Juridical Analysis of International Court of Justice: Advisory Opinion Concerning Chagos Archipelago
Abstract
In February 2019, the International Court of Justice issued its advisory
opinion concerning Chagos islands. The Court considers that the conduct of UK in
separation of Chagos islands from Mauritius’s territory was unlawful under
international law. The Court then urged the UK to withdraw its continued
administration over the territory of Chagos islands. However, the UK refuse to
follow the ICJ’s advisory opinion by arguing that it has no binding force.
Accordingly, the problems examined in this thesis include: First, Why the ICJ
decides that the UK’s administrative power in Chagos Islands is unlawful? Second,
what could be done by Mauritius if the UK did not perform the ICJ’s advisory
opinion that has no binding force and insist to continue its administering power over
Chagos Islands? us. The research methodology used in this paper is normative legal
research. The results of this study concluded that: First, the decolonisation process
of Mauritus between 1965-1968 conducted by the UK was incompatible with the
law on self-determination. Second, the Mauritius may bring the dispute to the UN
Security Council based on Article 33 and 37 of the Charter.
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