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

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.