The MOX Plant Case (Ireland v. United Kingdom), Provisional Measures

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”.

On 9 November 2001, a Request for the prescription of provisional measures, pending the constitution of the arbitral tribunal provided for in Annex VII to the Convention, was filed with the Registry of the Tribunal by Ireland, pursuant to article 290, paragraph 5, of the Convention concerning the “dispute” between Ireland and the United Kingdom “concerning the MOX plant, international movements of radioactive materials, and the protection of the marine environment of the Irish Sea”. A copy of a document dated 25 October 2001 instituting arbitral proceedings against the United Kingdom was appended to the Request. Ireland’s Request was entered in the List of cases as Case No. 10.

By Order dated 13 November 2001, the President of the Tribunal fixed 19 and 20 November 2001 as the dates for the hearing.

The United Kingdom filed its Statement in Response on 15 November 2001.

Since the Tribunal did not include any member of Irish nationality, Ireland appointed Mr. Alberto Székely, of Mexican nationality, to sit as judge ad hoc. Mr. Székely was admitted to participate in the proceedings as judge ad hoc after having made the solemn declaration required under article 9 of the Rules at a public sitting of the Tribunal held on 18 November 2001.

Prior to the opening of the oral proceedings, the Tribunal held its initial deliberations on 18 November 2001.

In four public sittings held on 19 and 20 November 2001, the Tribunal heard the oral arguments of each of the Parties. In their concluding statements, the representatives of the parties read their final submissions.

On 3 December 2001, the Tribunal delivered its Order in the case.

Institution of Proceedings

• Request for Provisional Measures and Statement of Case submitted by Ireland

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Written Proceedings

• Written Response of the United Kingdom

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Oral Proceedings

Verbatim Records

• ITLOS/PV.01/06 -19 November 2001 a.m.
• ITLOS/PV.01/07 – 19 November 2001 p.m.
• ITLOS/PV.01/08 – 20 November 2001 a.m.
• ITLOS/PV.01/09 – 20 November 2001 p.m.

Minutes

• Minutes of public hearings (original language) in accordance with article 86 of the Rules of the Tribunal

Questions to the Parties

• List of questions to the Parties
• Response from Ireland to questions posed by the Tribunal
• Letter from the United Kingdom commenting on Ireland’s response to the Tribunal’s questions

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Final Submissions

• Final Submissions of Ireland
• Final Submissions of the United Kingdom

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Orders

• Order 2001/5 of 13 November 2001
• Order of 3 December 2001
  • Joint declaration of Judges Caminos, Yamamoto, Park, Akl, Marsit, Eiriksson and Jesus
  • Separate opinion of Vice-President Nelson
  • Separate opinion of Judge Mensah
  • Separate opinion of Judge Anderson
  • Separate opinion of Judge Wolfrum
  • Separate opinion of Judge Treves
  • Separate opinion of Judge Jesus
  • Separate opinion of Judge ad hoc Székely

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Press Releases

• ITLOS/Press 59: The MOX Plant Case (Ireland v. United Kingdom)/Request for provisional measures submitted by Ireland
• ITLOS/Press 60: Hearing to commence on 19 November 2001 at 10:00 in The MOX Plant Case (Ireland v. United Kingdom)/Swearing-in ceremony of Judge ad hoc Alberto Székely
• ITLOS/Press 61: Order to be delivered in The MOX Plant Case on Monday, 3 December 2001, at 11 a.m.
• ITLOS/Press 62: Order in The MOX Plant Case (Ireland v United Kingdom)