2008/12/19 by Peter H. Sand · 1 citation
Environmental Science · Economics, Econometrics and Finance · Social Sciences · #International Maritime Law Issues #Economic Zones and Regional Development #Maritime Security and History
paper · doi:10.1093/jel/eqn034
openalex publication_date 2008/12/19 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/30
Environmental risks from US military construction on the atoll of Diego Garcia (British Indian Ocean Territory) since 1971 include damage caused by large-scale ‘coral mining’, the introduction of invasive alien plant species, continuous transits of nuclear material and unreported major fuel spills; these risks are now compounded by those of sea-level rise and ocean acidification due to global climate change. The US and UK governments have evaded accountability by way of a persistent ‘black hole’ strategy, contending that some national laws and international treaties for the protection of human rights and the environment do not apply to the island—a position confirmed by a controversial appellate judgment of the House of Lords in October 2008, essentially relying on ‘prerogative’ colonial law. This article draws attention to the fallacy of the black-hole syndrome, and to its potentially fatal consequences for the British claim to a 200-mile environment protection zone in the Chagos Archipelago.