The International Court of Justice and Decolonisation
Title | The International Court of Justice and Decolonisation PDF eBook |
Author | Thomas Burri |
Publisher | Cambridge University Press |
Pages | 331 |
Release | 2021-03-04 |
Genre | Law |
ISBN | 1108841279 |
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
The Chagos Archipelago Case in the International Court of Justice
Title | The Chagos Archipelago Case in the International Court of Justice PDF eBook |
Author | Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel |
Publisher | Lulu.com |
Pages | 200 |
Release | 2020-01-21 |
Genre | Law |
ISBN | 179488775X |
?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.
The Chagos
Title | The Chagos PDF eBook |
Author | Mehmet Şükrü Güzel |
Publisher | |
Pages | 0 |
Release | 2019 |
Genre | |
ISBN | 9786057851475 |
The International Court of Justice and Decolonisation
Title | The International Court of Justice and Decolonisation PDF eBook |
Author | Thomas Burri |
Publisher | Cambridge University Press |
Pages | 331 |
Release | 2021-03-04 |
Genre | Law |
ISBN | 1108896898 |
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.
CHAGOS ARCHIPELAGO CASE IN THE INTERNATIONAL COURT OF JUSTICE.
Title | CHAGOS ARCHIPELAGO CASE IN THE INTERNATIONAL COURT OF JUSTICE. PDF eBook |
Author | PROF. DR. H.C. MEHMET SUKRU GUZEL. GUZEL |
Publisher | |
Pages | |
Release | 2020 |
Genre | |
ISBN | 9781794878204 |
The Chagos Islanders and International Law
Title | The Chagos Islanders and International Law PDF eBook |
Author | Stephen Allen |
Publisher | Bloomsbury Publishing |
Pages | 545 |
Release | 2014-10-16 |
Genre | Law |
ISBN | 1782254757 |
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.
Interprétation des traités de paix avec la Bulgarie, la Hongrie et la Roumanie : Avis consultatifs des 30 mars et 18 juillet 1950
Title | Interprétation des traités de paix avec la Bulgarie, la Hongrie et la Roumanie : Avis consultatifs des 30 mars et 18 juillet 1950 PDF eBook |
Author | International Court of Justice |
Publisher | |
Pages | 608 |
Release | 1950 |
Genre | |
ISBN |