TY - JOUR
T1 - The First MOX Plant Award
T2 - The Need to Harmonize Competing Environmental Regimes and Dispute Settlement Procedures
AU - Shany, Yuval
PY - 2004/12
Y1 - 2004/12
N2 - The MOX Plant award, rendered on 3 July 2003, contributes to elucidation of the right of access to environmental information under the OSPAR Convention. However, the ‘self-contained’ vision of the OSPAR Convention embraced by the majority on the panel – rejecting in effect the relevance of competing international environmental regimes and dispute settlement procedures – deserves criticism. First of all, it leads to the establishment of a more limited right of access to environmental information under the OSPAR Convention than is recognized under other arrangements. It also represents an approach which might exacerbate the fragmentation of an increasingly complex body of international law.
AB - The MOX Plant award, rendered on 3 July 2003, contributes to elucidation of the right of access to environmental information under the OSPAR Convention. However, the ‘self-contained’ vision of the OSPAR Convention embraced by the majority on the panel – rejecting in effect the relevance of competing international environmental regimes and dispute settlement procedures – deserves criticism. First of all, it leads to the establishment of a more limited right of access to environmental information under the OSPAR Convention than is recognized under other arrangements. It also represents an approach which might exacerbate the fragmentation of an increasingly complex body of international law.
KW - arbitration
KW - environmental law
KW - international courts and tribunals
KW - jurisdiction
KW - self-contained regimes
UR - http://www.scopus.com/inward/record.url?scp=85009619152&partnerID=8YFLogxK
U2 - 10.1017/S0922156504002237
DO - 10.1017/S0922156504002237
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AN - SCOPUS:85009619152
SN - 0922-1565
VL - 17
SP - 815
EP - 827
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
IS - 4
ER -
