Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No 3)

Abstract

Diplomatic relations — Diplomatic privileges and immunities — Inviolability of diplomatic correspondence and archives — Admissibility in courts of the receiving State of illegally obtained diplomatic documents — Document emanating from United States Embassy in United Kingdom — Document probably obtained unlawfully from United States electronic storage facilities in United States — Document already subject of public discussion — Whether United Kingdom court should treat as inadmissible — Vienna Convention on Diplomatic Relations, 1961, Articles 24 and 27

Environment — Marine environment — Marine protected area (“MPA”) — Nature of MPA — Effect on rights of other States — Chagos Islands — Proclamation by United Kingdom of MPA around Islands — Rights of Mauritius — Fishing rights — Consultation exercise — Whether flawed because of failure to raise issue of fishing rights

Human rights — Right of abode — Chagos Islands — Separation from Mauritius in 1965 — Removal of population — Policy of no resettlement on the Islands — Establishment of Marine protected area (“MPA”) — Whether actuated by desire to prevent resettlement

Territory — Colony — Dependency of colony — Separation of dependency from colony prior to independence of colony — Removal of population of dependency — The law of England