Until 1903, the Seychelles was administered as a “Dependency of Mauritius.” Then, it became a separate British Crown Colony. A Legislative Council with elected members was introduced in 1948. Mauritius remained a “colony” of the British until March 1958, when it was granted “independence.” In June 1976, the Seychelles gained its own “independence” from Britain.

Conclusion

In summary, while many nations have tried to claim territories that are legally their own, Mauritius never held sovereignty or ownership of the Seychelles. The distinct historical and legal trajectories of these two island nations make it clear that any claims or disputes between them are based on historical context rather than current ownership or occupation.