CHAPTER 1: INTRODUCTION

1.1 This claim arises out of the United Kingdom’s decision, in April 2010, to declare a “Marine Protected Area” (hereinafter “MPA”) around the Chagos Archipelago. The Republic of Mauritius challenges the right of the UK to establish the “MPA” and other maritime zones around the Chagos Archipelago, and the compatibility of the “MPA” and such zones with the 1982 United Nations Convention on the Law of the Sea (hereinafter “the Convention”).

1.2 At the outset, Mauritius wishes to make clear that it places a very high value on the protection of the marine environment. It is conscious of the extraordinary diversity of the waters of the Chagos Archipelago, and the need to safeguard the region against the environmental challenges it faces today. Mauritius is fully prepared to exercise its responsibilities under the Convention in that regard. In this case, Mauritius raises the question of whether the “MPA” that the UK has unilaterally purported to impose is compatible with the Convention. Mauritius considers that it is not.

1.3 Mauritius’ case is that the “MPA” is unlawful under the Convention, because it is a regime which has been imposed by a State which has no authority to act as it has done. There are two parts to the argument: