The MOX Plant judgment of the ECJ: How exclusive is the jurisdiction of the ECJ?
Article Abstract:
The MOX case is used to analyze the high price which would have to be paid for the limitation of the freedom of the Member States to select the dispute settlement system of their choice and by the limitation of the exercise of the jurisdiction of the other international courts and tribunals to provide the maximum protection of the exclusive jurisdiction of the European Court of Justice (ECJ). The ECJ tried to protect its exclusive jurisdiction by making clear to the Member States that it is the only and final dispute settlement body that has the jurisdiction to adjudicate on all aspects of Community law.
Publication Name: European Environmental Law Review
Subject: Law
ISSN: 0966-1646
Year: 2006
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Concurrence of jurisdiction between the ECJ and other international courts and tribunals
Article Abstract:
The increasing possibility of the same environmental dispute coming before an international court/tribunal and the ECJ at the same time is the result of the expanding jurisdiction of the ECJ. The implications of such a situation where conflicting judgments regarding the same issue could be rendered are discussed in the light of two developments in international law.
Publication Name: European Environmental Law Review
Subject: Law
ISSN: 0966-1646
Year: 2005
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The EU Directive on Port Reception Facilities: A case study in the development of an EU environmental directive
Article Abstract:
An analysis of the European Union Directive on Port Reception Facilities is presented which was developed as a result of a number of major oil spills in European waters. The development of Directive 2000/59/EC is also examined in light of the Common Policy, setting it within the decision making process of the EU.
Publication Name: European Environmental Law Review
Subject: Law
ISSN: 0966-1646
Year: 2006
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