The OSPAR Convention, the Aarhus Convention and EC Law: Normative and Institutional Fragmentation on the Right of Access to Environmental Information
THE INTERNATIONAL LAW AND POLICY OF MULTI-SOURCED EQUIVALENT NORMS, pp. 143-169, Y. Shany & T. Broude, Hart Publishing, 2011
28 Pages Posted: 29 Mar 2011
Date Written: March 27, 2011
This chapter discusses the proceeding under the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR), which formed part of the wider MOX Plant dispute, as a case study for identifying the existence of MSENs concerning the right to access to environmental information. It will subsequently analyze the extent to which MSENs create divergent rights and obligations for states that could lead to divergent or conflicting outcomes and ultimately to fragmentation. Accordingly, section II identifies the MSENs involved in this case study and discusses the substantive aspects of the right to access to environmental information. Based on that, section III examines how the OSPAR arbitral tribunal dealt with the MSEN issue.
Keywords: OSPAR, Aarhus, European law, environmental law, access to right to information, MOX plant, competing jurisdictions, arbitral tribunals
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