Alfredo Crosato Neumann posted yesterday «Sovereignty Disputes under UNCLOS: Some Thoughts and Remarks on the Chagos Marine Protected Area Dispute» in Cambridge Journal of International and Comparative Law. Here’s the abstract:
«On 18 March 2015, an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (‘UNCLOS’) rendered a decision on the dispute between the United Kingdom and Mauritius relating to the Chagos Marine Protected Area. The dispute arose in 2010 after the United Kingdom unilaterally decided to create a marine protected area (‘MPA’) in the British Indian Ocean Territory (‘BIOT’), which is comprised of the Chagos Archipelago. Mauritius instituted proceedings the same year, alleging that the creation of the MPA was in violation of the UNCLOS (articles 2, 55, 56, 63, 194 and 300) and other rules of international law applicable between the parties, in particular the Lancaster House Undertakings of 1965. Through those undertakings, the Chagos Archipelago was detached from Mauritius before its independence, a number of conditions were set for the future return of the islands to Mauritius, and certain rights were conferred to the latter (see para. 77 of the Award for a reference to the specific undertakings).»
Read the full article here.