A service of the International Council of Environmental Law -toward sustainable development - (ICEL)

A service of the International Council of Environmental Law - toward sustainable development - (ICEL)



Friday, January 7, 2011

Mauritius v. UK: Dispute related to 'Marine Protected Area' and Chagos Archipelago

Under Article 287 and Annex VII, Article 1 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), Mauritius has served  a notification and statement of claim to the United Kingdom regarding the legality of the declared Marine Protected Area (MPA) around the Chagos Archipelago.

In seeking relief, "Mauritius requests the Annex VII arbitral tribunal of the International Tribunal for the Law of the Sea (ITLOS) to declare, in accordance with the provisions of UNCLOS and the applicable rules of international law not incompatible with the Convention that, in respect of the Chagos Archipelago:
(1) the ‘MPA’ is not compatible with the 1982 Convention, and is without legal effect; and/or
(2) the United Kingdom is not a ‘coastal state’ within the meaning of the 1982 Convention and is not competent to establish the ‘MPA’; and/or
(3) only Mauritius is entitled to declare an exclusive zone under Part V of the 1982 Convention within which a marine protected area might be declared."

The notification and statement of claim are available through the website of the American Society of International Law at: http://www.asil.org/interest-groups-public-files.cfm.

Satellite view of Diego Garcia Atoll, Chagos Archipelago


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