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R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs, Appeal judgment, (2008) UKHL 61, (2009) 1 AC 453, ILDC 1538 (UK 2008), 22nd October 2008, House of Lords [HL]



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Whether the Immigration Order and Section 9 of the British Independent Ocean Territory (Constitution) Order were unlawful exercises of the prerogative power of colonial governance.

Whether the prerogative power of colonial governance was limited by obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms or under customary international law.

Keywords: Colonization / Decolonization; Customary international law; Expulsion; Human rights, civil and political rights; Human rights, freedom from torture and cruel, inhuman, or degrading treatment; International law and domestic law, incorporation; Judicial review; Non-justiciability; Territory, dependent

Legal Material.  53436 words. 

Subjects: Individuals and Non-state Actors ; Territory ; Public International Law ; International Law ; Law

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