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The International Court of Justice and Decolonisation: New Directions from the Chagos Advisory Opinion

The International Court of Justice and Decolonisation: New Directions from the Chagos Advisory Opinion

Author: Thomas Burri; Jamie Trinidad
Publisher: Cambridge University Press
ISBN: 9781108810203

Published In: November 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781108841276

List Price: ¥7,880.73

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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.

Acknowledgements

Table of cases and awards

Table of legislation

List of abbreviations

1. Decolonization and the international court of justice: new directions from the Chagos advisory opinion

Thomas Burri and Jamie Trinidad

2. Chagos, custom and the interpretation of UN general assembly resolutions

James Summers

3. Reflections on the treatment of general assembly resolutions in the Chagos advisory opinion

Stephen Allen

4. The Chagos advisory opinion and the principle of consent to adjudication

Zeno Crespi Reghizzi

5. Two takes on Chagos – reconciling the advisory opinion with the res judicata effect of the unclos arbitral award

Johannes Hendrik Fahner

6. State responsibility in advisory proceedings: thoughts on judicial propriety and multilateralism in the Chagos opinion

Fernando Lusa Bordin

7. Peremptory norms in the advisory opinion of the international court of justice on the decolonization of Mauritius and the Chagos archipelago

Antoni Pigrau

8. Reflections on the United Kingdom's assertion of sovereignty over the Chagos archipelago in the wake of the Chagos advisory opinion

Chris Monaghan

9. The Chagos marine protected area

Sue Farran

10. Human rights and the Chagos advisory opinion

Irini Papanicolopulu and Thomas Burri

11. Heightened scrutiny of colonial consent according to the Chagos advisory opinion: pandora's box reopened?

Mohor Fajdiga, Ula Aleksandra Kos, Gregor Oprčkal, Anže Mediževec, Pia Novak, Ana Samobor, Miha Plahutnik, Anže Kimovec, Urša Demšar, Vid Drole and Hana Šerbec

12. Chagos and the perplexities of the law of treaties

Peter H. Sand

13. Prospect of the Chagos advisory opinion and the subsequent UN general assembly resolution helping resolve the future of the Chagos archipelago and of its former inhabitants: a political perspective

David Snoxell

14. Reflections on the human tragedy underlying the Chagos case and the way forward

Sebastian Schnitzenbaumer

Index