About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

9 QMLJ 25 (2018)
The Chagos Request: Does It Herald a Rejuvenation of the International Court of Justice's Advisory Function?

handle is hein.journals/qmlj9 and id is 27 raw text is: 




The  Chagos request: Does it Herald a
Rejuvenation of the International Court of
Justice's  Advisory   Function?
Monique   Law


                          ABSTRACT

The International Court of Justice has been open for business for over
seventy years and has given twenty-six advisory opinions. There have
been peaks and troughs of activity and at times the issues that the
Court has addressed have seemed to be ill-matched to its position as
the principal judicial organ of the United Nations. This factor, taken
together with periods of low activity, could foster the perception that
the advisory jurisdiction is increasingly irrelevant, particularly in the
context of a proliferation of other international and also regional
courts.
In June 2017, the General Assembly  asked for the Court's opinion
regarding the legal consequences of the separation of the Chagos
Archipelago  from  Mauritius  in 1965.  This  request offers the
stimulating prospect of the Court  turning its attention back to
substantive matters  of real weight  and  importance: inter alia
sovereignty, self-determination, territorial integrity and human
rights.
Now  is an opportune moment to take stock. This article will assess the
scope of the Court's advisory opinion process, how it has been used to
date and whether it can be better used in the future. It will conclude
that change in itself is not needed and that the Court's response to the
Chagos  request,  with its  focus on  fundamental   questions of
international law, has the potential to revitalise the Court's advisory
function and  help to reinforce its standing in the international
community.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most