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
8 - Reflections on the UK’s Assertion of Sovereignty over the Chagos Archipelago in the Wake of 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
This chapter considers the UK’s assertion of sovereignty over the Chagos Archipelago in the wake of the Advisory Opinion of the International Court of Justice (ICJ) in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. It will be argued in this chapter that the UK’s assertion to sovereignty is tenuous as it rests on weak foundations which are increasingly undermined by the colonial context in which the then colony of Mauritius agreed to the detachment of the Chagos Archipelago. The UK’s sovereignty over the Chagos Archipelago is contested by Mauritius (and by the majority of countries that have given their support to the campaign to force the return of the territory). The Republic of Mauritius first challenged the UK’s sovereignty at the United Nations General Assembly (UNGA) in 1980, some twelve years after gaining its independence.1 The Court’s Advisory Opinion is a landmark in terms of how sovereignty over the Chagos Archipelago must now be approached.
- Type
- Chapter
- Information
- The International Court of Justice and DecolonisationNew Directions from the Chagos Advisory Opinion, pp. 144 - 158Publisher: Cambridge University PressPrint publication year: 2021