The Birth of East-Belgian Identity and the Treaty of Versailles: A Critical Legal Analysis

Abstract In the former districts of Eupen and Malmedy, present-day East-Belgians, in particular academic and socio-political elites, draw their collective identity, amongst others, from the historical injustices inflicted upon them ever since the adoption of the Treaty of Versailles. The transfer of sovereignty from Germany to Belgium was then the subject of a popular consultation organised by the transitional Belgian authorities in those territories. Favouring national over popular sovereignty, those authorities de facto undermined the freedom of choice and imposed their annexation to Belgium which the League of Nations, despite criticisms, consecutively endorsed. Much has been said about this petite farce belge yet not from a legal point of view. Thus, this article sheds a different light on the historical accounts of those events which are instrumentalised to construct the contemporary collective identity of the German-speaking Community of Belgium.