A critical appraisal of Chagos Advisory Opinion rendered by the International Court of Justice
Date
2021-03
Authors
Nyangi, Yvonne Wambui
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
The concepts of equal sovereignty and territorial integrity have formed the bedrock of delegitimizing imperial rule. Despite some success of the decolonization movement, colonial rule endures in territories such as the Chagos Islands. The Islands were detached from the colony of Mauritius following an unconsented agreement between the United Kingdom and Mauritius. Later on, the UK engineered the transfer of Diego Garcia – the largest island on the Chagos Archipelago – to the US for the establishment of a military base. In February 2019, the ICJ issued an Advisory Opinion that rendered the continued colonial administration of the
Islands by the UK unlawful.
Description
Decolonization efforts derive from the principle of ‘equal rights and self-determination of people.1 Without a doubt, the development of the peoples’ right to self-determination has a special place in the corpus of international law.2 From its inclusion in the United Nations Charter, the concept of self-determination has evolved from a legal principle to a right of peoples
that is not only invoked in the decolonization context but also post-colonially.