the chagos islanders and international law

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The Chagos Islanders And International Law

Author : Stephen Allen
ISBN : 9781782254751
Genre : Law
File Size : 69. 84 MB
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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 Chagos Islanders And International Law

Author : Stephen Allen
ISBN : 1509912983
Genre :
File Size : 72. 82 MB
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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 Chagos Islanders And International Law

Author : Stephen Allen
ISBN : 1849462658
Genre : Law
File Size : 77. 36 MB
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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.

British Overseas Territories Law

Author : Ian Hendry
ISBN : 9781509918720
Genre : Law
File Size : 63. 48 MB
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This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands. Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.

Fifty Years Of The British Indian Ocean Territory

Author : Stephen Allen
ISBN : 9783319785417
Genre : Law
File Size : 89. 46 MB
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This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.

Island Of Shame

Author : David Vine
ISBN : 1400838509
Genre : Social Science
File Size : 44. 49 MB
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The American military base on the island of Diego Garcia is one of the most strategically important and secretive U.S. military installations outside the United States. Located near the remote center of the Indian Ocean and accessible only by military transport, the little-known base has been instrumental in American military operations from the Cold War to the war on terror and may house a top-secret CIA prison where terror suspects are interrogated and tortured. But Diego Garcia harbors another dirty secret, one that has been kept from most of the world--until now. Island of Shame is the first major book to reveal the shocking truth of how the United States conspired with Britain to forcibly expel Diego Garcia's indigenous people--the Chagossians--and deport them to slums in Mauritius and the Seychelles, where most live in dire poverty to this day. Drawing on interviews with Washington insiders, military strategists, and exiled islanders, as well as hundreds of declassified documents, David Vine exposes the secret history of Diego Garcia. He chronicles the Chagossians' dramatic, unfolding story as they struggle to survive in exile and fight to return to their homeland. Tracing U.S. foreign policy from the Cold War to the war on terror, Vine shows how the United States has forged a new and pervasive kind of empire that is quietly dominating the planet with hundreds of overseas military bases. Island of Shame is an unforgettable exposé of the human costs of empire and a must-read for anyone concerned about U.S. foreign policy and its consequences. The author will donate all royalties from the sale of this book to the Chagossians. Some images inside the book are unavailable due to digital copyright restrictions.

Chagos Islanders In Mauritius And The Uk

Author : Laura Jeffery
ISBN : 9781847794130
Genre : Social Science
File Size : 87. 92 MB
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The Chagos islanders were forcibly uprooted from the Chagos Archipelago in the Indian Ocean between 1965 and 1973. This is the first book to compare the experiences of displaced Chagos islanders in Mauritius with the experiences of those Chagossians who have moved to the UK since 2002. It thus provides a unique ethnographic comparative study of forced displacement and onward migration within the living memory of one community. Based on in-depth ethnographic fieldwork in Mauritius and Crawley (West Sussex), the six chapters explore Chagossians' challenging lives in Mauritius, the mobilisation of the community, reformulations of the homeland, the politics of culture in exile, onward migration to Crawley, and attempts to make a home in successive locations. Jeffery illuminates how displaced people romanticise their homeland through an exploration of changing representations of the Chagos Archipelago in song lyrics. Offering further ethnographic insights into the politics of culture, she shows how Chagossians in exile engage with contrasting conceptions of culture ranging from expectations of continuity and authenticity to enactments of change, loss and revival. The book will appeal particularly to social scientists specialising in the fields of migration studies, the anthropology of displacement, political and legal anthropology, African studies, Indian Ocean studies, and the anthropology of Britain, as well as to readers interested in the Chagossian case study.

Reflections On The Un Declaration On The Rights Of Indigenous Peoples

Author : Stephen Allen
ISBN : 9781847316233
Genre : Law
File Size : 32. 4 MB
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The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Eviction From The Chagos Islands

Author : Sandra Evers
ISBN : 9789004202603
Genre : History
File Size : 55. 52 MB
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This book represents the first joint effort to document the historical background of the eviction (late 1960s, early 1970s) of the Chagosssians from the Chagos archipelago when the main island became an US-military base. It documents their eviction, resettlement, livelihoods, legal struggles and future aspirations.

Legal Consequences Of Peremptory Norms In International Law

Author : Daniel Costelloe
ISBN : 9781107145030
Genre : Law
File Size : 56. 88 MB
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When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

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