Out of Imperialism – the Case of Greenland

International Law Breakfast Briefing with Ole Spiermann and Jens Kristian Hvolbøl, Bruun & Hjejle.

Greenland presents one of the most distinctive questions in the modern law of self-determination. Once a Danish colony, Greenland is today a self-governing part of the Kingdom of Denmark, with its own parliament and government and extensive legislative and executive powers. The 2009 Act on Greenland Self-Government recognizes the people of Greenland as a people with a right to self-determination under international law, while at the same time preserving the constitutional unity of the Kingdom.

But what does it mean for Greenland to move out of imperialism? And when does a colonial relationship come to an end? Greenland's transition has not followed the conventional path from colony to independent state. Danish colonial rule formally ended in 1953, followed by Home Rule in 1979 and Self-Government in 2009. Greenland has acquired extensive responsibility for its own affairs, including the ability to assume further areas of responsibility, while foreign affairs, defense, security and certain other matters remain at the level of the Kingdom. The Self-Government Act also contains a framework for Greenlandic independence should the Greenlandic people decide to pursue it. Today, the so-called § 21 Commission is examining the legal framework and possible paths for Greenland to exercise that right to independence.

Greenland's development from colony to self-government within the Kingdom of Denmark is distinctive and raises a number of particularly complex questions of international and constitutional law. Questions about the legal status of Greenland and its path to independence have become particularly significant as Greenland has moved to the center of renewed geopolitical attention. The Arctic's strategic importance, the presence of the United States in Greenland and growing international interest in the region have brought questions of sovereignty, security and self-determination into sharp focus.

The presentation will examine Greenland's journey from colony to self-government through the lenses of constitutional law and international law. Against the backdrop of recent developments, it will look ahead to the legal questions surrounding Greenland's future, including the possibility of independence. More broadly, it will explore what the history of Greenland can tell us about the limits of the traditional distinction between colony and sovereign state, as well as what it means, at least in legal terms, to move out of imperialism.

About the speakers

Ole Spiermann is a partner and chairman of the board of Bruun & Hjejle and is part of the firm's dispute resolution practice. He is a former Professor of International Law at the University of Copenhagen and holds a PhD in law from the University of Cambridge. From 2005 to 2008, he advised the Greenlandic side in the Greenland-Danish Self-Government Commission on constitutional and public international law matters, contributing to the negotiations that led to the present framework for Greenland's self-government. His practice covers dispute resolution, public and international law, and complex investigations. Over the years, he has advised Greenland’s self-government on a number of issues. More recently, he was appointed as a member of the § 21 Commission, established by the Greenlandic government to examine the legal framework for Greenland's potential path to independence under § 21 of the Self-Government Act.

Jens Kristian Hvolbøl is a Danish lawyer at Bruun & Hjejle, where he works primarily with dispute resolution and public law matters. He holds a law degree from Aarhus University and an LL.M. from Harvard Law School, where he focused on international law, constitutional law and disputes resolution. He has advised on questions of constitutional and public international law relating to Greenland. He has also taught constitutional and EU law at Aarhus University.

Registration

Sign up for the breakfast briefing.

You will receive the Zoom link in the email confirmation.

About the series

The International Law Breakfast Briefings offer a regular opportunity for researchers, practitioners, and students with an interest in international law to meet, exchange views, and share research findings on current issues in the field.