Why the ICJ's Chagos Archipelago advisory opinion matters for global justice—and for 'Global Britain'. (2nd January 2019)

• Record Type: Journal Article
• Authors: Minas, Stephen
• Is Part Of: Transnational legal theory. Volume 10:Number 1(2019)
• Page Start: 123
• Page End: 136
• Publication Date: 2019-01-02
• Subjects: Chagos Archipelago -- decolonisation -- international Court of Justice -- UN General Assembly -- advisory jurisdiction; International law -- Periodicals; Comparative law -- Periodicals; Conflict of laws -- Periodicals; Jurisprudence -- Periodicals; 341
• DOI: 10.1080/20414005.2019.1612159
• Languages: English
• ISSNs: 2041-4013

Abstract

ABSTRACT: The ICJ's advisory opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965, prior to Mauritian independence, is a significant development in a long-running transnational legal process. The UK's detachment of the Chagos Archipelago from Mauritius has resulted in multiple lawsuits brought by Mauritius or by the displaced Chagossians through domestic and international courts and tribunals. The ICJ has now clarified the dispute's international legal context, by concluding that the Chagos Archipelago's detachment was unlawful—meaning the decolonisation of Mauritius remains incomplete. This paper situates the advisory opinion within the context of the transnational legal process of the Chagos dispute. The paper analyses the significance of the ICJ's focus on General Assembly resolutions in reaching its conclusions, the potential of increasing multipolarity in international relations to strengthen decolonisation norms, and the relationship between the UK's decolonisation obligations, Brexit and notions of 'Global Britain'.