Ll~GALCONSl~QUENCRS OFTl·m Sl~PAH.ATION OFTIII~ CIIAGOS
ARCIIIPl~LAGO FIU)M MAURITIUS IN 1965
(Rl~QtmST FOR ADVISORY OPINIONS)
.JOINT IU~SPONSI~ ownrn REPUBLIC OF BOTSWANA
AND THE IUWUHLIC OF VANUATU
ON FRIDAY 7 SEPTEMHER 2019
Question (.Judge AnWnio Augusto Can~ado Trindadc, Cit 2018/25, p. 58):
As recalled in para~raph (a} ,?f the UN General As.,·embly :,· Request fhr an advisOIJ'
opinion <?(the International Court <?{.Justice, (Jenera/ Assembly resolution 71/292 of 22
.June 2017, the (Jenera/ Assembly refers to ohligations enshrined into successive pertinent
resolutions ,?fits own, asfiwu I 960. namely: CJeneral Assembly resolutions 151 ./ (XV) <~l
14 December /960, 2066 (XX)<?( /6 December 1965, 2232 (XXI) <?l20 December 1966,
and 2357 (XX/I) <?l 19 December /967.
In the course <?lthe present oral advisory proceedings, references were ofien made to such
resolutions by several delegations of Participants.
In your understanding, what are the legal consequences ensuing from the formation of
customcuy international law with the sign!ficant presence of opinio Juris communis for
ensuring compliance with the obligations stated in those General Assembly resolutions?
Joint Response:
I. The General Assembly resolutions mentioned in Judge Can9ado Trindade's question
show that the peoples' right to self-detennination, as well as the corresponding obligation
to respect the peoples' right to self-determination, were already in existence under
customary international law during the period of their adoption, i.e., 1960-1967.
2. In order to ensure the compliance with the obligation to respect the peoples· right to
self-determination as rclkcted in the abovementioned General Assembly resolutions:
- The administering Power is under an obligation:
- to immediately lake steps to lransler all powers lo the peoples of the territories
which have not yet attained independence, without any conditions or
reservations, in accordance with their freely expressed will and desire, without
any distinction as to race, creed or colour, in order to enable them lo enjoy
complete independence and freedom; and
- to take no action which would dismember the administered territory and violate
its territorial integrity.
- All States are under an obligation:
- not to recognize the illegal situation resulting from a violation of the right to
self-determination;
- not to render aid or assistance in maintaining the situation created by such a
violation; and
- to see to it that any impediment, resulting from the violation, to the exercise by
the people of its right to self-determination is brought to an end.
- the United Nations, especially the General Assembly, is under an obligation to
consider what further action is required to bring to and end the illegal situation
resulting from the violation of the right to self-determination.
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Attorney Chuchuchu Nchunga Nchungu
Deputy Government Attorney. Attorney General's Chumhcrs. Republic of Botswuna
Noah Pattick Kouback
Minister Counsellor and Deputy Pennancnt Representative, Charge d·Atraircs.
Permanent Mission of Vnnuatu in Geneva
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Joint Written Reply of Botswana and Vanuatu to the question put by Judge Cançado Trindade at the end of the hearing held on 5 September 2018