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

Abstract

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

Suggested Citation

Burri, Thomas, Two Points for the International Court of Justice in 'Chagos': Take the Case, All of It – It Is a Human Rights Case (January 2, 2019). Questions of International Law QIL, Zoom Out 55 (2018) 93-105. Available at SSRN: https://ssrn.com/abstract=3309228 or http://dx.doi.org/10.2139/ssrn.3309228

Thomas Burri (Contact Author)

University of St. Gallen ( email )

Varnbuelstr. 14
Saint Gallen, St. Gallen CH-9000
Switzerland

HOME PAGE: http://www.thomas-burri.com

Register to save articles to
your library

Register

Paper statistics

Downloads
106
Abstract Views
435
rank
258,834
PlumX Metrics