Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Ireland v United Kingdom (Mox Plant) Case: Applying the Doctrine of Treaty Parallelism

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of The International Journal of Marine and Coastal Law

This article analyses the 2001 Mox Plant (Provisional Measures) Order - the second instance of ITLOS acting under the innovatory LOSC Article 290(5) - pending the establishment of the Annex VII Mox Plant Arbitral Tribunal. An OSPAR Mox Plant Arbitration is also pending. The article analyses key aspects of the 2001 Order including the low thresholds for prima facie jurisdiction and the fundamental requirement of urgency, the distinctive treatment of "substantive" and "procedural" rights and the basis for the tribunals reliance on the precautionary principle, which is in the regional treaties concerned, but not in the LOSC. These issues are scrutinized in the light of the application of the doctrine of treaty parallelism as expounded by the 2000 Southern Bluefin Tuna (Jurisdiction and Admissibility) Award. The article argues that the legitimacy of the Order could have been increased had ITLOS defined the Mox Plant dispute as an EU-law centered dispute, and it concludes with the hope that the Mox Plant case will provide an incentive for the European Community as party to LOSC to give closer and constructive consideration to its policy on the settlement of ocean and other environmental disputes.

Affiliations: 1: International Law of the Sea, Deputy Director of NILOS, Utrecht University


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The International Journal of Marine and Coastal Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation