{"title":"Reviving the Monetary Gold Principle? A Case Note on the Judgment of Preliminary Objections in the Mauritius/Maldives Case","authors":"Xu Qi","doi":"10.1080/00908320.2023.2175751","DOIUrl":null,"url":null,"abstract":"Abstract In the 2021 Mauritius/Maldives (preliminary objections) case, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) rejected Maldives’ first and second preliminary objections to jurisdiction, which were based on the Monetary Gold principle. However, the Special Chamber’s reasoning regarding the Monetary Gold principle in this case is questionable. This article discusses the application of the principle in this case. After introducing the background to the maritime delimitation dispute between Mauritius and Maldives, this article explores the evolving jurisprudence of the Monetary Gold principle and its constitutive elements. It goes on to analyze the application of the Monetary Gold principle in the Mauritius/Maldives case and criticizes the Special Chamber’s approach, arguing that the Maldives’ first and second preliminary objections should have been upheld.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"4 1","pages":"1 - 25"},"PeriodicalIF":1.3000,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ocean Development and International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/00908320.2023.2175751","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract In the 2021 Mauritius/Maldives (preliminary objections) case, the Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) rejected Maldives’ first and second preliminary objections to jurisdiction, which were based on the Monetary Gold principle. However, the Special Chamber’s reasoning regarding the Monetary Gold principle in this case is questionable. This article discusses the application of the principle in this case. After introducing the background to the maritime delimitation dispute between Mauritius and Maldives, this article explores the evolving jurisprudence of the Monetary Gold principle and its constitutive elements. It goes on to analyze the application of the Monetary Gold principle in the Mauritius/Maldives case and criticizes the Special Chamber’s approach, arguing that the Maldives’ first and second preliminary objections should have been upheld.
期刊介绍：
Ocean Development and International Law is devoted to all aspects of international and comparative law and policy concerning the management of ocean use and activities. It focuses on the international aspects of ocean regulation, ocean affairs, and all forms of ocean utilization. The journal publishes high quality works of scholarship in such related disciplines as international law of the sea, comparative domestic ocean law, political science, marine economics, geography, shipping, the marine sciences, and ocean engineering and other sea-oriented technologies. Discussions of policy alternatives and factors relevant to policy are emphasized, as are contributions of a theoretical and methodological nature.
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