ITLOS Ruling on Chagos Archipelago Dispute: Maldives Gains Additional Sea-Area but Former President Expresses Concern

Chagos, UK, Maldives and Mauritius

The Chagos Archipelago is located in the central Indian Ocean, south of the Maldives and approximately halfway between Africa and Indonesia. It is made up of more than 50 islands, islets and reefs, including the largest islands of Diego Garcia, Peros Banhos, and Salomon Islands.

The Chagos Archipelago issue is a long-standing dispute between Mauritius and the United Kingdom over the sovereignty of the Chagos Archipelago, a group of islands located in the Indian Ocean. The Chagos Archipelago was a British colony until it was separated from Mauritius in 1965, just three years before Mauritius gained independence from Britain. The UK then leased the largest island in the archipelago, Diego Garcia, to the United States, which has since used it as a military base. The forced removal of the Chagossians, the native inhabitants of the archipelago, has been a major point of contention in the dispute. Mauritius has long claimed sovereignty over the archipelago, arguing that the separation of the islands from its territory was illegal under international law.

The Maldives is one of the countries involved in the Chagos Archipelago issue. In particular, the Maldives and Mauritius have been in dispute over the delimitation of their maritime boundaries in the region. Mauritius has argued that the base point for determining the boundary should be the Blenheim Reef, which is visible during low tide, while the Maldives has asserted that the base point cannot be determined by a reef spotted during low tide, according to international standards. The recent The International Tribunal for the Law of the Sea (ITLOS) ruling in favor of the Maldives settles the dispute over the delimitation of maritime boundaries between the two countries.

The Verdict – Positives

The International Tribunal for the Law of the Sea (ITLOS) has made a significant decision in favor of the Maldives over the Chagos Archipelago issue. In a judgement delivered on Friday, the ITLOS backed the Maldives’ assertion that a reef spotted during low tide cannot be the determining factor for the base point of an area. This comes after a submission by Mauritius to ITLOS stating that the base point should start from the Blenheim Reef, visible during low tide. The ITLOS ruling means that the Maldives will acquire an additional sea-area of 4,687 square kilometers from the disputed territory of the two countries.

The Chagos Archipelago issue is centered on an area of about 95,000 square kilometers between the Maldives and the Chagos Archipelago, which is not covered by 200 nautical miles. The Maldives’ argument was that the separation from the sea should be determined from the coast of Chagos Islands. The ITLOS ruling that there was no equivalent to the equidistance line to separate it from the reef seen in low tide is a significant victory for the Maldives.

This ruling assures the Maldives of an additional sea-area of 4,687 square kilometers from the disputed territory of the two countries. The ITLOS decision is a significant development in the Chagos Archipelago issue and has resolved the long-standing dispute between Mauritius and the Maldives. It is a landmark moment for the Maldives and reinforces the country’s commitment to international standards.

Overall, the ITLOS ruling has been a crucial victory for the Maldives. The ITLOS decision in favor of the Maldives’ argument that a reef spotted during low tide cannot be the determining factor for the base point is a significant development in the case. The Maldives’ win assures them of a substantial additional sea-area from the disputed territory of the two countries. The resolution of this dispute reinforces the Maldives’ commitment to international law and standards, and the country can look forward to a new chapter in its relationship with Mauritius.

The Verdict – Negatives

Former Maldives President Mohamed Nasheed has expressed disappointment and concern over the recent ruling by the International Tribunal for the Law of the Seas (ITLOS) on the maritime dispute between the Maldives and Mauritius. In a tweet, Nasheed stated that the Maldives had lost part of its territorial waters as a result of the ruling.

The dispute between the two countries arose after the International Court of Justice (ICJ) declared in September 2019 that the Chagos Archipelago, located south of the Maldives, was under the sovereignty of Mauritius. This led to a request by Mauritius to the ITLOS to determine the equidistance measurements for both countries’ outer limits from Blenheim Reef, which resulted in the ITLOS ruling in favor of Mauritius.

Under the ruling, the Maldives will receive a smaller portion of the disputed area, while Mauritius will receive the larger portion. Nasheed criticized pro-government parliament members for congratulating President Ibrahim Mohamed Solih on the ruling, accusing them of supporting the decision to deceive the public. He stated that the loss of territory was a political affair and that it was a great shame for members to mislead the public.

Overall, Nasheed’s views on the ITLOS ruling are negative, as he believes that the Maldives has lost part of its territorial waters and that the parliament members supporting the decision are deceiving the public.

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