The AG's office had assured that the necessary work is being ensued to regain Maldives’ maritime area that the country had lost and change ITLOS' decision on the separation line between Mauritius, which experts say poses legal questions for its implementation.
The dual foreign experts appointed by the state of Maldives to regain the lost area following the separation boundary between the island nation of Mauritus and Maldives has stated that the ruling of the International Tribunal for the Law of the Sea (ITLOS) regarding the maritime dispute between the two countries to confer the sovereign power of Chagos to Mauritius is not sound by international legal standards and stated that there are doubts on the implementation of this decision.
With the case submitted against Maldives by Mauritius last year, the ITLOS had concluded the issue with a large area conferred to Maldives. However, under the claim that the conduct of the former president, Ibrahim Mohamed Solih’s government had deprived Maldives of a portion of the country’s sea, the present administration has been making efforts to regain it as per their pledge to do so.
The “Vilares” committee formed to determine a course of action regarding this case had consulted two foreign experts on the matter.
A statement released by the Attorney General’s Office today stated that they have received the report compiled by the Vilares committee based on the advice provided by a King’s Counsel of England and a Maltese expert fluent in the Law of the Sea.
The statement further read that the most important matter noticed through the reports, documents and counsel was that the former government had acted very irresponsibly during the initial stages of the case upon the administration’s receival of the notice stating Mauritius had submitted an arbitration.
The AG’s Office had highlighted that due to the former President Ibrahim Mohamed Solih’s government failing to utilize many available defensive stances to protect the country’s most significant interests while the case was being proceeded at ITLOS, the present efforts to reclaim the area lost from the special economic zone has been faced with many obstructions.
AG’s statement further outlines that as the advisory opinion of the International Court of Justice (ICJ) that was taken into account for the final ruling of the case cannot be considered a decision that stipulates action under the international law and because Chagos remains outside the sovereign power of Mauritius, there are further actions that can be implored on in this case.
The experts’ counsel had highlighted that ITLOS’s decision is not a sound ruling by international law standards as the advisory opinion of the International Court of Justice (ICJ) that was taken into account for the final ruling of the case cannot be considered a decision that demands action under the international law and as Chagos remains outside the sovereign power of Mauritius.
“Experts had advised that it is legally questionable whether ITLOS is legally able to make a decision on this case and stated that for these reasons, there are obstructions for implementing the decision as it is,” AG office had stated.
The office had assured that the necessary work is being ensued to change the decision of ITLOS that was made under the international regulations based on these principals and also regain Maldives’ maritime area that the country had lost.
As stated by the Attorney General’s office, the decisions that must be made by the cabinet of ministers on the course of action for proceeding the case will be submitted to the cabinet with consultations from related experts.
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