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.
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