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Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965; (Advisory Opinion)

International Court of Justice.  25 February 2019 .

Published online by Cambridge University Press:  17 March 2021

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Abstract

International Court of Justice — Advisory jurisdiction — Article 65(1) of Statute of Court — Competence of General Assembly — United Nations Charter, 1945, Article 96(1) — Whether question submitted to Court of legal character — Alleged lack of clarity of terms of request — Whether having effect on legal nature of question — Whether depriving Court of jurisdiction

International Court of Justice — Advisory jurisdiction — Discretion to decline to give opinion — Requirement of compelling reasons for Court to decline to give opinion — Whether questions raising complex and disputed factual issues unsuitable for determination — Whether Court having sufficient information and evidence — Requesting organ to determine whether opinion required — Whether advisory opinion would reopen findings of Arbitral Tribunal — Res judicata — Relevance of United Kingdom lack of consent to judicial settlement — Principle of consent to judicial settlement of disputes — Whether Court would be deciding a bilateral dispute

States — Decolonization — Independence — Separation of the Chagos Archipelago from Mauritius — Whether process of decolonization of Mauritius lawfully completed — Relevant period — Applicable law — Right of self-determination — Whether self-determination customary law during relevant period — Territorial integrity — Whether detachment of Chagos Archipelago unlawful

International organizations — United Nations — General Assembly — Decolonization — Functions of the General Assembly regarding decolonization — Non-self-governing territories — Free and genuine will of people of a non-self-governing territory — Mauritius

Human rights — Self-determination — United Nations Charter, 1945 — General Assembly Resolution 1514 (XV) 1960 — Right erga omnes — Chagos Archipelago — Mauritius — Continued administration of Chagos Archipelago by United Kingdom — Consequences under international law arising from continued administration by United Kingdom of Chagos Archipelago — Whether continued administration constituting a wrongful act — Whether responsibility of United Kingdom engaged under international law — Whether United Kingdom obliged to put an end to any internationally wrongful act — Obligations upon all States under United Nations Charter and international law

Type
Case Report
Copyright
© Cambridge University Press 2021

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