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The Chagos marine protected arbitration-A battle of four losers?

Appleby, Thomas

Authors

Tom Appleby Thomas.Appleby@uwe.ac.uk
Associate Professor in Property



Abstract

© The Author 2015. Published by Oxford University Press. All rights reserved. The proclamation of a marine protected area by David Miliband in the Chagos Archipelago in 2010 triggered a complaint of infringement of sovereignty by Mauritius and a human rights claim by dispossessed Chagossians. It also faced criticism by academia and the UK media. In March 2015, a Tribunal of the Permanent Court of Arbitration investigated the Mauritian claim. In a majority decision, the Tribunal found that Mauritius was legally disabled from pursuing its sovereignty claim but through estoppel the UK Government was required to fulfil its obligations contained in an undertaking given before independence. This included requirements for the return of the Archipelago once it is no longer needed for defence, mineral rights and historic fishing rights. It called for the proclamation to be revoked. The majority of the Tribunal found no link to the exclusion of the Chagossians. It provides useful insight on the development of large marine parks.

Journal Article Type Article
Publication Date Jan 1, 2015
Journal Journal of Environmental Law
Print ISSN 0952-8873
Electronic ISSN 1464-374X
Publisher Oxford University Press (OUP)
Peer Reviewed Peer Reviewed
Volume 27
Issue 3
Pages 529-540
Institution Citation Appleby, T. (2015). The Chagos marine protected arbitration-A battle of four losers?. Journal of Environmental Law, 27(3), 529-540. https://doi.org/10.1093/jel/eqv027
DOI https://doi.org/10.1093/jel/eqv027
Keywords fish, marine, conservation, estoppel, historic rights
Publisher URL http://dx.doi.org/10.1093/jel/eqv027