
The International Court of Justice and Decolonisation
New Directions from the Chagos Advisory Opinion
- English
- PDF
- Available on iOS & Android
The International Court of Justice and Decolonisation
New Directions from the Chagos Advisory Opinion
About this book
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.
Frequently asked questions
- Essential is ideal for learners and professionals who enjoy exploring a wide range of subjects. Access the Essential Library with 800,000+ trusted titles and best-sellers across business, personal growth, and the humanities. Includes unlimited reading time and Standard Read Aloud voice.
- Complete: Perfect for advanced learners and researchers needing full, unrestricted access. Unlock 1.4M+ books across hundreds of subjects, including academic and specialized titles. The Complete Plan also includes advanced features like Premium Read Aloud and Research Assistant.
Please note we cannot support devices running on iOS 13 and Android 7 or earlier. Learn more about using the app.
Information
Table of contents
- Cover
- Half-title page
- Title page
- Copyright page
- Contents
- List of Figures
- List of Tables
- List of Contributors
- Acknowledgements
- Table of Cases and Awards
- Table of Legislation
- Treaties and Conventions
- UN General Assembly Resolutions
- National Legislation
- List of 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