Overview and Initial Proceedings |
The MOX Plant Case was the tenth case handled by the International Tribunal for the Law of the Sea. The MOX plant was located in Sellafield, Cumbria in the Irish Sea. Its objective was to “reprocess spent nuclear fuel, containing a mixture of plutonium dioxide and uranium dioxide, into a new fuel which is known as mixed oxide fuel, or MOX” (Press Release 59). After the power plant was installed and began operating, Ireland quickly became concerned with the safety and protection of their territory. Distribution of radioactive materials and the pollution of their sea lead the Irish government to file a formal complaint with the Tribunal. Filed on November 9th, 2001, the article requested that the United Kingdom “immediately ensure that there are no movement into or out of the waters over which it has sovereignty or exercises sovereign rights of any radioactive substances or materials or wastes which are associated with the operation of, or activities preparatory to the operation of the MOX plant; that the United Kingdom ensure that no action of any kind is taken which might aggravate, extend or render more difficult of solution the dispute submitted to the Annex VII tribunal; and that the United Kingdom ensure that no action is taken which might prejudice the rights of Ireland in respect of the carrying out of any decisions on the merits of the Annex VII tribunal may render” (Press Release 59). These demands were taken to the International court for further deliberation with the members of various organizations. During these hearings, Ireland “pointed out that the operation of the plant will contribute to the pollution of the Irish Sea and underlines the potential risks involved in the transportation of radioactive material to and from the plant” (Press Release 62). Ongoing arguing between the government officials of Ireland and the United Kingdom forced the Tribunal to reach a decision in a timely manner.
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Conclusion of Case |
On December 3rd, the International Tribunal delivered its order to both parties involved. The court “noted and placed on record the assurances given by the United Kingdom that there will be no additional marine transports of radioactive material either to or from Sellafield as a result of the commissioning of the MOX plant until summer of 2002” (Press Release 62). Due to the complexity of the justice system, the Tribunal prescribed a number of provisional measures which both sides were legally bound to follow. This measures stated, “Ireland and the United Kingdom shall cooperate and shall, for this purpose, enter into consultations forthwith in order to: exchange further information with regard to possible consequences for the Irish Sea arising out of the commissioning of the MOX plant; monitor risks or the effects of the operation of the MOX plant for the Irish Sea; and devise, as appropriate, measures to prevent pollution of the marine environment which might result from the operation of the MOX plant” (Press Release 62). While this was the final order given by the International Tribunal regarding this case, the case was not closed until 2008. Discussions between the two countries prohibited the end of the trial and allowed the court to intervene if necessary. On February 15th, 2007, Ireland “Formally withdrew its claim against the United Kingdom” (Hague Justice Portal). It was not until June 6th, 2008 that the Tribunal legally dismissed the case and terminated its proceedings.
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