Two Points for the International Court of Justice in 'Chagos': Take the Case, All of It – It Is a Human Rights Case
Questions of International Law QIL, Zoom Out 55 (2018) 93-105
13 Pages Posted: 12 Jan 2019 Last revised: 8 Feb 2019
Date Written: January 2, 2019
In anticipation of the International Court of Justice's advisory opinion on the Chagos Archipelago this article highlights two points the Court should take into account. First, the Court should not reject the United Nations General Assembly's request to give an opinion, but rather take on the case fully. Second, the request for an advisory opinion is the right occasion for the Court to address the violations of the human rights of the Chagossians.
Keywords: International Law, International Court of Justice, Self-Determination, Human Rights, Decolonization, Mauritius, United Kingdom, Indian Ocean, Discretion, Propriety, Jurisdiction, United Nations, General Assembly, UN Civil Rights Covenant, Universal Declaration of Human Rights, Territoriality, Scope
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