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Title The Rules-Based Order, International Law and the British Indian Ocean Territory: Do as i Say, Not as i Do
Full text http://hdl.handle.net/1885/317015; https://openresearch-repository.anu.edu.au/bitstream/1885/317015/3/the-rules-based-order-international-law-and-the-british-indian-ocean-territory-do-as-i-say-not-as-i-do.pdf.jpg
Date 2022
Author(s) Bashfield, Samuel; Proukaki, Elena Katselli
Abstract Perpetuating Britain's controversial administration of the Chagos Archipelago (BIOT-British Indian Ocean Territory) raises questions about the UK's commitment to the rules-based order and international law. This interdisciplinary article examines British administration of the Chagos Archipelago by taking a legal-international relations perspective. It provides an overview to the rules-based order concept and its relation with international law, briefly examines the Territory's history, and outlines how BIOT violates the principles enshrined in the rules-based order concept, specifically promotion of self-determination, prohibition of forced displacement and respect for international institutions. This study is significant due to its timing-set in a period of increased international pressure on the United Kingdom to cede sovereignty of the Chagos Archipelago to Mauritius-and also significant in a period of increased rules-based order strain throughout the Indo-Pacific. This article argues that, despite Britain's assertion that it is a champion of the rules-based order, of which international law is a component, continued British administration of the Chagos Archipelago is in contravention of both. In an era of rules-based order strain, British BIOT policy provides fertile ground to criticisms of its foreign policy and international law selectivity and double standards.
Subject(s) BIOT; Chagos Archipelago; self-determination; rules-based order; international law; Chagos Advisory Opinion
Language en_AU
Publisher Cambridge University Press
Type of publication Journal article
Format application/pdf
Source German Law Journal
Rights © 2022 The authors; http://creativecommons.org/licenses/by/4.0/; Creative Commons Attribution licence
Identifier 2071-8322; 10.1017/glj.2022.44
Repository Canberra - Australian National University
Added to C-A: 2024-04-29;09:39:19