Chagos Marine Park: Arbitral Tribunal Rejects First Argument of London

Demand " bifurcation procedures "of Britain was rejected, Wednesday, Jan. 23, by the arbitral tribunal under the administrative responsibility of the Permanent Court of Arbitration (CAP) in The Hague. That, in the dispute between Port Louis and London on the creation of a marine park waters chagossiennes.

The creation of a Marine Protected Area by Britain in the waters surrounding the Chagos Archipelago, claimed by Mauritius, was hotly contested by the Government of Mauritius. And when the State of Mauritius had claimed the establishment of an arbitral tribunal under Article 287 and Annex VII of the United Nations Convention on the Law of the Sea

The court, presided over by Professor Ivan Shearer, was placed in April 2011 under the administrative responsibility of the CAP. Upon first hearing in March 2012, Britain had presented as the first argument of defense, challenging the jurisdiction of the same authority to decide the matter. She therefore asked that the dispute be heard as a preliminary issue in the case.

It is this demand which was rejected on 22 January 2013, by the arbitral tribunal. The argument that Britain was heard on January 11, in Dubai, under the chairmanship of Professor Ivan Shearer.

Posting this same instance that the point made by London will be discussed when the case is taken on its merits. No date has been given.

Case Reported In 2010

It is December 20, 2010 the State of Mauritius declared the dispute with Britain over the creation of a marine park waters Chagossiennes. Mauritius was then notified the British government under the United Nations Convention on the Law of the Sea for its decision to challenge the fairness Chagos Marine Park before a court of arbitration.

The court had been established after three months with the appointment of five arbitrators. The State of Mauritius had settled on Judge Rüdiger Wolfrum. A month later, England was appointed Professor of International Law, Sir Christopher John Greenwood as a second referee.

Since no consensus had been reached by both parties within the time prescribed by the Convention, the President of the International Tribunal for Law of the Sea (ITLOS) was applied for the appointment of three arbitrators.

March 25, 2011 President of ITLOS, Judge José Luis Jesus, had, in accordance with Section 3 of Annex VII of the Convention, decided that Professor Ivan Shearer chair the tribunal. He had, at the same time, judges appointed James Kateka Tanzania and Albert Hoffmann of South Africa as arbitrators.