Muddling the Waters of Treaty Interpretation? Relevant Rules of International Law in the MOX Plant OSPAR Arbitration and EC – Biotech Case
In: Nordic Journal of International LawSearch for other papers by Freya Baetens in
Current site
Google Scholar
Abstract
This article addresses whether the decisions in the MOX Plant OSPAR Arbitration and the EC – Biotech Case clarify or obscure systemic integration of relevant rules of international law. The OSPAR award has clearly generated greater confusion, both formally and substantively, by not staying the proceedings or interpreting the OSPAR Convention in light of relevant rules of international and regional law. Similarly, the Panel in the EC – Biotech case broke from the progressive example in US – Shrimp in its reluctance to employ the different legal means for considering other international law. However, attempts to “cross-fertilise” treaties by reference to other rules of international law should not be pursued overzealously, as it may create resistance among states towards the development of international law.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 341 | 69 | 2 |
| Full Text Views | 227 | 9 | 1 |
| PDF Views & Downloads | 153 | 19 | 3 |
Muddling the Waters of Treaty Interpretation? Relevant Rules of International Law in the MOX Plant OSPAR Arbitration and EC – Biotech Case
In: Nordic Journal of International LawSearch for other papers by Freya Baetens in
Current site
Google Scholar
PubMed
Abstract
This article addresses whether the decisions in the MOX Plant OSPAR Arbitration and the EC – Biotech Case clarify or obscure systemic integration of relevant rules of international law. The OSPAR award has clearly generated greater confusion, both formally and substantively, by not staying the proceedings or interpreting the OSPAR Convention in light of relevant rules of international and regional law. Similarly, the Panel in the EC – Biotech case broke from the progressive example in US – Shrimp in its reluctance to employ the different legal means for considering other international law. However, attempts to “cross-fertilise” treaties by reference to other rules of international law should not be pursued overzealously, as it may create resistance among states towards the development of international law.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 341 | 69 | 2 |
| Full Text Views | 227 | 9 | 1 |
| PDF Views & Downloads | 153 | 19 | 3 |