The Chagos Islanders and International Law

The Chagos Islanders and International Law PDF Author: Stephen Allen
Publisher: Bloomsbury Publishing
ISBN: 1782254757
Category : Law
Languages : en
Pages : 545

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Book Description
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

The Chagos Islanders and International Law PDF Author: Stephen Allen
Publisher: Bloomsbury Publishing
ISBN: 1782254757
Category : Law
Languages : en
Pages : 545

Get Book Here

Book Description
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.

Eviction from the Chagos Islands

Eviction from the Chagos Islands PDF Author: Sandra Evers
Publisher: BRILL
ISBN: 9004202609
Category : History
Languages : en
Pages : 312

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Book Description
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.

The Chagos Islanders and International Law

The Chagos Islanders and International Law PDF Author: Stephen Allen
Publisher: Bloomsbury Publishing
ISBN: 1782254749
Category : Law
Languages : en
Pages : 338

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Book Description
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.

Challenges and Prospects for the Chagos Archipelago

Challenges and Prospects for the Chagos Archipelago PDF Author: Laura Jeffery
Publisher: Taylor & Francis
ISBN: 1040227619
Category : Political Science
Languages : en
Pages : 266

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Book Description
Challenges and Prospects for the Chagos Archipelago considers the origins, challenges and future of Chagos, bringing together leading experts and academics specialising in differing aspects of the Chagos dispute. In 1965, as part of negotiations leading to Mauritian independence in 1968, the UK government excised the Chagos Archipelago from the colony of Mauritius to form part of a new overseas territory, the British Indian Ocean Territory (BIOT). The UK then set about removing the population of the Chagos Islands in order to allow the United States to construct a military base. As a consequence of the UK’s acquisition of the Chagos Islands and the expulsion of the Chagossian population, there has been wide ranging litigation brought by Mauritius and the Chagossians. This has reached the International Court of Justice, the United Nations General Assembly, the European Court of Human Rights and the UK Supreme Court. This book offers a wide-ranging debate between experts and practitioners, including those of Chagossian and Mauritian heritage, touching upon key developments and offering an inclusive approach that transcends traditional disciplinary silos. Issues such as international and constitutional law, human rights, colonialism and decolonisation, using creative writing to express the experience of banishment, international relations, environmentalism, and globalisation, will be explored as part of a dialogue that sheds new light on the Chagos dispute. Edited by experts on Chagos, the contributors are drawn from across the globe, and all have a distinctive take on what has happened, what it means for the world and the region, and how Chagos will both shape and be shaped by the future. This book will be of great interest to students, academics and researchers from across the humanities and social sciences, including political science, international relations, law, sociology, socio-legal studies, human rights, social anthropology, indigenous rights, history, colonialism, postcolonialism, and cultural studies, as well as practitioners, policymakers and general readers who are interested in Chagos.

Cases and Materials on Constitutional and Administrative Law

Cases and Materials on Constitutional and Administrative Law PDF Author: Brian Thompson
Publisher: Oxford University Press
ISBN: 0198867883
Category : Administrative law
Languages : en
Pages : 737

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Book Description
Cases and Materials on Constitutional and Administrative Law provides an essential collection of key primary and secondary materials with incisive commentary from the authors.

Mauritius

Mauritius PDF Author: Alexandra Richards
Publisher: Bradt Travel Guides
ISBN: 1841629243
Category : Travel
Languages : en
Pages : 404

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Book Description
Besides the renowned sun, sea and sand, the Mascarene Islands offer outdoor opportunities aplenty, such as cycling, mountain hiking and watersports, as well as beautiful wildlife and national parks. The guide offers information on what to see and do region-by-region

Still dispossessed – the battle of the Chagos Islanders to return to their homeland

Still dispossessed – the battle of the Chagos Islanders to return to their homeland PDF Author: Awaz Raoof
Publisher: Minority Rights Group
ISBN: 1907919457
Category : Social Science
Languages : en
Pages : 8

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Book Description
In 2010, the UK government created the world’s largest marine reserve around the Chagos Islands, an archipelago in the Indian Ocean. The Islands’ original inhabitants were evicted 50 years ago to make way for a US air base on the island of Diego Garcia. This briefing says that the creation of the Marine Protected Area, and the subsequent banning of commercial fishing in its waters, effectively bars Islanders from returning to their homes. Under international law, the Chagossians have a right to return to their homeland, unless such return is not feasible, in which case they should be offered appropriate compensation.

Fifty Years of the British Indian Ocean Territory

Fifty Years of the British Indian Ocean Territory PDF Author: Stephen Allen
Publisher: Springer
ISBN: 3319785419
Category : Law
Languages : en
Pages : 385

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Book Description
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.

The Mauritian Paradox

The Mauritian Paradox PDF Author: Ramtohul, Ramola
Publisher: University of Mauritius Press
ISBN: 9990373485
Category : Social Science
Languages : en
Pages : 293

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Book Description
Speaking of Mauritius as an economic miracle has become a cliché, and with good reason: Its development since Independence in 1968 can easily be narrated as a rags-to-riches story. In addition, it is a stable democracy capable of containing the conflict potential inherent in its complex ethnic and religious demography. This book brings together some of the finest scholarship, domestic as well as foreign, on contemporary Mauritius, offering perspectives from constitutional law, cultural studies, sociology, archaeology, economics, social anthropology and more. While celebrating the indisputable, and impressive, achievements of the Mauritian nation on its fiftieth birthday, this book is far from toothless. Looking back inevitably implies looking ahead, and in order to do so, critical self-scrutiny is essential, to be able to learn from the mistakes of the past. The contributors raise fundamental questions concerning a broad range of issues, from the dilemmas of multiculturalism to the marginal role of women in public life, from the question of constitutional reform and the continued problem of corruption to the slow destruction of Mauritius’ joy and pride, namely the beauty and purity of its natural scenery. Taking stock of the first fifty years, this book also looks ahead to the next fifty years, giving some cues as to where Mauritius can and should aim in the next decades.

Marine Managed Areas and Fisheries

Marine Managed Areas and Fisheries PDF Author:
Publisher: Academic Press
ISBN: 0128003324
Category : Science
Languages : en
Pages : 447

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Book Description
Advances in Marine Biology has been providing in-depth and up-to-date reviews on all aspects of marine biology since 1963--over 40 years of outstanding coverage! The series is well known for its excellent reviews and editing. Now edited by Michael Lesser (University of New Hampshire, USA) with an internationally renowned Editorial Board, the serial publishes in-depth and up-to-date content on many topics that will appeal to postgraduates and researchers in marine biology, fisheries science, ecology, zoology, and biological oceanography. Volumes cover all areas of marine science, both applied and basic, a wide range of topical areas from all areas of marine ecology, oceanography, fisheries management and molecular biology and the full range of geographic areas from polar seas to tropical coral reefs. This volume, with an introduction by Ray Hilborn, will present the latest views on the use of MPAs or Marine Managed Areas for fisheries management. It will contain a wide range of case studies including the Chagos archipelago, South Georgia, the Caribbean, the North Sea, Florida, Hawaii, Great Barrier Reef, California, Mediterraneanand the Phoenix Islands Protected Area. It is the intention of the editors that the volume presents a series of evidence based rather than advocacy driven contemporary reviews. AMB volumes solicit and publish review articles on the latest advances in marine biology Many of the authors of these review articles are the leading figures in their field of study and the material is widely used by managers, students and academic professionals in the marine sciences