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The Chagos Islanders and International Law

The Chagos Islanders and International Law

Authors
Publisher Hart Publishing
Year 01/02/2017
Edition First
Pages 336
Version paperback
Readership level Professional and scholarly
Language English
ISBN 9781509912988
Categories Public international law
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129.00 PLN / €28.87 / £25.79
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Book description

In 1965, the UK excised the Chagos Islands from the colony of Mauritius to create the British Indian Ocean Territory (BIOT) in connection with the founding of a US military facility on the island of Diego Garcia. Consequently, the inhabitants of the Chagos Islands were secretly exiled to Mauritius, where they became chronically impoverished. This book considers the resonance of international law for the Chagos Islanders. It advances the argument that BIOT constitutes a 'Non-Self-Governing Territory' pursuant to the provisions of Chapter XI of the UN Charter and for the wider purposes of international law. In addition, the book explores the extent to which the right of self-determination, indigenous land rights and a range of obligations contained in applicable human rights treaties could support the Chagossian right to return to BIOT. However, the rights of the Chagos Islanders are premised on the assumption that the UK possesses a valid sovereignty claim over BIOT. The evidence suggests that this claim is questionable and it is disputed by Mauritius. Consequently, the Mauritian claim threatens to compromise the entitlements of the Chagos Islanders in respect of BIOT as a matter of international law. This book illustrates the ongoing problems arising from international law's endorsement of the territorial integrity of colonial units for the purpose of decolonisation at the expense of the countervailing claims of colonial self-determination by non-European peoples that inhabited the same colonial unit. The book uses the competing claims to the Chagos Islands to demonstrate the need for a more nuanced approach to the resolution of sovereignty disputes resulting from the legacy of European colonialism. [The book offers a] comprehensive and well-researched presentation of the case history under UK constitutional law and the European Convention on Human Rights...[and contains an] elaborate discussion of UN General Assembly Resolutions...and related jurisprudence of the International Court of Justice... -- Peter H Sand * European Journal of International Law * Stephen Allen's The Chagos Islanders and International Law offers the most detailed treatment to date of the protracted legal struggle of the Chagossians ... Allen is uniquely placed to write on this controversy, having acted as a consultant to the Chagossian (Bancoult) legal team when the Chagos case was first addressed by the English courts. -- Victor Kattan, Faculty of Law, National University of Singapore * Indian Journal of International Law * Stephen Allen's

The Chagos Islanders and International Law

Table of contents

Introduction
I. Background
II. The Chagos Islanders and International Law
1. The Chagossian Litigation in the English Courts
I. Introduction
II. Background
III. UK Public Law
IV. Bancoult 1
V. The Chagos Islanders Case
VI. Withdrawing the Public Law Right of Abode
VII. Bancoult 2: The House of Lords' Judgment 18A. Constitutional Review and Fundamental Rights
B. Rationality
C. Legitimate Expectations
VIII. International Law Perspectives
IX. International Law and National Law 31A. Theoretical Approaches: Dualism and Monism
B. International Law and English Law
C. The Fitzmaurice Compromise
X. Conclusion
2. The Chagos Islanders and the European Convention on Human Rights: Extra-territoriality and the Concept of State Jurisdiction
I. Introduction
II. State Jurisdiction and Article 1 of the European Convention
III. Al-Skeini and the Relationship between Article 1 and Article 56 ECHR
IV. The Chagos Islanders v UK Case
V. The Governance of British Overseas Territories
VI. The Personal and Spatial Modes of State Jurisdiction
VII. Dividing and Tailoring Convention Obligations in the Extra-territorial Context
VIII. The Normative Foundations of the Convention's Extra-territorial Application
IX. Constituent and Legislative Authority in British Overseas Territories
X. Subordinate Legislative Authority
XI. The Object and Purpose of Article 63/56 of the European Convention
XII. Conclusion
3. Detaching the Chagos Islands from Mauritius: The 1965 Mauritian Constitutional Conference and the Making of the Lancaster House Agreement
I. Introduction
II. Colonial Acquisition in the Mauritian Context
III. British Colonial Withdrawal and the Prospect of a US Military Facility on Diego Garcia
IV. The 1965 Mauritian Constitutional Conference and the Lancaster House Agreement
V. The Lancaster House Agreement
VI. Assessing the Relationship between the Detachment of the Chagos Islands and Mauritian Independence
VII. Conclusion
4. The 1965 Lancaster House Agreement and International Law
I. Introduction
II. The Doctrine and the Development of the Treaty Law
III. The Relationship between Coercion and Consent in the Conclusion of Treaties
IV. International Legal Personality, Treaty-Making Capacity and the 1965 Lancaster House Agreement 116A. International Legal Personality and Treaty-Making Authority in the Colonial Context
B. International Legal Personality and Treaty-Making Authority in the Mauritian Context
V. Coercion in the Conclusion of Treaties and Colonial Self-determination
VI. Conclusion
5. D

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