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Forum shopping between UNCLOS arbitration and EC adjudication - And the winner "should be" the ECJ!
Journal
European Law Reporter (ELR)
ISSN
1028-9690
ISSN-Digital
www.elr.lu, http://www.eur.unisg.ch/org/eur/web.nsf/SysWebRessources/ELR_2006_06/$FILE/Ausgabe_2006_nr06.pdf
Type
journal article
Date Issued
2006-07-01
Author(s)
Semmelmann, Constanze
Abstract
http://www.eur.unisg.ch/org/eur/web.nsf/SysWebRessources/ELR_2006_06/$FILE/Ausgabe_2006_nr06.pdf
case note C-459/03
Ireland and the United Kingdom (UK) disagreed on the lawfulness of certain measures taken by the UK with regard to a so-called MOX plant, situated in the Northwest of England, on the coast of the Irish Sea. Ireland cited a number of breaches of obligations relating to the protection of the maritime environment of the Irish Sea laid down in the Convention of the Protection of the Marine Environment of the North-East Atlantic and the UN Convention on the Law of the Sea which have at least partly become an integral part of the EC legal order. Art. 292 EC establishes exclusive jurisdiction of the Community dispute settlement mechanims regarding disputes involving the interpretation and application of EC law. Instead of initiating an action based on Art. 227 EC, Ireland relied in the present case on arbitral tribunals whose constitution is provided for by the two Conventions. The question arose as to whether this constitutes a risk to the autonomy and the exclusive character of the EC jurisdictional system and thus, for the EC legal order.
case note C-459/03
Ireland and the United Kingdom (UK) disagreed on the lawfulness of certain measures taken by the UK with regard to a so-called MOX plant, situated in the Northwest of England, on the coast of the Irish Sea. Ireland cited a number of breaches of obligations relating to the protection of the maritime environment of the Irish Sea laid down in the Convention of the Protection of the Marine Environment of the North-East Atlantic and the UN Convention on the Law of the Sea which have at least partly become an integral part of the EC legal order. Art. 292 EC establishes exclusive jurisdiction of the Community dispute settlement mechanims regarding disputes involving the interpretation and application of EC law. Instead of initiating an action based on Art. 227 EC, Ireland relied in the present case on arbitral tribunals whose constitution is provided for by the two Conventions. The question arose as to whether this constitutes a risk to the autonomy and the exclusive character of the EC jurisdictional system and thus, for the EC legal order.
Language
English
Keywords
international courts
forum shopping
overlapping jurisdictions
UNCLOS
European Communities
fragmentation of international law
HSG Classification
contribution to scientific community
Refereed
No
Publisher
Radical Brain
Publisher place
Luxembourg
Number
6
Start page
234
Subject(s)
Eprints ID
29773