The Chagos Request and the Role of the Consent Principle in the ICJ’s Advisory Jurisdiction, Or: What to Do When Opportunity Knocks
Questions of International law (QIL), Zoom-out 55 (2018) 177-189
9 Pages Posted: 6 Feb 2019
Date Written: December 28, 2018
The proceedings in front of the International Court of Justice concerning the status of the Chagos Archipelago mark the latest culmination of a decades-long dispute between the United Kingdom and Mauritius. The first and one of the key questions the Court will be faced with is whether it has the jurisdiction to give the requested opinion or whether there are compelling reasons why the Court should use its discretionary power to decline to exercise jurisdiction. The paper reviews the relevant law and the leading cases on this matter while focusing on the importance of state consent in advisory jurisdiction and the famous Eastern Carelia decision of the Court’s predecessor.
Keywords: International Law, International Court of Justice, Chagos, Advisory Opinion, Jurisdiction, Discretion, Propriety, State Consent, Art. 65 UNCh, Eastern Carelia, PCIJ, Self-Determination, Decolonization, Mauritius, United Kingdom, General Assembly, UN
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