The International Court of Justice and Decolonisation Book contents
- The International Court of Justice and Decolonisation
- The International Court of Justice and Decolonisation
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases and Awards
- Table of Legislation
- UN General Assembly Resolutions
- National Legislation
- Abbreviations
- 1 Introduction
- 2 Chagos, Custom and the Interpretation of UN General Assembly Resolutions
- 3 Reflections on the Treatment of General Assembly Resolutions in the Chagos Advisory Opinion
- 4 The Chagos Advisory Opinion and the Principle of Consent to Adjudication
- 5 Two Takes on Chagos: Reconciling the Advisory Opinion with the Res Judicata Effect of the UNCLOS Arbitral Award
- 6 State Responsibility in Advisory Proceedings: Thoughts on Judicial Propriety and Multilateralism in the Chagos Opinion
- 7 Peremptory Norms in the Advisory Opinion of the International Court of Justice on the Decolonisation of Mauritius and the Chagos Archipelago
- 8 Reflections on the UK’s Assertion of Sovereignty over the Chagos Archipelago in the Wake of the Chagos Advisory Opinion
- 9 The Chagos Marine Protected Area
- 10 Human Rights and the Chagos Advisory Opinion
- 11 Heightened Scrutiny of Colonial Consent According to the Chagos Advisory Opinion: Pandora’s Box Reopened?
- 12 Chagos and the Perplexities of the Law of Treaties
- 13 Prospect of the Chagos Advisory Opinion and the Subsequent UN General Assembly Resolution Helping to Resolve the Future of the Chagos Archipelago and Its Former Inhabitants: A Political Perspective
- 14 Reflections on the Human Tragedy Underlying the Chagos Case and the Way Forward
- Index
10 - Human Rights and the Chagos Advisory Opinion
Published online by Cambridge University Press: 13 February 2021
- The International Court of Justice and Decolonisation
- The International Court of Justice and Decolonisation
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases and Awards
- Table of Legislation
- UN General Assembly Resolutions
- National Legislation
- Abbreviations
- 1 Introduction
- 2 Chagos, Custom and the Interpretation of UN General Assembly Resolutions
- 3 Reflections on the Treatment of General Assembly Resolutions in the Chagos Advisory Opinion
- 4 The Chagos Advisory Opinion and the Principle of Consent to Adjudication
- 5 Two Takes on Chagos: Reconciling the Advisory Opinion with the Res Judicata Effect of the UNCLOS Arbitral Award
- 6 State Responsibility in Advisory Proceedings: Thoughts on Judicial Propriety and Multilateralism in the Chagos Opinion
- 7 Peremptory Norms in the Advisory Opinion of the International Court of Justice on the Decolonisation of Mauritius and the Chagos Archipelago
- 8 Reflections on the UK’s Assertion of Sovereignty over the Chagos Archipelago in the Wake of the Chagos Advisory Opinion
- 9 The Chagos Marine Protected Area
- 10 Human Rights and the Chagos Advisory Opinion
- 11 Heightened Scrutiny of Colonial Consent According to the Chagos Advisory Opinion: Pandora’s Box Reopened?
- 12 Chagos and the Perplexities of the Law of Treaties
- 13 Prospect of the Chagos Advisory Opinion and the Subsequent UN General Assembly Resolution Helping to Resolve the Future of the Chagos Archipelago and Its Former Inhabitants: A Political Perspective
- 14 Reflections on the Human Tragedy Underlying the Chagos Case and the Way Forward
- Index
Summary
The Advisory Opinion rendered by the International Court of Justice (ICJ) in the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 case1 constitutes a further piece of a complex jigsaw which we will refer to broadly as the Chagos case. It relates to a group of small islands in the middle of the Indian Ocean (the Chagos Archipelago); its former inhabitants (the Chagossians); the United Kingdom, which today administers the Archipelago under the designation ‘British Indian Ocean Territory (BIOT)’; Mauritius, which claims the Archipelago as part of its own territory; the United States, which operates a military basis in Diego Garcia, the largest island in the Archipelago; and a number of other actors, including states like the Seychelles and the Maldives, and the African Union (AU).
- Type
- Chapter
- Information
- The International Court of Justice and DecolonisationNew Directions from the Chagos Advisory Opinion, pp. 187 - 206Publisher: Cambridge University PressPrint publication year: 2021