Cookies Policy
X

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

Muddling the Waters of Treaty Interpretation? Relevant Rules of International Law in the MOX Plant OSPAR Arbitration and EC – Biotech Case

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

This article addresses whether the decisions in the MOX Plant OSPAR Arbitration and the EC – Biotech Case clarify or obscure systemic integration of relevant rules of international law. The OSPAR award has clearly generated greater confusion, both formally and substantively, by not staying the proceedings or interpreting the OSPAR Convention in light of relevant rules of international and regional law. Similarly, the Panel in the EC – Biotech case broke from the progressive example in US – Shrimp in its reluctance to employ the different legal means for considering other international law. However, attempts to “cross-fertilise” treaties by reference to other rules of international law should not be pursued overzealously, as it may create resistance among states towards the development of international law.

Affiliations: 1: Gonville and Caius College, Cambridge University, UK

Loading

Full text loading...

/content/journals/10.1163/157181008x323957
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157181008x323957
Loading

Article metrics loading...

/content/journals/10.1163/157181008x323957
2008-08-01
2016-08-29

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation