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.
Les mer
Produktdetaljer
ISBN
9781782254744
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter