차고스 군도의 分離와 후속 상황에 관한 國際法院들의 決定 비교- ICJ의 권고적 의견(2019)을 중심으로 -

The advisory opinion on the Chagos Archipelago, which was rendered by the ICJ on 25 February 2019, is not only the first case in which the Korean government has submitted written statement, but also a case where some related issues already addressed in other international courts, i.e., the Chagos Islanders v. the UK decision rendered by the European Court of Human Rights in 2012 and the Award on Chagos Marine Protected Area decided by the Arbitral Tribunal constituted in accordance with Annex VII to the United Nations Convention on the Law of the Sea. If these decisions agree with the ICJ’s current advisory opinion, then we can ask why the United Nations General Assembly asked the ICJ for an advisory opinion, and if these decisions were different, we should ask why the results were reached. To address this question, this paper first outlines how the Chagos Islands were separated from Mauritius, and thereafter compares the 2012 decision by the European Court of Human Rights, the 2015 award by the Arbitral Tribunal, and the 2019 advisory opinion of the ICJ. It appears that there are some differences between these decisions, but these differences are due to differences in law that apply to each case. In contrast to previous decisions, the 2019 advisory opinion of the ICJ is expected to be effected by the United Nations General Assembly to complete the decolonization of Mauritius, so it will be important for UN member states to follow up.