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.