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Provisional Measures, or the Dangers of Being Too Exceptional

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Chapter Summary

The interim measures of protection indicated by the Law of the Sea Tribunal in the mixed oxide (MOX) Plant case seems to have conciliated the exceptional character of such measures with the imperative of preserving the procedural rights of Ireland and the marine environment of the Irish Sea from serious harm. The concept of "irreparable prejudice" as a necessary requisite for the indication of an interim measure of protection should be extended to cover situations where, without this indication, restitution in favour of the prima facie injured State would become impossible or too onerous. This chapter highlights that the Law of the Sea Tribunal, by giving the interim measure of protection, has contributed to a better understanding of the nature of such measures.

Keywords: Law of the Sea (LOS) Tribunal; marine environment; mixed oxide (MOX) Plant case



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