Bibliograph

The International Court of Justice and decolonisation, new directions from the Chagos Advisory Opinion, edited by Thomas Burri, University of St Gallen, Jamie Trinidad, University of Cambridge ; assistant editor Dominik K. Hofstetter

Type

Label

The International Court of Justice and decolonisation, new directions from the Chagos Advisory Opinion, edited by Thomas Burri, University of St Gallen, Jamie Trinidad, University of Cambridge ; assistant editor Dominik K. Hofstetter

Language

eng

Index

index present

Literary Form

non fiction

Main title

The International Court of Justice and decolonisation

Medium

electronic resource

Nature of contents

dictionaries

Oclc number

1198087580

Responsibility statement

edited by Thomas Burri, University of St Gallen, Jamie Trinidad, University of Cambridge ; assistant editor Dominik K. Hofstetter

Series statement

Cambridge Social Sciences eBooks

Sub title

new directions from the Chagos Advisory Opinion

Summary

The 2019 Chagos Advisory Opinion of the International Court of Justice is a decision of profound legal and political significance. Presented with a rare opportunity to pronounce on the right to self-determination and the rules governing decolonization, the ICJ responded with remarkable directness. The contributions to this book examine the Court's reasoning, the importance of the decision for the international system, and its consequences for the situation in the Chagos Archipelago in particular. Apart from bringing the Chagossians closer to the prospect of returning to the islands from which they were covertly expelled half a century ago, the decision and its political context may be understood as part of a broader shift in North/South relations, in which formerly dominant powers like the UK must come to terms with their waning influence on the world stage, and in which voices from former colonies are increasingly shaping the institutional and normative landscape.--, Provided by publisher

Table Of Contents

Introduction : decolonisation and the international court of justice : new directions from the Chagos Advisory Opinion / Thomas Burri and Jamie Trinidad -- Chagos, custom, and the interpretation of UN General Assembly resolutions / James Summers -- Reflections on the treatment of General Assembly resolutions in the Chagos Advisory Opinion / Stephen Allen -- The Chagos Advisory Opinion and the principle of consent to adjudication / Zeno Crespi Reghizzi -- Two takes on Chagos - reconciling the advisory opinion with the res judicata effect of the UNCLOS arbitral award / Johannes Hendrik Fahner -- State responsibility in advisory proceedings : thoughts on judicial propriety and multilateralism in the Chagos opinion / Fernando Lusa Bordin -- Peremptory norms in the advisory opinion of the international court of justice on the decolonization of Mauritius and the Chagos Archipelago / Antoni Pigrau -- Reflections on the United Kingdom's assertion of sovereignty over the Chagos Archipelago in the wake of the Chagos Advisory Opinion / Chris Monaghan -- The Chagos marine protected area / Sue Farran -- Human rights and the Chagos Advisory Opinion / Irini Papanicolopulu and Thomas Burri -- Heightened scrutiny of colonial consent according to the Chagos Advisory Opinion : Pandora's box reopened? / Mohor Fajdiga, Ula Aleksandra Kos, Gregor Oprčkal, Anže Mediževec, Pia Novak, Ana Samobor, Miha Plahutnik, Anže Kimovec, Urša Demšar, Vid Drole, Hana Šerbec -- Chagos and the perplexities of the law of treaties / Peter H Sand -- Prospect of the Chagos Advisory Opinion and the subsequent UN General Assembly resolution helping resolve the future of the Chagos Archipelago and of its former inhabitants : a political perspective / David Snoxell -- Reflections on the human tragedy underlying the Chagos case and the way forward / Sebastian Schnitzenbaumer

Contributor

Subject