Global Legal Monitor
International: International Tribunal for the Law of the Sea Confirms Sovereignty of Mauritius over Chagos Archipelago
(Feb. 23, 2021) On January 28, 2021, in its Judgment on Preliminary Objections in the Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and the Maldives in the Indian Ocean, the International Tribunal for the Law of the Sea (ITLOS) rejected the Maldives’ challenges to the Tribunal’s jurisdiction. The judgment was rendered by the Special Chamber instituted by the Special Agreement and Notification concluded between Mauritius and the Maldives in 2019 in accordance with article 15, paragraph 2 of the Statute of the International Tribunal for the Law of the Sea. Among its various preliminary objections, the Maldives had challenged the jurisdiction of the Special Chamber, arguing (1) that the United Kingdom (U.K.) was an indispensable third party to the dispute and (2) that sovereignty over the Chagos Archipelago is disp
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Torres strait
and lastly the
Bering strait are regulated by
other separated regional or international conventions. Therefore,
these specific international straits may have different regulations
regarding the prescriptive and enforcement jurisdiction.
The coastal state has very limited rights regarding the closing
of the straits to ships. The rule of transit passage through
straits used for international navigation was introduced by
customary international law in
the
Corfu Channel case. In the aforesaif case
the ICJ made clear that in a time of peace states had a right to
send their worships through straits used for international
navigation between the two parts of the high seas. Thus, the