This is why Denmark cannot sell Greenland to Donald Trump
-
Denmark cannot sell Greenland, and it would be very difficult for Denmark to prevent Greenlanders' independence
-
But what kind of agreement could Greenland potentially make with the USA? And would the entire island be included? These are questions that the Danish fact-checking media TjekDet has asked experts in international law
Donald Trump wants Greenland.
He wanted it in 2019 during his first presidency, and now he wants it again as he prepares to take office as President of the United States for a second time in just a few weeks.
On January 6, Donald Trump sent a message to Greenlanders on his social media platform, Truth Social, stating that it would benefit both the U.S. and Greenland if the Arctic island came under American ownership.
At a press conference on Tuesday, Trump further stated that he would not rule out using military or economic force to make Greenland American. This has sparked an emerging foreign policy crisis for Denmark concerning the world’s largest island.
Both Greenland's Prime Minister Múte B. Egede and Denmark's Prime Minister Mette Frederiksen have rejected the notion that Greenland is for sale. However, Greenlandic independence remains a major topic on the island.
So how would it even be possible for Greenland to become independent? And is it even feasible to sell the country to the U.S.?
Can Denmark sell Greenland?
The answer is simply no, experts say.
Miriam Cullen, an associate professor with Centre for European, Comparative, and Constitutional Legal Studies at University of Copenhagen, calls the idea of Denmark being able to sell Greenland absurd. She explains that it would clearly violate both the Greenland Self-Government Act and international law for Denmark to hand over Greenland to the U.S. in exchange for money.
“You cannot sell Greenland, where people live, work, and have self-government. The Self-Government Act makes it very clear that any decision about Greenland’s independence must be made by the people of Greenland,” she says.
Whether Greenland remains part of Denmark or becomes independent is up to the Greenlanders themselves.
Therefore, Greenlanders also have the right to decide if they want to join another country, says Frederik Harhoff, professor emeritus at the University of Southern Denmark and an expert on the Danish Commonwealth. But first, they would need to separate from Denmark.
“Greenland cannot simply transfer itself to the U.S. without Denmark’s involvement. They must first become an independent state and then potentially negotiate some kind of agreement with the U.S. — perhaps even becoming the 51st state,” he says.
How could Greenland become independent?
First and foremost, a referendum in Greenland would be required for the island to separate from Denmark.
Afterward, the Greenlandic government, Naalakkersuisut, would begin negotiations with the Danish government to leave the Danish Commonwealth.
In principle, the two governments could also negotiate an agreement before Greenlanders vote on secession, says Miriam Cullen.
But once an agreement is reached between the two governments, Naalakkersuisut must present it to the Greenlandic Parliament in Nuuk for debate. If they agree, Greenlanders must then vote on the agreement in a referendum. The Danish Parliament, Folketinget, must also approve the agreement under the Danish Constitution.
Does that mean Denmark can block Greenland’s independence?
In principle, yes, since Article 19 of the Danish Constitution states that Denmark must consent to Greenland’s secession. However, in reality, it would be difficult for Denmark to block the process if Greenlanders want independence, researchers say.
“In principle, Folketinget has the power to decide whether they agree with the independence agreement and could oppose it,” says Miriam Cullen.
However, she believes it’s highly unlikely that this would happen, especially after the Danish and Greenlandic governments would have likely spent years negotiating the agreement.
Moreover, Denmark has supported Greenland’s right to self-determination for many years and is unlikely to go against the Self-Government Act, she adds.
If Folketinget were to reject Greenland’s independence against expectations, Denmark could face international legal challenges, Cullen says.
“On an international legal level, Greenland has the right to self-determination. So if Folketinget were to oppose a decision made through a Greenlandic referendum, it would likely violate international law and could end up in an international court,” she says.
What happens if Greenland gains independence?
This would mean Greenland leaves the Kingdom of Denmark and becomes an independent state.
Greenland would then need to apply for membership in the United Nations to secure recognition as an independent state and gain its own seat in the General Assembly, says Frederik Harhoff.
Afterward, Greenland could decide to fully integrate with another country or establish various levels of cooperation. Harhoff suggests it’s unlikely that an independent Greenland would not have an agreement with another country, as Greenlanders wouldn’t be able to protect the island’s territory by themselves.
“By that point, there would likely already have been negotiations between the U.S. and Greenland about the possibility of Greenland associating with the U.S. and possibly transferring defense responsibilities to the U.S., given its strategic location between Russia and the U.S.,” he says.
Such an agreement is called a free association agreement, entered into by two independent states — for example, Greenland and the U.S. Typically, the more powerful state has a strategic interest in the agreement, as Trump does in Greenland, while the less powerful state receives financial support.
Miriam Cullen believes that the most likely scenario for an independent Greenland would be a free association agreement with another country — likely Denmark. Similar agreements exist between the Marshall Islands and the U.S. and the Cook Islands and New Zealand.
“In other parts of the world, former colonial powers have granted independence to colonies, which then operate independently. However, they still support the now-independent state and its people due to ongoing cultural and social connections. This is entirely possible here,” she says.
According to Frederik Harhoff, there is nothing preventing Denmark and Greenland from negotiating an agreement with the U.S. on behalf of the Danish Commonwealth concerning Greenland’s defense, resource extraction, or other matters. Such an agreement could very well form part of an association agreement.
“It’s important to remember that association agreements, as we know them from other parts of the world, don’t need to have specific terms other than that the smaller state transfers some of its responsibilities to a larger state in exchange for financial or strategic protection,” he says.
Is the entire island Greenlandic?
Some have suggested that an independent Greenlandic state could comprise only part of the island, leaving the rest as Danish territory to ease the process of recognition by Denmark.
However, researchers argue that Denmark cannot simply cede only a part of the island to Greenlanders.
“It has never been disputed that Greenland comprises the entire territory. Therefore, under international law, Greenlandic independence would mean that the entire territory would belong to the Greenlandic state.”
Frederik Harhoff agrees.
“It’s clear that Greenland, upon gaining independence, would take over the entire land territory and maritime territory,” he says.
This article is a translation of a Danish version: Nej, Danmark kan ikke sælge Grønland.