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 Law
Freya Baetens Gonville and Caius College, Cambridge University, UK

Search for other papers by Freya Baetens in
Current site
Google Scholar
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



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.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 299 59 0
Full Text Views 223 10 0
PDF Views & Downloads 141 16 0