A Study on the Influence of Amici Briefs over the Judicial Enlightenments of Chagos Archipelago Advisory Opinion (2019)
This study is based on the examination of the influence of amici briefs before the International Court of Justice Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (2019). The study examines how amici briefs contributed to the judicial opinion concerning decolonization process, with special reference to right to self-determination of people, employing doctrinal and comparative and international legal research methodologies. While amicus curiae briefs furnish significant insights, especially concerning the rights of the Chagossian population, their tangible impact on the Court's deliberations is challenging to measure, given the International Court of Justice's customary approach of not overtly recognizing such documents. This study suggests that the role of amicus curiae illustrates the ongoing shift towards democratizing international legal frameworks, concurrently pointing out lasting concerns about transparency.