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Revisiting the Matthew and Hunter Islands Dispute in Light of the Recent Chagos Advisory Opinion and Some Other Relevant Cases: An Evaluation of Vanuatu’s Claims relating to the Right to Self-determination, Territorial Integrity, Unlawful Occupation and State Responsibility under International Law

Mosses, Morsen (2019) Revisiting the Matthew and Hunter Islands Dispute in Light of the Recent Chagos Advisory Opinion and Some Other Relevant Cases: An Evaluation of Vanuatu’s Claims relating to the Right to Self-determination, Territorial Integrity, Unlawful Occupation and State Responsibility under International Law. Netherlands International Law Review, 66 (3). pp. 1-32. ISSN 0165-070X

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    Abstract

    This paper examines the legal implications of the Chagos Advisory Opinion and some other relevant cases on the Matthew and Hunter Islands dispute. In doing so, the piece attempts to evaluate Vanuatu’s claims relating to the right to self-determination of the people of New Hebrides (Ni-Vans since 1980), the territorial integrity of New Hebrides/Vanuatu and alleged unlawful occupation of the Matthew and Hunter Islands by France. First, the paper submits that by transferring the administration of these islands to New Caledonia in 1976 France may have violated the territorial integrity of Vanuatu and the right to self-determination of its people. The paper then considers the competing claims of sovereignty over these Islands and argues that the right to self-determination is likely to prevail over France’s claims of, inter alia, effectivités. The paper submits therefore that France may be under an obligation to cease its unlawful occupation of these Islands.

    Item Type: Journal Article
    Uncontrolled Keywords: Right to self-determination, Territorial integrity, Effectivités, Wrongful act, State responsibility, Matthew and Hunter
    Subjects: K Law > K Law (General)
    K Law > KZ Law of Nations
    Divisions: Faculty of Arts, Law and Education (FALE) > School of Law
    Depositing User: Morsen Mosses
    Date Deposited: 25 Nov 2019 14:57
    Last Modified: 25 Nov 2019 15:00
    URI: http://repository.usp.ac.fj/id/eprint/11833
    UNSPECIFIED

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