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1 Appleby, T. (2015) Governance in the marine environment. In: Conference Proceedings, Sustaining Partnerships : A Conference on Conservation and Sustainability in the UK Overseas Territories, Crown Dependencies and other small island communities, Gibraltar, 11 to 15 July Available from: We recommend you cite the published version. The publisher s URL is: Refereed: No This is a preliminary version, to be published in proceedings published by UK Overseas Territories Conservation Forum, Disclaimer UWE has obtained warranties from all depositors as to their title in the material deposited and as to their right to deposit such material. UWE makes no representation or warranties of commercial utility, title, or fitness for a particular purpose or any other warranty, express or implied in respect of any material deposited. UWE makes no representation that the use of the materials will not infringe any patent, copyright, trademark or other property or proprietary rights. UWE accepts no liability for any infringement of intellectual property rights in any material deposited but will remove such material from public view pending investigation in the event of an allegation of any such infringement. PLEASE SCROLL DOWN FOR TEXT.

2 Governance in the Marine Environment Dr Tom Appleby Blue Marine Foundation / UKOTCF UWE, Bristol

3 Public Space cc licence SuziCatherine

4 Chagos Marine Reserve shall have due regard to the rights and duties of other States

5 The Importance of stories

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8 Wording of wikileak [Colin Roberts] asserted that establishing a marine park would, in effect, put paid to resettlement claims of the archipelago s former residents Anon., (2 December 2010) US Embassy Cables: Foreign Office does not regret evicting Chagos Islanders The Guardian. Available from:

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10 Where did this go wrong? cc licence Stuart Anthony

11 Read the wording of the following slide carefully

12 There is established for the BIOT a marine reserve known as the Marine Protected Area, within the Environment (Protection and Preservation) Zone which was proclaimed on 17 th September Within the said Marine Protected Area, Her Majesty will exercise sovereign rights and jurisdiction enjoyed under international law., with regard to the protection and preservation of the environment of the Marine Protected Area and the implications for fishing and other activities in the Marine Protected Area and the Territory will be addressed in future legislation of the Territory. British Indian Ocean Territory Proclamation No.1 1 st April 2010

13 What does this Proclamation do?

14 Legals Article 192 UNCLOS States have the obligation to protect and preserve the marine environment Article 56 UNCLOS sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, shall have due regard to the rights and duties of other States

15 Chagos Marine Protected Area Arbitration 2015 Majority Decision (3/5) 2010 Declaration recommended to be set aside Historic access rights of Mauritians acknowledged ( estoppel ) but could be barred with appropriate conversation Chagossian removal and detachment of Archipelago legally disabled ( undivided realm )

16 Final verdict Everyone lost the court case

17 Recommendations It is not enough to just do the conservation science The legal landscape needs to be fully understood Historic access rights Relations with neighbouring states Need to understand decision-making framework of natural resource management and play by those rules Most importantly tell a complete story to avoid becoming the narrative in other people s tales