Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965

9 Pages Posted: 12 Nov 2019

See all articles by Diane Marie Amann

Diane Marie Amann

University of Georgia School of Law

Date Written: November 12, 2019

Abstract

Decolonization and its quite valid discontents lay at the center of the recent International Court of Justice advisory opinion regarding the territory and populations of the Chagos Archipelago, located in the Indian Ocean. Answering questions posed by the UN General Assembly, the concluded that because these islands were detached from Mauritius as a condition of independence, the decolonization of Mauritius had not been completed in accordance with international law. The Court further ruled unlawful the United Kingdom's continued administration of the Chagos Archipelago and called upon all UN member states to aid completion of the decolonization process. As detailed in this essay, the advisory opinion contained significant pronouncements on decolonization, on the right of all peoples to self-determination, and on the formation of customary rules respecting both.

Keywords: International Court of Justice, Decolonization, Peoples’ Right of Self-Determination, Advisory Opinions, Customary International Law

JEL Classification: K19, K33

Suggested Citation

Amann, Diane Marie, Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (November 12, 2019). 113 Am. J. Int'l L. 784, 2019; University of Georgia School of Law Legal Studies Research Paper No. 2019-32; Dean Rusk International Center Research Paper No. 2019-10. Available at SSRN: https://ssrn.com/abstract=3485796

Diane Marie Amann (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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