The International Court of Justice and decolonisation : new directions from the Chagos Advisory Opinion / edited by Thomas Burri, University of St Gallen, Jamie Trinidad, University of Cambridge ; assistant editor Dominik K. Hofstetter.

Format:

Book

Contributor:

Burri, Thomas, editor.

Trinidad, Jamie, editor.

Language:

English

Subjects (All):

International Court of Justice.

United Nations Convention on the Law of the Sea (1982 December 10).

United Nations Convention on the Law of the Sea.

International law--British Indian Ocean Territory.

International law.

Res judicata.

Chagossians--Legal status, laws, etc.

Chagossians.

Decolonization.

Colonies (International law).

Sovereignty.

British Indian Ocean Territory--International status.

British Indian Ocean Territory.

Physical Description:

1 online resource (xxvi, 303 pages) : digital, PDF file(s).

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2021.

Summary:

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.

Contents:

Introduction : decolonisation and the international court of justice : new directions from the Chagos Advisory Opinion / Thomas Burri and Jamie Trinidad

Chagos, custom, and the interpretation of UN General Assembly resolutions / James Summers

Reflections on the treatment of General Assembly resolutions in the Chagos Advisory Opinion / Stephen Allen

The Chagos Advisory Opinion and the principle of consent to adjudication / Zeno Crespi Reghizzi

Two takes on Chagos - reconciling the advisory opinion with the res judicata effect of the UNCLOS arbitral award / Johannes Hendrik Fahner

State responsibility in advisory proceedings : thoughts on judicial propriety and multilateralism in the Chagos opinion / Fernando Lusa Bordin

Peremptory norms in the advisory opinion of the international court of justice on the decolonization of Mauritius and the Chagos Archipelago / Antoni Pigrau

Reflections on the United Kingdom's assertion of sovereignty over the Chagos Archipelago in the wake of the Chagos Advisory Opinion / Chris Monaghan

The Chagos marine protected area / Sue Farran

Human rights and the Chagos Advisory Opinion / Irini Papanicolopulu and Thomas Burri

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, Hana Šerbec

Chagos and the perplexities of the law of treaties / Peter H Sand

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

Reflections on the human tragedy underlying the Chagos case and the way forward / Sebastian Schnitzenbaumer.

Notes:

Title from publisher's bibliographic system (viewed on 22 Feb 2021).

ISBN:

1-108-89689-8

1-108-89708-8

1-108-89377-5