Article from: OGEL 1 (2011), in Nuclear Law and Policy
This contribution analyses the end of the MOX plant dispute, which was recently terminated by the UNCLOS Arbitral Tribunal. It is demonstrated that neither the ECJ nor the UNCLOS Arbitral Tribunal discussed the substance of the case, whereas they could and indeed should have done so. Consequently, the main question is still not answered whether or not the UK has violated its UNCLOS obligations (and EC law obligations) by the operation of the Sellafield MOX plant. It is argued that this is a very unsatisfying result, which has wasted lots of resources without delivering justice.