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

Reflections on the ICJ's Chagos Advisory Opinion and its broader context: British colonialism, US military interests, and human rights violations.

Thomas Burri (Edited by), Jamie Trinidad (Edited by)

9781108810203, Cambridge University Press

Paperback / softback, published 3 November 2022

329 pages
22.9 x 15.2 x 1.8 cm, 0.479 kg

'… extremely interesting and worthwhile … The editors of The International Court of Justice and Decolonisation are to be commended for providing a thorough and in-depth examination.' Miriam Bak McKenna, European Journal of International Law

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.

List of contributors
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 Opr?kal, 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.

Subject Areas: Case law [LNZC], International human rights law [LBBR], International environmental law [LBBP], Law of the sea [LBBK], Public international law [LBB]