Doctrines on Colonialism


Chapter II

As stated in the Preface, colonialism is a rather elusive concept. It is both a political, a legal, an economic, a cultural and a social phenomenon which does not lend itself to a short and clear definition. While states have carefully refrained from defining colonialism, many scholars of various disciplines have written about the subject. A comprehensive review of all existing literature on colonialism is clearly beyond the scope of this report. The following section will look at a number of definitions of colonialism by historians and anthropologists.


2.1 Selected Definitions

Many writers have used the terms colonialism and imperialism interchangeably, as if there is little difference between these two phenomena. In his article A Definition of Colonialism, R.J. Horvath maintains that the important difference between the two phenomena appears to be the presence of a significant number of settlers from the colonising power in the colonised state.16 Whereas settlement may be the most important feature of colonialism, it is generally acknowledged that colonialism involves much more than the immigration of people from one region to another one.

In his book Modern Colonialism: institutions and policies, T.R. Adam defines colonialism as 'the political control of an underdeveloped people whose social and economic life is directed by the dominant power'.17 This definition touches upon some important aspects of colonialism, but the element of 'alien domination' which appears to be at the heart of the colonial experience, is missing from this analysis. (see section 5.4.1).

According to Hans Kohn 'colonialism is foreign rule imposed upon a people'.18 He emphasises that 'this phenomenon of foreign rule has nothing intrinsically to do with European control over portions of Asia or Africa. (...) Nor need colonial rule signify domination by white nations over dark-skinned peoples (...)'.

Colonialism to Michael Doyle is one of the possible outcomes of imperialism, which in turn is the process of establishing 'a relationship, formal or informal, in which one state controls the effective political sovereignty of another political society.'19 This relationship, according to Doyle, can be achieved by force, by political collaboration, by economic, social or cultural dependence.

The Palestinian writer Edward Said endorses Doyle's analysis and adds that both imperialism and colonialism are supported 'and perhaps even impelled' by ideologies which maintain 'that certain territories and people require [emphasis added] and beseech domination, as well as forms of knowledge affiliated with domination'.20

Lee C. Buchheit, a legal scholar, explains colonialism in the following terms: 'the domination of a people by foreign governors (with its attendant injury to national and cultural pride) and the inability of the colonial subjects to control their own political destiny, often coupled with a degree of economic exploitation and denial of human rights.'21


2.2 The Salt Water Doctrine

Most scholarly writing on colonialism and decolonisation is based on the 'salt water doctrine', according to which the term colonialism exclusively applies to the relationship between European colonial powers and their 'overseas territories'22. According to Hans Kohn, this is an 'emotional bias', as it is based on the 'widespread though unwarranted assumption, which had its origin in the fifteenth-century age of discoveries, that colonial empires are established by sea-powers, whereas expansion into contiguous land masses does not produce (...) colonialism'.23

Buchheit voices his criticism of the salt water doctrine as follows:


International law is thus asked to perceive a distinction between the historical subjugation of an alien population living on a different part of the globe and the historical subjugation of an alien population living on a piece of land abutting that of its oppressors.24

According to a strict interpretation of this 'salt water doctrine'25, territories need to be separated from the metropolitan state by sea in order to qualify as colonies. The doctrine relies on what has been referred to by some writers as the 'principle of distance' as an indispensable element of colonialism. The principle of distance is generally discussed in the context of the right to decolonisation or self-determination. While it must be borne in mind that the criteria for colonisation and those of the right to decolonisation are not the same, as only a number of colonies have been recognised as possessing the right to decolonisation, these criteria do overlap: if colonies do not need to be separated from the dominant metropolitan state by sea in order to possess the right to decolonisation, it automatically follows that the principle of distance is not a constitutive element of colonialism.

At first glance, Article 22(6) of the Covenant of the League of Nations may seem to be a convincing legal source of the 'salt water doctrine'. This Article states inter alia:

There are territories, (...) which because of their geographical contiguity to the territory of the Mandatory (...) can best be administered under the laws of the Mandatory as an integral portion of its territory.

However, this Article does not state that geographical contiguity involves (permanent) title to territory. It is a mere recommendation on the manner in which a Mandatory Power could administer a contiguous Mandate Territory.26 Significantly, the United Nations Charter, which is the legal successor to the Covenant of the `league of Nations, does not repeat Article 22's reference to contiguity.27

UN General Assembly Resolutions 567 and 154128, which appear to come closest to supporting the principle of distance, suggest that this principle is a mere guideline which can be dispensed with if other factors are equally or more important.29 The second part of the Annex to Resolution 567, describes Non-Self-Governing Territories30 as territories 'on equal status with other component parts of the metropolitan or other country' and enumerates the 'factors indicative' of these territories as follows:

3. Geographical considerations: Extent to which the relations of a territory with the capital of the central government may be affected by circumstances arising out of their respective geographical positions, such as separation by land, sea or other natural obstacles.

4. Ethnic and cultural considerations: Extent to which the population is of different race, language or religion or has distinct cultural heritage, interests or aspirations, distinguishing them from the peoples in the country with which they freely associate themselves.31


In his book A Concept of Nation, Driessen notes:

The use of the word 'indicative' in the title [of resolution 567] (...) leaves open the possibility of a Non-Self-Governing Territory bordering upon its metropolitan state.32

It is clear that the 'salt water doctrine' has played an important role in the way colonialism has been perceived and assessed. However, there is no convincing legal basis to support this doctrine. This suggests that the salt water doctrine imposes rather arbitrary restrictions on the conceptual scope of colonialism.

From this short overview a number of salient characteristics of colonies emerge: political, economic and social domination by a foreign metropolitan state and the presence of metropolitan settlers. Moreover, we have concluded that there is no legal rule which states that a satellite region needs to be geographically separated from the metropolitan state in order to qualify as a colony. Having established these basic facts, the next chapter will examine how colonialism has been dealt with in the international political arena.

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