La aplicación del derecho a la autodeterminación en las últimas coloniasla Opinión Consultiva de la Corte Internacional de Justicia en el caso del Archipiélago de Chagos

Abstract

This thesis deals with the analysis of the right to self-determination of peoples, based on the Advisory Opinion of the International Court of Justice, issued in 2019, on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. To address this object of study, the dissertation examines the historical, political and legal background to the dispute over the Chagos archipelago, and analyses, from the perspective of International law, the legal consequences of the United Kingdom's continued administration of the Chagos archipelago. In addition, the legal situation of the non-self-governing territories pending decolonisation is examined in order to address the possible legal effects of the Chagos Advisory Opinion on these territories. The scope, content and conceptualisation of the right to self-determination are examined in depth, studying in particular the subjects legitimised to exercise self-determination, the limits encountered in its implementation and its application in accordance with the praxis of the United Nations. It also correlates the contributions of the Chagos Advisory Opinion on these conceptual aspects. The conclusions highlight the complexity of putting an end to the anachronistic colonial situations that persist today and the leverage that the Chagos Advisory Opinion can have to push this process forward.