[Coral-List] Mauritius challenges legality of Chagos MPA

GJ GJ at fishion.eu
Tue Dec 21 14:16:08 EST 2010

>From Law of the Sea:
Article 56
Rights, jurisdiction and duties of the coastal State in the exclusive
economic zone
1. In the exclusive economic zone, the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living
or non-living, of the waters superjacent to the seabed and of the
seabed and its subsoil, and with regard to other activities for the
economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
(i) the establishment and use of artificial islands, installations
and structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine
(c) other rights and duties provided for in this Convention.
2. In exercising its rights and performing its duties under this
Convention in the exclusive economic zone, the coastal State shall have due
regard to the rights and duties of other States and shall act in a manner
compatible with the provisions of this Convention.

Chagos can decide on their own what and how they want to exploit or conserve in their 200 nm zone. As Chagos and Mauritius EEZ don't overlap, it would be interesting what sort of rights they think they have to the resources in the Chagos EEZ. 

They can hardly object to a MPA on principle. That would mean that all MPA's around the world would be against UNCLOS.
It would be interesting to learn how they build their case, I you happen to find out. 

At moment I find it hard to believe Mauritius will have any success.

Best wishes, GJ

Gert Jan Gast
Koningin Wilhelminakade 227, 1975GL IJmuiden, the Netherlands
Ph +316 5424 0126, Fax +31255 521546, Skype gjgast

-----Original Message-----
From: coral-list-bounces at coral.aoml.noaa.gov [mailto:coral-list-bounces at coral.aoml.noaa.gov] On Behalf Of Richard Dunne
Sent: 21 December 2010 12:39
To: Coral List
Subject: [Coral-List] Mauritius challenges legality of Chagos MPA

Chagos Marine Protected Area - Mauritius takes UK to UN Law of Sea Tribunal

At a press conference in Mauritius yesterday, the Prime Minister 
Ramgoolam announced that Mauritius has informed the UK Foreign 
Secretary, William Hague, that it has begun proceedings before the 
International Tribunal for the Law of the Sea. Mauritius is seeking a 
legally binding declaration on the Chagos Marine Protected Area, which 
it believes is incompatible with the UN Convention on the Law of the Sea 

Richard P Dunne

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