The First MOX Plant Award: The Need to Harmonize Competing Environmental Regimes and Dispute Settlement Procedures

Yuval Shany*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

44 Scopus citations

Abstract

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.

Original languageAmerican English
Pages (from-to)815-827
Number of pages13
JournalLeiden Journal of International Law
Volume17
Issue number4
DOIs
StatePublished - Dec 2004

Keywords

  • arbitration
  • environmental law
  • international courts and tribunals
  • jurisdiction
  • self-contained regimes

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