Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives
In the colonial era, it was commonplace for treaties binding on the metropolitan state to be applicable in that state’s colonies if the state made a declaration to this effect, via the operation of a ‘colonial clause’ in the treaty. This reflects concepts of trusteeship-over-people and civilizationa...
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| Định dạng: | Online |
| Ngôn ngữ: | Tiếng Anh |
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Springer Nature
2021
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| Truy cập trực tuyến: | 26920 |
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| _version_ | 1869529605579210752 |
|---|---|
| author | Ralph Wilde |
| author_browse | Ralph Wilde |
| author_facet | Ralph Wilde |
| author_sort | Ralph Wilde |
| collection | Directory of Open Access Books |
| description | In the colonial era, it was commonplace for treaties binding on the metropolitan state to be applicable in that state’s colonies if the state made a declaration to this effect, via the operation of a ‘colonial clause’ in the treaty. This reflects concepts of trusteeship-over-people and civilizational difference which legitimized colonial rule in general and the role of the colonial authority in determining what standards were appropriate in colonial territories in particular. The colonial-clause model for applicability was adopted in the European Convention on Human Rights of 1950 and certain of its Protocols, but not other subsequent human rights treaties. The standard jurisprudential view is that in the absence of a colonial clause declaration, the Convention cannot be applicable on the alternative basis on which it operates in a state’s territory and to its extraterritorial activities. Such a declaration of applicability was not made in relation to the Chagos Islands, a UK colony, where human rights questions have been raised by the forced displacement by the UK of the indigenous population between 1968 and 1973, the continued denial of this people of their right to return, and more recent allegations concerning the US military base on one of the islands, Diego Garcia. However, in a 2012 decision, the European Court of Human Rights suggested that the standard position on the exclusive determinacy of declarations under the colonial clause may no longer be sustainable. The present piece takes this suggestion and explores its potential, taking into account the significance of the self-determination entitlement in having delegitimized the underlying concepts of trusteeship and civilizational difference on which the standard position is based. |
| format | Online |
| id | doab-20.500.12854ir-63272 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Springer Nature |
| publisherStr | Springer Nature |
| record_format | ojs |
| spelling | doab-20.500.12854ir-632722023-12-20T16:24:13Z Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives Ralph Wilde JV1-9480 UK administration British Constitution Chagos Islands Bancoult litigation Colonial territories Chagos Archipelago British overseas territories Mauritius Decolonization Chagos litigation bic Book Industry Communication::G Reference, information & interdisciplinary subjects::GT Interdisciplinary studies::GTF Development studies In the colonial era, it was commonplace for treaties binding on the metropolitan state to be applicable in that state’s colonies if the state made a declaration to this effect, via the operation of a ‘colonial clause’ in the treaty. This reflects concepts of trusteeship-over-people and civilizational difference which legitimized colonial rule in general and the role of the colonial authority in determining what standards were appropriate in colonial territories in particular. The colonial-clause model for applicability was adopted in the European Convention on Human Rights of 1950 and certain of its Protocols, but not other subsequent human rights treaties. The standard jurisprudential view is that in the absence of a colonial clause declaration, the Convention cannot be applicable on the alternative basis on which it operates in a state’s territory and to its extraterritorial activities. Such a declaration of applicability was not made in relation to the Chagos Islands, a UK colony, where human rights questions have been raised by the forced displacement by the UK of the indigenous population between 1968 and 1973, the continued denial of this people of their right to return, and more recent allegations concerning the US military base on one of the islands, Diego Garcia. However, in a 2012 decision, the European Court of Human Rights suggested that the standard position on the exclusive determinacy of declarations under the colonial clause may no longer be sustainable. The present piece takes this suggestion and explores its potential, taking into account the significance of the self-determination entitlement in having delegitimized the underlying concepts of trusteeship and civilizational difference on which the standard position is based. 2021-02-12T10:15:43Z 2021-02-12T10:15:43Z 2018-06-01 17:23:32 2018 chapter 26920 https://directory.doabooks.org/handle/20.500.12854/63272 eng The World of Small States image/jpeg Attribution 4.0 International https://www.springer.com/gb/book/9783319785400?wt_mc=ThirdParty.SpringerLink.3.EPR653.About_eBook#otherversion=9783319785417 https://link.springer.com/chapter/10.1007/978-3-319-78541-7_8 Springer Nature https://doi.org/10.1007/978-3-319-78541-7_8 https://doi.org/10.1007/978-3-319-78541-7_8 9fa3421d-f917-4153-b9ab-fc337c396b5a 9783319785400 9783319785417 24317701-2bc9-49ad-af05-8ce23f30a287 39 European Research Council ERC 10.13039/501100000781 open access |
| spellingShingle | JV1-9480 UK administration British Constitution Chagos Islands Bancoult litigation Colonial territories Chagos Archipelago British overseas territories Mauritius Decolonization Chagos litigation bic Book Industry Communication::G Reference, information & interdisciplinary subjects::GT Interdisciplinary studies::GTF Development studies Ralph Wilde Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title | Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title_full | Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title_fullStr | Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title_full_unstemmed | Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title_short | Chapter: '‘Anachronistic As Colonial Remnants May Be…’ Locating the Rights of the Chagos Islanders As a Case Study of the Operation of Human Rights Law in Colonial Territories' from book: Fifty Years of the British Indian Ocean Territory: Legal Perspectives |
| title_sort | chapter anachronistic as colonial remnants may be locating the rights of the chagos islanders as a case study of the operation of human rights law in colonial territories from book fifty years of the british indian ocean territory legal perspectives |
| topic | JV1-9480 UK administration British Constitution Chagos Islands Bancoult litigation Colonial territories Chagos Archipelago British overseas territories Mauritius Decolonization Chagos litigation bic Book Industry Communication::G Reference, information & interdisciplinary subjects::GT Interdisciplinary studies::GTF Development studies |
| topic_facet | JV1-9480 UK administration British Constitution Chagos Islands Bancoult litigation Colonial territories Chagos Archipelago British overseas territories Mauritius Decolonization Chagos litigation bic Book Industry Communication::G Reference, information & interdisciplinary subjects::GT Interdisciplinary studies::GTF Development studies |
| url | 26920 |
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