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

See all articles by Julia Wagner

Julia Wagner

University of Trier, Faculty of Law

Date Written: December 28, 2018

Abstract

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

Suggested Citation

Wagner, Julia, The Chagos Request and the Role of the Consent Principle in the ICJ’s Advisory Jurisdiction, Or: What to Do When Opportunity Knocks (December 28, 2018). Questions of International law (QIL), Zoom-out 55 (2018) 177-189. Available at SSRN: https://ssrn.com/abstract=3326122 or http://dx.doi.org/10.2139/ssrn.3326122

Julia Wagner (Contact Author)

University of Trier, Faculty of Law ( email )

54286 Trier
Germany

HOME PAGE: http://vonungern.uni-trier.de

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