Arbitral Tribunal under Annex VII of UNCLOS

The Republic of Mauritius v The United Kingdom of Great Britain and Northern Ireland

The Tribunal delivered its verdict on the Chagos MPA on 18 March 2015. In a judgment which is binding on the United Kingdom it decided that the Chagos MPA was unlawful because it violates the rights of Mauritius.

The Tribunal found unanimously that, as a result of undertakings given by the United Kingdom in 1965 and repeated thereafter, Mauritius holds legally binding rights to fish in the waters surrounding the Chagos Archipelago, to the eventual return of the islands to Mauritius when no longer needed for defence purposes, and to the preservation of the benefit of any minerals or oil discovered in or near the islands pending its eventual return.

The Tribunal held that in declaring the MPA, the UK failed to give due regard to these rights and declared that it had breached its obligations under the UN Convention of the Law of the Sea, the international agreement that determines what States are permitted to do in the ocean.

A Parliamentary Question on 17 July 2020 records that total costs incurred by the UK in the UNCLOS arbitration has been £1,505,720 (comprising Counsel's fees and arbitration costs).

For further details see the Arbitral Tribunal Website

The Judges of the Tribunal. From Left to Right: Rudiger Wolfrum, James Kateka, Professor Ivan Shearer (President), Albert Hoffmann, Sir Christopher Greenwood.

The Republic of Mauritius Legal Team

Agent: Mr. Dheerendra Kumar Dabee SC, Solicitor-General of Mauritius (far right of photograph)

Deputy Agent: Ms. Aruna Devi Narain, Parliamentary Counsel

Counsel: Professor James Crawford SC, Matrix Chambers, London (centre)

Ms. Alison Macdonald, Matrix Chambers, London (left of centre)

Professor Philippe Sands QC, Matrix Chambers, London (right of centre)

Mr. Paul S. Reichler, Foley Hoag LLP, Washington, D.C.

Ms. Elizabeth Wilmshurst CMG, Doughty Street Chambers (centre back row)

Mr. Andrew Loewenstein, Foley Hoag LLP, Washington, D.C.

also seated on the far left is Ambassador Meetarbhan, Ambassador and Permanent Representative of the Republic of Mauritius to the United Nations

The UK Legal Team

Agent: Mr. Christopher A. Whomersley, Deputy Legal Adviser at the Foreign and Commonwealth Office (right side of photograph)

Deputy Agent: Mr. Chanaka Wickremasinghe, Foreign and Commonwealth Office

Assistant Agent: Mr. Qudsi Rasheed, Foreign and Commonwealth Office

Counsel: Sir Michael Wood KCMG, 20 Essex Street, London (centre left)

Professor Alan Boyle, Essex Court Chambers

Mr. Samuel Wordsworth, Essex Court Chambers (left side)

Ms. Penelope Nevill, 20 Essex Street, London

PRESS RELEASE BY THE GOVERNMENT OF MAURITIUS

On 8 April 2015 the Government of Mauritius release the following statement concerning the decision of the Tribunal:

Committee on Chagos Archipelago to meet next week under the chair of Prime Minister

The Prime Minister, Sir Anerood Jugnauth, told the National Assembly yesterday that, in the wake of the Award delivered by the Arbitral Tribunal in the case brought by Mauritius against the United Kingdom in respect of the Chagos Archipelago, the Committee to consider the best way forward will meet for the first time next week under his chairmanship.

In an answer to a Parliamentary Question, he pointed out that views and proposals our fellow countrymen of Chagossian origin may have on the way forward with regard to the Chagos Archipelago issue will be brought to the attention of the Committee.

“ Government is deeply sympathetic to the sufferings which Mauritian citizens of Chagossian origin have endured as a result of their forcible removal from the Chagos Archipelago by the United Kingdom which illegally excised the Archipelago from the territory of Mauritius prior to its accession to independence”, Sir Anerood said.

He recalled that the Chagos Archipelago, including Diego Garcia, forms and has always formed an integral part of the territory of Mauritius. In fact, all persons born in the Chagos Archipelago, whether before or after 1965, are regarded as being born in Mauritius and are Mauritian citizens.

The Prime Minister outlined that Government would define the steps that would now need to be taken to give effect to the sovereignty of Mauritius over the Chagos Archipelago and to all our rights over the Archipelago, including those relating to fisheries, and oil and minerals which the Arbitral Tribunal unanimously affirmed.

Page last updated: 13 December 2020

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