[PDF] The Chagos Archipelago Case In The International Court Of Justice eBook

Author : Thomas Burri
Publisher : Cambridge University Press
Page : 331 pages
File Size : 30,56 MB
Release : 2021-03-04
Category : Law
ISBN : 1108841279

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Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.

Author : Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
Publisher : Lulu.com
Page : 200 pages
File Size : 48,56 MB
Release : 2020-01-21
Category : Law
ISBN : 179488775X

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?Full implementation of Article 73 of the UN Charter is an obligation for the administrative states as well for the UK for the territorial integrity of Mauritius. The Lancaster House Undertakings is under the ex injuria jus non oritur principle, that unjust acts cannot create law. The UK did not fulfill in good faith the obligations assumed by Article 73 in accordance with Article 2 (2) of the UN`s Charter. The Advisory Opinion interpreted by the ICJ is Article 38 (1) (b) created a new colony;the ICJ should have used Article 38 (1) (a) as the source of law for its decision.The decision of the ICJ is under the definition of an internationally wrongful act of an international organization by interpreting Article 38 (1) (b) of its Statute as the source for the Advisory Opinion interpretation.

Author : Thomas Burri
Publisher : Cambridge University Press
Page : 331 pages
File Size : 19,87 MB
Release : 2021-03-04
Category : Law
ISBN : 1108896898

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The 2019 Chagos Advisory Opinion of the International Court of Justice is a decision of profound legal and political significance. Presented with a rare opportunity to pronounce on the right to self-determination and the rules governing decolonization, the ICJ responded with remarkable directness. The contributions to this book examine the Court's reasoning, the importance of the decision for the international system, and its consequences for the situation in the Chagos Archipelago in particular. Apart from bringing the Chagossians closer to the prospect of returning to the islands from which they were covertly expelled half a century ago, the decision and its political context may be understood as part of a broader shift in North/South relations, in which formerly dominant powers like the UK must come to terms with their waning influence on the world stage, and in which voices from former colonies are increasingly shaping the institutional and normative landscape.

Author : Stephen Allen
Publisher : Bloomsbury Publishing
Page : 545 pages
File Size : 40,8 MB
Release : 2014-10-16
Category : Law
ISBN : 1782254757

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In 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism.

Author : Sean D. Murphy
Publisher : BRILL
Page : 383 pages
File Size : 13,66 MB
Release : 2019-03-25
Category : Law
ISBN : 9004361545

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This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.

Author : Patrícia Galvão Teles
Publisher : BRILL
Page : 288 pages
File Size : 43,74 MB
Release : 2021-10-18
Category : Law
ISBN : 9004467661

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This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement. The contributors are well-established academics and practitioners as well as emerging voices in international law, coming from a rich and diverse regional background.

Author : Stephen Allen
Publisher : Springer
Page : 385 pages
File Size : 22,76 MB
Release : 2018-05-30
Category : Law
ISBN : 3319785419

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This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.