Chagos Marine Protected Area (Republic of Mauritius v. United Kingdom)

Abstract

Arbitration — Arbitration tribunal — Composition — Challenge to arbitrator — Appearance of impartiality and independence — Prior representation of party in matters unconnected with arbitration — Participation in board selecting legal adviser — Whether creating appearance of bias — Applicable standard in inter-State arbitration — United Nations Convention on the Law of the Sea, 1982 — Dispute settlement before International Court of Justice, International Tribunal for the Law of the Sea or Annex VII arbitration — Whether standard of impartiality and independence the same for all three methods of settlement

Arbitration — Jurisdiction — United Nations Convention on the Law of the Sea, 1982 — Disputes concerning interpretation or application of the Convention — Characterization of dispute — Matter for the tribunal — Proclamation of marine protected area (“MPA”) — Whether State proclaiming MPA the “coastal State” — Whether dispute concerning sovereignty over land — Whether tribunal established under Convention possessing jurisdiction to decide on land sovereignty

Environment — Marine environment — Marine protected area (“MPA”) — Nature of MPA — Whether concerned exclusively with fisheries or pollution — Effect on rights of other States — Chagos Islands — Proclamation by United Kingdom of MPA around Islands — Rights of Mauritius — Fishing rights — Rights to oil and minerals — Right of reversion — Consultation — Whether establishment of MPA compatible with United Nations Convention on the Law of the Sea, 1982

General principles of international law — Good faith — Abuse of rights — Duties of States under United Nations Convention on the Law of the Sea, 1982 — Duty to conduct international relations in good faith — Evidence of improper motive — Estoppel

Human rights — Self-determination — Decolonization — Mauritius — Independence of Mauritius from the United Kingdom — Detachment from Mauritius of the Chagos Islands — Whether contrary to right of self-determination — Whether genuine consent to detachment of Islands — Rights of population of the Islands

International organizations — United Nations — General Assembly — Self-determination and decolonization — Role of General Assembly — Independence of Mauritius — Detachment from Mauritius of Chagos Islands prior to independence — Condemnation by General Assembly

International tribunals — Procedure — Documents — Redacted documents disclosed in national proceedings — Proposal to use documents in inter-State proceedings — Whether unredacted versions should be disclosed — Criteria for non-disclosure — Procedure for determining whether redactions justified

Sea — Law of the Sea — United Nations Convention on the Law of the Sea, 1982 — Marine protected area (“MPA”) — Fishing rights — Territorial sea — Exclusive economic zone — Articles 2(3), 56(2), 194 and 300 — Coastal State — Duty of coastal State to have due regard to rights of other States — Proclamation of MPA by United Kingdom around Chagos Islands — Whether sufficient account taken of rights of Mauritius — Whether sufficient consultation — Whether contrary to United Kingdom’s obligations under Convention

Territory — Colonial territory — Principle of territorial integrity — Dependency of colony — Mauritius — Chagos Islands — Detachment of Chagos Islands prior to independence of Mauritius from United Kingdom — Whether contrary to international law

Treaties — Nature of treaties — Agreement between United Kingdom Government and government of British colony — Whether governed by international law — Undertakings by United Kingdom Government as part of path to independence — Role of undertakings in the consideration for agreement of colonial government to detachment of territory — Mauritius — Detachment of Chagos Islands prior to independence — Reaffirmation of undertakings by United Kingdom — Whether undertakings binding upon United Kingdom under international law