Interpreting the dispute settlement limitation on fisheries after the Chagos Marine Protected Area Arbitration
Interpreting the dispute settlement limitation on fisheries after the Chagos Marine Protected Area Arbitration
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.
225–253
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
6 September 2018
Ntovas, Alexandros
c770a980-34f6-4f24-8e08-eb3dae2e2bea
Ntovas, Alexandros
(2018)
Interpreting the dispute settlement limitation on fisheries after the Chagos Marine Protected Area Arbitration.
In,
Minas, Stephen and Diamond, Jordan
(eds.)
Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges.
Leiden.
Brill Nijhoff, .
(doi:10.1163/9789004352926_010).
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Abstract
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.
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Submitted date: 30 September 2017
e-pub ahead of print date: 4 September 2018
Published date: 6 September 2018
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Local EPrints ID: 435443
URI: http://eprints.soton.ac.uk/id/eprint/435443
PURE UUID: 617cf896-dafd-4640-8c64-b7720f3d1e4f
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Date deposited: 06 Nov 2019 17:30
Last modified: 16 Mar 2024 04:54
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Editor:
Stephen Minas
Editor:
Jordan Diamond
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