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Law - International, Foreign and Comparative Law | The OSPAR Arbitration (Ireland – United Kingdom) - Award of 2003

The OSPAR Arbitration (Ireland – United Kingdom)

Award of 2003

McMahon, Belinda (Ed.)

1st Edition., 140p.

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  • About this book

FOREWORD This volume contains the Award of the Arbitral Tribunal established under the dispute resolution provisions of the 1992 Convention for the Protection of the Marine Environment of the North-East Atlantic (“OSPAR Convention”), to consider an international environmental dispute between Ireland and the United Kingdom which dates back to the early 1990s. The dispute concerns alleged potential radioactive pollution of the Irish Sea from a mixed oxide (“MOX”) manufacturing plant at Sellafield, England. The OSPAR Arbitration was the first round of the notable MOX Plant Case. Ireland commenced arbitral proceedings against the United Kingdom under two different treaties in 2001. Both arbitrations were administered by the Per- nent Court of Arbitration (“PCA”). The first – the OSPAR Arbitration – was initiated in June of that year on the ground that the United Kingdom had failed to provide access to certain information regarding its decision to commission the MOX plant, in breach of Article 9 of the OSPAR Convention. The second arbitration – the MOX Plant Case – was brought under Annex VII of the United Nations Convention on the Law of the Sea (“UNCLOS”) in October, and concerned the authorization and operation of the MOX Plant. The dispute also gave rise to proceedings in which Ireland requested provisional measures from the International Tribunal for the Law of the Sea pending constitution of the UNCLOS tribunal, as well as infringement proceedings brought by the European Comm- sion against Ireland before the European Court of Justice.

Content Level » Professional/practitioner

Keywords » Arbitration - Environmental law - International Treaties - Law of the Sea - OSPAR Convention - Permanent Court of Arbitration

Related subjects » International, Foreign and Comparative Law

Table of contents 

Introduction: The “OSPAR” Arbitration (Ireland-United Kingdom).- Final Award of the Arbitral Tribunal.- Declaration of W. Michael Reisman.- Dissenting Opinion of Gavan Griffith QC.

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