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On 25 February 2019, the ICJ handed down its Advisory Opinion on the UK's separation of the Chagos Archipelago from Mauritius on 8 November 1965. The Chagos Advisory Opinion and the Law of Self-Determination Victor KATTAN* National University of Singapore, Singapore vkattan@nus.edu.sg Abstract The advisory opinion of the International Court of Justice (ICJ) on the Separation of the Chagos Archipelago from Mauritius in 1965 has been hailed as a major victory by the Government of Mauritius and by representatives of the Chagossians who . Photograph: Fiona Hanson/PA. Events leading to the adoption of General Assembly resolution 71/292 requesting an advisory opinion. Adopted on request of the UN General Assembly, the opinion recognises that 'the process of decolonization of… ICJ Delivers Chagos Advisory Opinion, UK Loses Badly ... Chagos islanders protesting outside the high court in London in 2019. PDF Self-determination, the Chagos Advisory Opinion and the ... As a consequence, the Court found […] advisory opinion. On 25 February 2019, the International Court of Justice handed down its advisory opinion in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965.It is the most important decision of the ICJ on decolonisation in decades, and a new book edited by Thomas Burri and Jamie Trinidad, The International Court of Justice and Decolonisation: New Directions from the Chagos . The Court deemed the United Kingdom's separation of the Chagos Islands from the rest of Mauritius in 1965, when . The United Kingdom recently reacted against the International Court of Justice's Advisory Opinion on the separation of the Chagos Archipelago from Mauritius. 726. ABSTRACT. On 25 February 2019, the International Court of Justice (hereinafter ICJ or Court) delivered its advisory opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (hereinafter Chagos Archipelagos Opinion or Opinion). 174 . In its Advisory Opinion delivered on 25 February 2019, the Court concluded that "the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence" and that "the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible". Tucked away at the end of the opinion, […] The Court deemed the United Kingdom's separation of the Chagos Islands from the rest of Mauritius in 1965, when . The ICJ issued yesterday an advisory opinion on «LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965 » in which it finds that the "the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence in 1968, following the separation of the Chagos Archipelago » and that « the… 19 April 2021. Under Article 96 of the UN Charter, the . On 25 February 2019, the International Court of Justice handed down its advisory opinion in Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965.It is the most important decision of the ICJ on decolonisation in decades, and a new book edited by Thomas Burri and Jamie Trinidad, The International Court of Justice and Decolonisation: New Directions from the Chagos . In its Chagos Advisory Opinion, 1 the International Court of Justice (ICJ) found that the detachment of the Chagos Archipelago from Mauritius before it acceded to independence constituted a violation of customary international law (CIL). CHAGOS ARCHIPELAGO--ICJ OPINION In its Advisory Opinion, the ICJ made clear and unequivocal legal determinations that cannot be ignored. In that opinion, the court determined that the United Kingdom had unlawfully detached the Chagos archipelago from Mauritius when it incorporated the islands into a new colony, known as the British Indian Ocean Territory (BIOT . Agenda A/71/251 87 Request for an advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. The ICJ was to decide if UK's continued administration of the Chagos Archipelago after the 1968 decolonisation process of Mauritius was lawful. Kri stian Z. Kovač, Inte rnati onal Legal Aspe cts of the Chago s Archipelago C ase (str. Heightened Scrutiny of Colonial Consent according to the Chagos Advisory Opinion: Pandora's Box Reopened? The ICJ was to decide if UK's continued administration of the Chagos Archipelago after the 1968 decolonisation process of Mauritius was lawful. Abstract. - I no longer maintain this webpage. Yesterday the UN General Assembly voted, by 94 to 15 with 65 states abstaining, to issue a request for an advisory opinion from the International Court of Justice on the Chagos Islands. Readers will be familiar with the many legal disputes that have arisen from this leftover UK colonial . Advisory Opinion of 25 February 2019 . The advisory proceedings concerning the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 are over, but an opinion that answers the legal questions raised in the request could have consequences well beyond the Indian Ocean. The International Court of Justice (ICJ) produced the advisory opinion Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (Chagos advisory opinion) in 2019, which commented on the legality of Britain's continual administration of the Chagos Archipelago in the Indian Ocean. The Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 is an advisory opinion issued by the International Court of Justice (ICJ) on the Chagos Archipelago sovereignty dispute in response to a request from the United Nations General Assembly (UNGA). 18 Pages Posted: 7 Jul 2020. The Tribunal requires sufficient information and evidence to establish the necessary factual background for rendering a legal opinion (Chagos Advisory Opinion, paras.71 and 72). Footnote 3. In summary, the Court held that the separation of the Chagos archipelago from the British colony of Mauritius contravenes international norms, in particular the right to self-determination. Gibraltar - Chagos Ruling_____ 1. In its Advisory Opinion, the ICJ made clear and unequivocal legal determinations that cannot be ignored. separation of the chagos (advisory opinion) 98 7 Argument that there is no exact statement of the question upon which an opinion is required — Any lack of clarity in the questions cannot deprive the Court of its jurisdiction — Arguments examined by the Court when it analyses the questions put by the General Assembly. The ICJ's advisory opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965, prior to Mauritian independence, is a significant development in a long-running transnational legal process. In the current case, the advisory opinion has direct effect on the legal and political status of the Chagos Archipelago which, according to the Court, continues to be administered unlawfully by the UK as part of the BIOT. Has the UK abandoned the international rule of law? The Special Chamber dismissed the jurisdictional objections of the Maldives and proceeded on the basis that Mauritius is the relevant sovereign coastal state for the Chagos Archipelago, following the 2019 Advisory Opinion of the ICJ on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 notwithstanding the . But UK was opposed to ICJ's intervention, saying it would be . As Marko has noted in this post, last week Thursday, the UN General Assembly adopted a resolution requesting the International Court of Justice provide an advisory opinion on the legality of the separation by the United Kingdom of the Chagos Archipelago from the colony of Mauritius prior to the grant of independence to Mauritius by the UK in 1968. . First, the Court concluded that, "as a result of the Chagos Archipelago's unlawful detachment and its incorporation into a new colony, known as the BIOT, the process of decolonization of Mauritius was not lawfully completed when Mauritius acceded to independence in 1968." (para. The recent ICJ Advisory Opinion concerning the Chagos Islands has, understandably, received a great deal of attention. All three requests - Israeli Wall, Kosovo UDI, and the Chagos Archipelago - were not classic requests for an advisory opinion on abstract legal questions but concerned bilateral disputes between the Palestinians and Israel, Serbia and Kosovo, and Mauritius and the United Kingdom, respectively. Agenda information A/74/251 86 Request for an advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. - 11 June 2020: Two new papers available: The introduction to our new book with CUP (with Jamie Trinidad) and a chapter on the Chagos Advisory Opinion and human rights (with Irini Papanicolopulu). LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965 . The Advisory Opinion of the International Court of Justice [ICJ] on the Separation of the Chagos Archipelago from Mauritius in 1965, has been hailed as a major victory by the government of Mauritius and representatives of the Chagossians. With reference to previous international legal determinations on the issue (the Chagos arbitral award, the Chagos advisory opinion, and United Nations General Assembly Resolution 73/295), the Special Chamber found that (1) any interests the U.K. may have with respect to the Chagos Archipelago are not "sufficient legal interests" and (2 . Briefly, the Court found that the separation of the Chagos archipelago from the British colony of Mauritius was contrary to the right to self-determination and that accordingly the decolonization of Mauritius was not completed in conformity with international law. The Advisory Opinion of the International Court of Justice [ICJ] on the Separation of the Chagos Archipelago from Mauritius in 1965 has been hailed as a major victory by the government of Mauritius and by representatives of the Chagossians who were forcibly removed from the islands to make way for the establishment of an American military facility on the island of Diego Garcia at the . The Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 is an advisory opinion issued by the International Court of Justice (ICJ) on the Chagos Archipelago sovereignty dispute in response to a request from the United Nations General Assembly (UNGA). It will aid the judges in deciding whether they will make an advisory opinion on the sovereignty of the Chagos Islands. Summary of the Advisory Opinion On 25 February 2019, the International Court of Justice gave its Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. London July 20 2018 (126) Chagos Islands Protest Trafalgar Square Credit: David Holt via Flickr. A unanimous verdict sows division. The ICJ Chagos Advisory Opinion The opinion stated that the decolonization of Mauritius was not lawfully completed when that country acceded to independence in 1968, following the separation of the Chagos Archipelago and that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible. . 174 . On 25 February 2019, the ICJ rendered its long-awaited advisory opinion on the Chagos Archipelago or, to be more precise, on the question whether the decolonization of Mauritius, of which the Chagos Archipelago had once been a part, had been completed in conformity with international law: 'Was the process of decolonization of Mauritius . In 2017, the UN General Assembly adopted a resolution, on Mauritius' petition, calling on the ICJ to deliver an advisory opinion. The General Assembly adopted a resolution today welcoming a 25 February 2019 International Court of Justice advisory opinion on the legal consequences of separating the Chagos Archipelago from . Geographic location of Mauritius in the Indian Ocean — Chagos Archipelago, including the The advisory opinion is unlikely to impact the U.S. military base: even . On 22 June 2017 the UN General Assembly adopted at the 88th meeting of its Seventy-five session, resolution 71/292, requested the Court to render an advisory opinion according to the Statute of the Court consequences arising from the separation of the Chagos Archipelago from Mauritius in 1965. 232. The ICJ was to decide if UK's continued administration of the Chagos Archipelago after the 1968 decolonisation process of Mauritius was lawful. Earlier this afternoon the ICJ delivered its Chagos advisory opinion. In an advisory opinion issued on February 25, the International Court of Justice concluded that the United Kingdom violated core principles of international law by separating the Chagos Archipelago from Mauritius in the 1960s and continuing to administer the islands as a British territory. Sienho Yee, Notes on the International Court of Justice (Part 7)—The Upcoming Separation of the Chagos Archipelago Advisory Opinion: Between the Court's Participation in the UN's Work on Decolonization and the Consent Principle in International Dispute Settlement, Chinese Journal of International Law, Volume 16, Issue 4, December 2017 .

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