Mauritius v. Maldives (Judgment of the Special Chamber of the International Tribunal for the Law of the Sea, 28 April 2023)
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ID: 318691
2026
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Abstract
Abstract This chapter analyses the 2023 judgment of the ITLOS Special Chamber in Mauritius/Maldives, delimiting the EEZ and continental shelf within 200 nautical miles in a setting shaped by the unresolved sovereignty dispute over the Chagos Archipelago. At the preliminary stage, the Chamber rejected jurisdictional and admissibility objections grounded in the Monetary Gold principle and the need to determine sovereignty, holding—by reference to the ICJ’s 2019 advisory opinion and UNGA resolution 73/295—that Mauritius could be treated as the relevant ‘coastal State’ for UNCLOS purposes. On the merits, it applied the equidistance/relevant circumstances method to short opposing island coasts, drawing a provisional equidistance line while refusing to use Blenheim Reef (a substantial low-tide elevation/drying reef and archipelagic turning point) as a base point. Nevertheless, it treated the reef as a relevant circumstance and accorded it ‘half effect’, producing an unconventional adjustment. The Chamber declined to delimit beyond 200M due to ‘significant uncertainty’ as to Mauritius’ outer-shelf entitlement absent CLCS recommendations.
| Reference Key |
openalex_W7165837703
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| Authors | Stephen Fietta, Robin Cleverly |
| Journal | Oxford University Press eBooks |
| Year | 2026 |
| DOI |
10.1093/law/9780192883414.003.0031
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| URL | |
| Keywords | Keywords not found |
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