On 20 December 2010, Mauritius initiated arbitral proceedings against the UK under Article 287 and Annex VII of the UN Convention on the Law of the Sea (UNCLOS) to challenge the legality of the ‘marine protected area’ (‘MPA’) which the UK purported to establish around the Chagos Archipelago on 1 April 2010.
Following the exchange of written pleadings and the holding of a hearing on the merits and the UK’s preliminary objections to jurisdiction, the Arbitral Tribunal constituted under Annex VII to UNCLOS delivered its Award on 18 March 2015. Pursuant to Article 11 of Annex VII to UNCLOS, the Award is final and without appeal, and binding on the Parties.
The Tribunal unanimously held that the ‘MPA’ purportedly established by the UK around the Chagos Archipelago violates international law. It ruled that the UK breached its obligations under Articles 2(3), 56(2) and 194(4) of UNCLOS. The ‘MPA’ is therefore illegal under international law and unenforceable.
Two members of the Tribunal, namely Judge Kateka and Judge Wolfrum, gave a Dissenting and Concurring Opinion.
Other documents relating to the arbitral proceedings can be downloaded from the website of the Permanent Court of Arbitration at the following address: https://pca-cpa.org/en/cases/11/
