In re Chagos Marine Protected Area (Mauritius v. United Kingdom). Issue 4 (October 2015)

• Record Type: Journal Article
• Authors: Colson, David A.; Vohrer, Brian J.
• Is Part Of: American journal of international law. Volume 109: Issue 4(2015)
• Page Start: 845
• Page End: 851
• Publication Date: 2015-10
• Subjects: United Nations Convention on the Law of the Sea, -- marine protected area, -- rights of coastal states, -- jurisdiction, -- territorial disputes vs. maritime issues, -- protection of living resources vs. environmental matters; International law -- Periodicals; International relations -- Periodicals; Periodicals; 341.05
• DOI: 10.5305/amerjintelaw.109.4.0845
• Languages: English
• ISSNs: 0002-9300

Abstract

Abstract : On March 18, 2015, an arbitral tribunal (Tribunal) constituted in accordance with Annex VII to the 1982 United Nations Convention on the Law of the Sea (Convention) under the auspices of the Permanent Court of Arbitration handed down its award in a proceeding brought by Mauritius in 2010 challenging the United Kingdom's establishment of a marine protected area (MPA) around the Chagos Islands in the Indian Ocean, which are claimed by Mauritius. The Tribunal held that it did not have jurisdiction under the Convention to address whether the United Kingdom or Mauritius has the rights of a coastal state regarding the Chagos Islands. Nevertheless, the Tribunal also held that, in creating the MPA by unilateral declaration, the United Kingdom had failed to take into account certain legitimate interests of Mauritius and had thereby breached its obligations under Articles 2(3), 56(2), and 194(4) of the Convention.