Abstract
Chagos Archipelago is a territory that was detached from Mauritius in 1965 on the basis of the Lancaster House Agreement concluded between the governments of the United Kingdom and Mauritius, a colony of the United Kingdom in that period. That same year, the United Kingdom founded the British Indian Ocean Territory, which includes, inter alia, the territory of this archipelago. Mauritius gained its independence on 12th March 1968, while the Chagos Archipelago remained under the colonial rule of the United Kingdom. Mauritius continues to regard the Chagos Archipelago as its own territory, and is continually trying to use available international legal mechanisms to challenge the 1965 detachment of the Chagos Archipelago. The author investigates the international legal aspects of the longstanding dispute between Mauritius and the United Kingdom, such as the issue of the depopulation of the Chagos Archipelago, the unilateral proclamation of a Marine Protected Area by the United Kingdom in 2010, regarding which Mauritius initiated an arbitration award under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), as well as the issues of decolonization and the right of the people to self-determination, regarding which the United Nations General Assembly requested by Resolution 71 / 292 of 22 June 2017 an Advisory Opinion of the International Court of Justice on the subject matter. The Advisory Opinion of the International Court of Justice was made on 25th February 2019.
Highlights
On 25th February 2019, the International Court of Justice adopted the Advisory Opinion on the Legal consequences of the separation of the Kristian Z
The proceedings before the ICJ were initiated on the basis of United Nations General Assembly Resolution 71/292 .3. This ICJ procedure was preceded by a long-standing dispute between Mauritius and the UK, which has more international legal aspects, such as the issue of the depopulation of the Chagos Archipelago, the issue of the unilateral proclamation of a Marine Protected Area by the UK 2010, regarding which Mauritius initiated an arbitration award under the 1982 United Nations Convention on the Law of the Sea (UNCLOS),[4] as well as the issues of decolonization and the right of the people to self-determination, regarding which the UN General Assembly requested by Resolution 71 / 292 of 22 June 2017 an Advisory Opinion of the International Court of Justice on the subject matter
On 22nd June 2017, the UN General Assembly adopted the Resolution 71/29244, in which it requests an advisory opinion of the ICJ on the following questions: 1) Was the process of decolonization of Mauritius completed in compliance with the international law, when Mauritius was granted independence in 1968, following the separation of the Chagos Archipelago from Mauritius; 2) What are the consequences under international law arising from the continued administration by the UK of the Chagos Archipelago, including with respect to the inability of Mauritius to implement a program for the resettlement on the Chagos Archipelago of its nationals, in particular those of Chagossian origin.[45]
Summary
On 25th February 2019, the International Court of Justice (hereinafter – ICJ) adopted the Advisory Opinion on the Legal consequences of the separation of the Kristian Z. Chagos Archipelago from Mauritius in 1965.1 In this Advisory Opinion, the ICJ expressed the view that the United Kingdom of Great Britain and Northern Ireland (hereinafter – the UK) is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.[2] The proceedings before the ICJ were initiated on the basis of United Nations (hereinafter – UN) General Assembly Resolution 71/292 .3. During 1964., the United States of America (hereinafter – USA) expressed an interest in establishing military facilities on the island of Diego Garcia., and discussions commenced between the USA and the UK regarding this subject.[10] On 23th September 1965, the representatives of the Mauritius colony concluded the Lancaster House Agreement with the UK Government, which defined the detachment of the Chagos Archipelago from Mauritius, and in December that year, the UK founded the British Indian Ocean Territory (hereinafter – BIOT) which consists from the Chagos Archipelago and three island’s detached from Seychelles. With the international law, as well as about the consequences under international law arising from the continued administration by the UK of the Chagos Archipelago.[16]
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