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Dimitry Kochenov submitted expert Opinion to Court of Appeal England and Wales

26 August 2013

Prof. Dimitry Kochenov (EU Constitutional Law) submitted an expert Opinion to the Court of Appeal of England and Wales on the application of EU law in the Countries and Territories Associated with the European Union. This in the context of the seminal Bancoult v. Secretary of State for Foreign and Commonwealth Affairs saga (the current case is No.3) concerning the legality of the Crown's efforts to keep the population of the Chagos Archipelago away from their ancestral territory.

The islanders, represented by Clifford Chance, who commissioned Prof. Kochenov to write the Opinion, are seeking a permission to appeal the earlier decision of the High Court upholding a ban on their fishing in the British Indian Ocean Territory waters.

The edited volume on "EU Law of the Overseas" (Kluwer Law International, 2011) edited by Kochenov and on which the Opinion is based, remains the only definitive treatment of the application of EU law in the territories like British Indian Ocean Territory (BIOT) in the English language (with a recent update published in Detroit:

This opinion is not the only, among Prof. Kochenov's UK engagements: the written evidence he submitted to the House of Lords European Union Committee has been relied upon by their Lordships in the Committee's Report on the regulation of EU enlargements earlier this year.

This article was published by the Faculty of Law.

Last modified:19 January 2024 1.02 p.m.

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