Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.
Lessons from the Protracted Mox Plant Dispute: A Proposed Protocal on Marine Environmental Impact Assessment to the United Nations Convention on the Law of the Sea,
Mich. J. Int'l L.
Available at: http://repository.law.umich.edu/mjil/vol25/iss2/2