The Chagos Islanders And International Law
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The Chagos Islanders And International Law
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Author : Stephen Allen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-16
The Chagos Islanders And International Law written by Stephen Allen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-16 with Law categories.
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.
Fifty Years Of The British Indian Ocean Territory
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Author : Stephen Allen
language : en
Publisher: Springer
Release Date : 2018-05-30
Fifty Years Of The British Indian Ocean Territory written by Stephen Allen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-30 with Law categories.
This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.
The Chagos Archipelago Case In The International Court Of Justice
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Author : Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel
language : en
Publisher: Lulu.com
Release Date : 2020-01-21
The Chagos Archipelago Case In The International Court Of Justice written by Prof. Dr. h.c. Mehmet _ŸkrŸ GŸzel and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-21 with Law categories.
?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.
Eviction From The Chagos Islands
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Author : Sandra Evers
language : en
Publisher: BRILL
Release Date : 2011-05-23
Eviction From The Chagos Islands written by Sandra Evers and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-23 with History categories.
This book represents the first joint effort to document the historical background of the eviction (late 1960s, early 1970s) of the Chagosssians from the Chagos archipelago when the main island became an US-military base. It documents their eviction, resettlement, livelihoods, legal struggles and future aspirations.
Looking Beyond The Bancoult Cases
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Author : Stephen Allen
language : en
Publisher:
Release Date : 2010
Looking Beyond The Bancoult Cases written by Stephen Allen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
During the 1960s, the US government entered into an agreement with the UK government to construct a military facility in the Chagos Archipelago. The UK government excised the Archipelago from the colony of Mauritius and created the British Indian Ocean Territory (BIOT). Diego Garcia was transferred to the United States and the indigenous people of the entire Archipelago were secretly banished. This process led to their chronic impoverishment. In the Bancoult cases, the English courts held the exile to be unlawful and that the Chagossian people possess a public law right of abode in the Chagos Islands. This article examines whether international law can facilitate the resettlement to the Chagos Islands via recognition of BIOT's non-self-governing status. It also explores the prospect of securing compensation for the loss of ancestral lands by reference to existing and evolving international standards on indigenous rights.
The International Court Of Justice And Decolonisation
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Author : Thomas Burri
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-04
The International Court Of Justice And Decolonisation written by Thomas Burri and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-04 with Law categories.
Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.
International Law Relating To Islands
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Author : Sean D. Murphy
language : en
Publisher: BRILL
Release Date : 2019-03-25
International Law Relating To Islands written by Sean D. Murphy and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-25 with Law categories.
This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.
International Law Reports Volume 162
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Author : Elihu Lauterpacht
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-07
International Law Reports Volume 162 written by Elihu Lauterpacht and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-07 with Law categories.
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 162 reports on, amongst others, the 2015 award in the Chagos Islands Arbitration (Mauritius v. United Kingdom) together with the judgments of the European Court of Human Rights in Chagos Islanders v. United Kingdom and of the English courts in Bancoult (No. 3) which also concern the Chagos islands/British Indian Ocean Territory. It also reports on the 2014 award in the Railway Land Arbitration (Malaysia/Singapore) and the United Kingdom Supreme Court decision in Pham v. Secretary of State for the Home Department.
Island Of Shame
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Author : David Vine
language : en
Publisher: Princeton University Press
Release Date : 2011-01-23
Island Of Shame written by David Vine and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-23 with History categories.
David Vine recounts how the British & US governments created the Diego Garcia base, making the native Chagossians homeless in the process. He details the strategic significance of this remote location & also describes recent efforts by the exiles to regain their territory.
Research Methods For International Human Rights Law
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Author : Damian Gonzalez-Salzberg
language : en
Publisher: Routledge
Release Date : 2019-06-13
Research Methods For International Human Rights Law written by Damian Gonzalez-Salzberg and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.