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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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The Chagos Archipelago Cases: Nature Conservation Between Human Rights and Power Politics

The Chagos Archipelago Cases: Nature Conservation Between Human Rights and Power Politics

Chapter:
(p.125) The Chagos Archipelago Cases: Nature Conservation Between Human Rights and Power Politics
Source:
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I
Author(s):

Peter H. Sand

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199388660.003.0007

This chapter summarizes past and current case law concerning one of the last-born colonies of our times, the British Indian Ocean Territory (BIOT). Created—and depopulated—for the sole purpose of accommodating a strategic US military base, the territory has since generated extensive litigation in the national courts of the United Kingdom and the United States, as well as proceedings in the European Court of Human Rights, an ongoing arbitration under Annex VII of the Convention on the Law of the Sea (Mauritius v. UK) and a potential dispute over continental shelf claims (the United Kingdom, Mauritius and the Maldives). The principal actors, besides the governments involved, have been the Chagos islanders, whose exile from their home archipelago has now lasted more than forty years. The material analysed and referenced in this note covers a range of legal and historical sources documenting the underlying disputes.

Keywords:   decolonization, denuclearization, depopulation, fortress conservation, human rights, law of the sea, marine reserve, military base, trusteeship, Wikileaks

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