Peoples’ Right to Self-Determination

Abstract

Abstract The Chagos Archipelago is a small group of islands and atolls in the Indian Ocean which traditionally has belonged to Mauritius. In 1965, when Mauritius was still a colony of the UK, the Chagos Archipelago was detached from Mauritius and the UK allowed the US to establish a military base on this territory. These occurrences have been highly disputed ever since. In February 2019, the International Court of Justice (ICJ), upon request by the UN General Assembly, has rendered its Advisory Opinion on a number of legal issues concerning the case. This contribution aims at presenting and discussing the facts of the case and its main legal aspects, encompassing material questions on the peoples’ right to self-determination, on territorial integrity and on international responsibility, but also procedural questions relating to the scope of the jurisdiction of the ICJ. In this context, not only the Advisory Opinion of the Court shall be analysed, but also the Separate Opinions and Declarations and in particular the Dissenting Opinion rendered by Judge Donoghue will be taken into account.