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The OSPAR Arbitration (Ireland - United Kingdom) - Award of 2003 (Hardcover)
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The OSPAR Arbitration (Ireland - United Kingdom) - Award of 2003 (Hardcover)
Series: Permanent Court of Arbitration Award Series, 5
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The OSPAR Arbitration (2003) between Ireland and the United Kingdom
was the first round in the MOX Plant case concerning their dispute
over alleged potential radioactive pollution of the Irish Sea from
a mixed oxide ("MOX") fuel plant at the Sellafield nuclear facility
in England. This volume contains the Final Award of the Arbitral
Tribunal established pursuant to the dispute resolution procedures
of the 1992 Convention for the Protection of the Marine Environment
of the North-East Atlantic ("OSPAR Convention"), to decide the
dispute concerning Ireland's request for access to information
about the United Kingdom's decision to commission the MOX plant
under Article 9 of the Convention. Ireland requested access to
material deleted from the published versions of certain reports
prepared as part of the approval process for the MOX plant. The
United Kingdom declined to provide the information requested,
arguing, among other things, that the information was properly
withheld on commercial confidentiality grounds. The Arbitral
Tribunal addressed a relatively narrow legal issue concerning
information exchange between States. In doing so, the Tribunal
considered the nature and duty of the right to access to
information, and the relationship of the OSPAR regime to other
legal rules on access to information. Daniel Bodansky, Woodruff
Professor of International Law at the University of Georgia,
provides a perceptive introduction on the contribution of the OSPAR
Award to international law.
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