Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean, Preliminary Objections (ITLOS)

2021 ◽  
pp. 1-69
Author(s):  
Thomas Burri ◽  
Jamie Trinidad
Keyword(s):  
Indian Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Maritime Boundary ◽  
The Indian Ocean ◽  
The Law ◽  
Arbitral Proceedings ◽  
Chagos Archipelago

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in which it rejected preliminary objections raised by the Maldives in arbitral proceedings instituted by Mauritius, concerning the delimitation of the maritime boundary north of the Chagos Archipelago in the Indian Ocean.

Dispute Settlement Under the UN Convention on the Law of the Sea: Survey for 2007

2008 ◽  
Vol 23 (4) ◽  
pp. 601-642 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fourth of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. 2007 was the busiest year for dispute settlement in the law of the sea for some time. The main developments under Part XV of the UN Convention on the Law of the Sea were the award of the arbitral tribunal in the Guyana/Suriname Case and two prompt-release-of-vessel judgments by the International Tribunal for the Law of the Sea. Outside the framework of the Convention, the International Court of Justice gave judgments in two maritime boundary cases—one on the merits (Nicaragua v. Honduras) and the other on jurisdiction (Nicaragua v. Colombia).

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2004

2006 ◽  
Vol 21 (1) ◽  
pp. 1-14
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Boundary Disputes ◽  
Maritime Boundary ◽  
Caribbean Area ◽  
The Caribbean ◽  
The Law

AbstractThis is the first of a projected series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea generally, rather than focusing purely on the International Tribunal for the Law of the Sea. The main developments during 2004 were the referral of two maritime boundary disputes in the Caribbean area to arbitration under Annex VII and a prompt release of vessel judgment by the ITLOS in the Juno Trader case.

scholarly journals Dispute Settlement in the Law of the Sea: Survey for 2012

2013 ◽  
Vol 28 (4) ◽  
pp. 563-614 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law ◽  
Maritime Boundary Delimitation

Abstract This is the latest in a series of annual surveys reviewing dispute settlement in the law of the sea, both under the UN Convention on the Law of the Sea and outside the framework of the Convention. The main developments during 2012 were the delivery of judgments by the International Tribunal for the Law of the Sea (ITLOS) in the Bangladesh/Myanmar case and by the International Court of Justice (ICJ) in the Nicaragua/Colombia case, both concerned with maritime boundary delimitation; and the institution of Annex VII arbitration by Argentina against Ghana relating to the arrest of a State-owned vessel and the subsequent order of provisional measures by the ITLOS. These and other developments are reviewed in detail below.

scholarly journals On Delineation of the Continental Shelf: Decision of the International Tribunal for the Law of the Sea on Delimitation of the Maritime Boundary between Bangladesh and Myanmar, 2012

Lex Russica ◽  
2021 ◽  
pp. 155-163
Author(s):  
A. Yu. Klyuchnikov
Keyword(s):  
Continental Shelf ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Exploration And Exploitation ◽  
International Court ◽  
Maritime Boundary ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Marine Areas

With the development of technical capabilities for the exploration and exploitation of the continental shelf, the desire of coastal states to expand the area of their jurisdiction in the "underwater territory" (the territory of the seabed) increased. Thanks to the activism of the judges of the International Tribunal for the Law of the Sea, the concept of the continental shelf for the purposes of international maritime law has been significantly developed. As a result, the coastal states signatories to the 1982 Convention on the Law of the Sea were able to establish the outer limit of the continental shelf, which, under certain conditions, can extend even beyond 350 nautical miles from the baseline.Disputes between states on the continental shelf mainly arise in connection with the need to distinguish between marine areas rich in sources of living and non-living resources. In such cases, it may be necessary to delineate the continental shelf between adjacent States (with a common border) or located opposite each other, i.e. their delimitation under article 83 of the Convention on the Law of the Sea. The subject of the dispute is the external legal boundary of the continental shelf of the state, where it extends beyond 200 nautical miles from the baseline of that state (the continental shelf beyond 200 nautical miles), adjoins the area that is the common heritage of mankind, outside the jurisdiction of any of the states.On the issue of determining the limits of the continental shelf beyond 200 nautical miles, the decision of the International Tribunal for the Law of the Sea of 14.03.2012 "On delimitation of maritime boundary between Bangladesh and Myanmar" is of a precedent value, since no international court has previously addressed this issue.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

Dispute Settlement under the UN Convention on the Law of the Sea: Survey for 2008

2009 ◽  
Vol 24 (4) ◽  
pp. 603-616 ◽  
Author(s):  
Robin Churchill
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
International Tribunal ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Maritime Boundary ◽  
The Law

AbstractThis is the fifth of a series of annual surveys reviewing dispute settlement under the UN Convention on the Law of the Sea. The main developments during 2008 were the fourth triennial elections to the International Tribunal for the Law of the Sea; an order made by the Tribunal further continuing the suspension of proceedings in the Swordfish case; and the referral of a maritime boundary dispute between Peru and Chile to the International Court of Justice.

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