Discussion On The Right Of National Self-determination In The "Chagos Islands Advisory Opinion Case" And Its Enlightenment To China

On 22 June 2017,the United Nations General Assembly(hereinafter referred to as the General Assembly)adopted resolution A/RES/71/292,deciding to request the International Court of Justice for an advisory opinion on the legal consequences of the separation of the Chagos Islands from Mauritius in 1965,pursuant to Article 96 of the Charter of the United Nations(hereinafter referred to as the Charter).After nearly two years of trial,on February 25,2019,The International Court of Justice has officially issued the Legal Consequence of the Separation of the Chagos Archipelago from Mauritius in 1965 1965,referred to as the "Chagos Islands Advisory Opinion"),rejected the United Kingdom’s claim to sovereignty over the Chagos Islands,whose separation from the British colony of Mauritius violates international norms,in particular the right to self-determination.The Chagos Archipelago is a small group of atolls in the Indian Ocean.Britain illegally separated the islands from the former colony of Mauritius and should relinquish control "as soon as possible".Although not legally binding,the Advisory Opinion will have a far-reaching impact on the resolution of the territorial dispute between the United Kingdom and Mauritius,the advancement of the decolonization process of Mauritius and the maintenance of national unity,the respect and protection of human rights,and the international law obligations of other countries concerned.Since neither the Charter of the United Nations nor the International Covenant on Civil and Political Rights nor the Covenant on Economic,Social and Cultural Rights specifically define the term "nation" nor the right to self-determination,there is uncertainty regarding the subjects who exercise rights and the scope and manner in which national self-determination can be exercised.The right to self-determination is often regarded as a mandatory legal norm;However,the right to self-determination will be more meaningful if it is closely linked to decolonization,which is precisely what the Court achieved in the Chagos Opinion of February 2019:a strong condemnation of colonialism provides a sense of self-identity.When making a determination within this particular scope,its role cannot be reduced.Since the decolonization of Mauritius was not fully compatible with its right to national self-determination,the continued British domination of the Chagos Islands was a mistake.Despite Britain’s indifference,the practice of the International Court of Justice may have a very good model for other international judicial bodies.Different countries have different definitions of the right of national self-determination.For example,the right of national self-determination in the United Kingdom firstly refers to the right of colonial people under colonial rule to obtain national independence.In the definition of the right of national self-determination,the sovereignty of a country or a nation is not affected by foreigners.The connotation of foreign interference.Stalin also defined the right of national self-determination.In the historical period at that time,he pointed out that "a nation is a common language,a common region,a common economic life,and a common psychological quality expressed in a common culture.A stable community." Stalin’s definition mainly refers to the meaning of the freedom of various nationalities to determine the various systems of the country according to the choices of the people of their own country.With the evolution of history,Marxism-Leninism also discussed the right of national self-determination.Marxism-Leninism should take the right of national consciousness as an important basis for dealing with national problems in all countries in the world From the perspective of the socialist revolution,it should also regard the right of national consciousness as an important means of resisting the rule of the bourgeoisie,and let it become world socialism and proletarianism.An advantageous weapon of class revolution.From the perspective of China’s modern history,the right of national consciousness also has a very important historical meaning for China.on the one hand Through resolute resistance,China got rid of the doom of becoming a semi-colonial and semi-feudal society,and instead established a socialist system with Chinese characteristics.,Culture,and institutional freedom.In 1949,the founding of New China emphasized the important content of China’s recognition of the right of national self-determination,regarding the right of each nation to determine its own destiny,until the right to freely separate and form an independent state.