Interpreting the Dispute Settlement Limitation on Fisheries After the Chagos Marine Protected Area Arbitration
In Stephen Minas, Holly Doremus, Jordan Diamond (eds), Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges, (Brill: Boston and Leiden, Forthcoming).
Posted: 1 Mar 2018
Date Written: September 30, 2017
The present chapter places its focus on the jurisdictional aspects of the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom), Award of 18th March 2015, by examining the interpretation of the fishery limitation under article 297(3)(a) of the 1982 UN Convention on the Law of the Sea, in the context of the fourth submission made by Mauritius, and the manner in which the UK subsequently objected thereto. The chapter views that in relation to the 1995 UN Fish Stocks Agreement article 32, incorporating by reference the fishery limitation, the pronouncements of the Tribunal’s majority on this matter have provided a rather dubious legal authority that may only be seen as an inconsistent obiter dictum for future reference.
Keywords: UNCLOS, fisheries, dispute settlement, arbitration, Chagos
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