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International Tribunal for the Law of the Sea (ITLOS): The Mox Plant Case (Ireland v. United Kingdom)

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 41 , Issue 2 , March 2002 , pp. 405 - 437
Copyright
Copyright ©American Society of International Law 2002

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References

Endnotes

* This document was reproduced and reformatted from the text appearing at the ITLOS website (visited March 19, 2002) http://www.itlos.org.

1 Interhandel Case, l.C.J. Reports 1957, p. 105, at pp. 118-119.

2 l.C.J. Reports 1991, p. 12, at p. 20, paragraph 38.

3 Ibid., paragraph 35.

4 I.C.J. Reports 1984, p. 392, at p. 424

5 Draft article 1, in Report of the ILC (2001), paragraph 93. According to draft article 3, “The State of origin shall take all appropriate measures to prevent transboundary harm or at any event to minimize the risk thereof.” 5ITLOS/PV.01/06, p. 28.

7 Request for provisional measures, paragraph 10, citing the “Stoa Report”.)

8 R.G. Hartnold, “The Irish Sea,” in C.R.C. Sheppard (Ed.) Seas at. the Millennium: An Environmental Evaluation (2000), Vol. I, Preface to Chapter 6.

9 An account of the discussions on what became article 123 is to be found in the Virginia Commentary: see Nandan and Rosenne (Eds.), UN Convention on the Law of the Sea, A Commentary, Volume III; at pp. 356ff.

10 Information is posted on <http://www.dep.no/md/nsc/>

11 The Irish Sea is ICES Statistical Area Vila.

12 As to which, see Report 9-5 in Charney and Alexander (eds.), International Maritime Boundaries (1993), Vol. II, p. 1767.

13 Including, seemingly, even vessels which complied fully with internationally agreed standards applicable to such vessels, notably the INF Code under the SOLAS Convention.