The MOX Plant Case (Ireland-United Kingdom)

Overview of "The MOX Plant Case (Ireland-United Kingdom)"

Title: The MOX Plant Case (Ireland-United Kingdom) : Record of the Proceedings, 2001-2008

Author: Published by the Permanent Court of Arbitration, with an introduction by Nico Schrijver

Publication Details:

• Publisher: Permanent Court of Arbitration
• ISBN: 978-94-91021-01-5
• Pages: 222 pages
• Publication Year: 2010
• Price: EUR 20.00 (plus shipping costs)

Key Themes

1. International Environmental Dispute:

   • The book documents an international environmental dispute between Ireland and the United Kingdom concerning the authorization and operation of a Mixed Oxide (MOX) plant on the British coast of the Irish Sea.

2. Arbitral Proceedings:

   • The case involved arbitral proceedings initiated by Ireland under two different treaties in 2001. The proceedings were conducted under Annex VII of the United Nations Convention on the Law of the Sea, with the Permanent Court of Arbitration serving as the registry.

3. Fragmentation in International Law:

   • The introduction by Nico Schrijver addresses the contribution of the MOX Plant Case to international law and discusses the issue of fragmentation in international law, highlighting how different international courts and tribunals may interpret and apply the same legal principles differently.

4. Provisional Measures and Oral Arguments:

   • The book includes a detailed record of the proceedings, including the request for provisional measures filed by Ireland on November 9, 2001, and the subsequent oral arguments presented by both parties on November 19 and 20, 2001.

5. Judicial Participation:

   • The Tribunal did not include any member of Irish nationality, so Ireland appointed Mr. Alberto Székely, of Mexican nationality, to sit as a judge ad hoc. Mr. Székely was admitted to participate in the proceedings after making the solemn declaration required under article 9 of the Rules.

Plot Summary

The MOX Plant Case began with Ireland filing a request for provisional measures on November 9, 2001, under article 290, paragraph 5, of the Convention concerning the dispute over the MOX plant, international movements of radioactive materials, and the protection of the marine environment of the Irish Sea. The United Kingdom filed its statement in response on November 15, 2001. The Tribunal held its initial deliberations on November 18, 2001, and conducted four public sittings on November 19 and 20, 2001, to hear the oral arguments of both parties. The Tribunal delivered its Order in the case on December 3, 2001.

Critical Reception

Nico Schrijver's introduction provides a critical analysis of the case's contribution to international law, particularly focusing on the issue of fragmentation. However, there is no specific critical reception available in the provided sources regarding the book's overall impact or reception in academic circles.

Availability

The book is available for purchase through the International Bureau at the Permanent Court of Arbitration, with an electronic version accessible through www.kluwerarbitration.com.