The Epilogue in the Mox Plant Dispute: An End Without Findings
European Energy and Environmental Law Review, June 2009
8 Pages Posted: 7 Jul 2009 Last revised: 5 Aug 2009
Date Written: June 1, 2009
This paper analyses the end of the MOX plant dispute, which was recently terminated by the UNCLOS Arbitral Tribunal. It is demonstrated that neither the ECJ nor the UNCLOS Arbitral Tribunal discussed the substance of the case. Consequently, the question is still not answered whether or not the UK violated its UNCLOS obligations (and EC law obligations) by the operation of the Sellafield MOX plant. So, at the end no justice has been delivered after many years of litigation.
Keywords: MOX plant, UNCLOS, arbitral tribunal, ECJ, Art. 292 EC
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