160
meanwhile, a different provisional measure.
11
In a subsequent Order n. 4 14
November 2003 it was decided to grant a further suspension “until the European
Court of Justice has given judgment or the Tribunal otherwise determines” by keeping untouched the provisional measures of the previous Order n. 3 which included
even those decided by ITLOS (“the suspension of the proceedings shall be without
prejudice to the continuation of the matters ordered in paragraphs 2, 5, 6 e 7 of the
dispositif of the Tribunal’s Order n. 3 of 24 June 2003…”).
12
After another Order, n.
5, where the Arbitral Tribunal will decide “until further notice” the suspension of
the Parties’ obligations deriving from previous orders on reports and information in
compliance with provisional measures affirmed, in the Order n. 6 (6 June 2008) it
declares the termination of the proceedings given the withdrawal of the claim (désistement) by Ireland.
13
11 PCA, MOX Plant Case (Ireland v. United Kingdom), Order n. 3—Suspension of proceedings on
Jurisdiction and Merits, and request for further provisional measures, 24 June 2003: “THE
TRIBUNAL, unanimously, pursuant to articles 1 and 8 of its Rules of Procedure and article 290 of
the Convention, makes the following Order: 1. Decides that further proceedings in the case are
suspended until not later than 1 December 2003; 2. Affirms the provisional measure prescribed by
ITLOS in its Order of 3 December 2001; 3. Rejects Ireland’s Request for Provisional Measures in
so far as concerns paragraphs (A) and (C) of the Request; 4. Decides, insofar as concerns paragraph (B) of the Request, having regard to the considerations referred to in paragraphs 64 to 67
above, that no further order is required as to co-operation and the provision of information at this
stage; 5. Calls on the Parties, pending the final decision of the Tribunal, to ensure that no action is
taken by either Party which might aggravate or extend the dispute submitted to the Tribunal; 6.
Requests the Parties to take such steps as are open to them separately or jointly to expedite the
resolution of the outstanding issues within the institutional framework of the European
Communities; and to notify the Tribunal and each other of all relevant developments; 7. Decides,
(a) that no later than 12 September 2003, Ireland and the United Kingdom shall each submit to the
Tribunal and to the other Party an initial report and information on compliance with the provisional
measure affirmed, and the recommendations made in paragraph 67 above, by the Tribunal in the
present Order; (b) that subject to any further order of the Tribunal, not later than 17 November
2003, a further report and information on compliance shall be submitted; and (c) to keep under
review the possible need for further measures in this connection; and 8. Instructs the Registrar to
provide a copy of this Order to the European Commission”.
12 PCA, MOX Plant Case, Order n. 4—Further Suspension of proceedings on Jurisdiction and
Merits, 14 November 2003, para. 1 a) and b): “The Arbitral Tribunal … Having regard to the letter
dated 21 October 2003 from the Agent of Ireland with which Ireland informed the Tribunal that the
College of Commissioners of the European Community decided on 15 October 2003 to authorise
the institution of proceedings against Ireland in respect of Community law issues, and that Ireland
expected that proceedings would accordingly issue within the next week or very shortly thereafter;
Having regard to the statement by the Agent of Ireland that ‘it is apparent that the resolution of the
Community law issues will have to await a decision of the European Court of Justice’; Having
regard to Ireland’s application, in the Agent’s letter dated 21 October 2003, to the Tribunal to suspend the hearings in the proceedings until the European Court of Justice has given judgment in the
matter; Having ascertained the views of the parties; 1. Decides that a) further proceedings in the
case shall remain suspended until the European Court of Justice has given judgment or the Tribunal
otherwise determines b) the suspension of the proceedings shall be without prejudice to the continuation of the matters ordered in paragraphs 2, 5, 6 e 7 of the dispositif of the Tribunal’s Order n.
3 of 24 June 2003…”.
13 PCA, MOX Plant Case, Order n. 5—Suspension of periodic Reports by Parties, 22 January 2007,
para. 1 a) and b): “The Arbitral Tribunal … 1. Decides that a. the obligation on the Parties to submit
A. Cannone
meanwhile, a different provisional measure.
11
In a subsequent Order n. 4 14
November 2003 it was decided to grant a further suspension “until the European
Court of Justice has given judgment or the Tribunal otherwise determines” by keeping untouched the provisional measures of the previous Order n. 3 which included
even those decided by ITLOS (“the suspension of the proceedings shall be without
prejudice to the continuation of the matters ordered in paragraphs 2, 5, 6 e 7 of the
dispositif of the Tribunal’s Order n. 3 of 24 June 2003…”).
12
After another Order, n.
5, where the Arbitral Tribunal will decide “until further notice” the suspension of
the Parties’ obligations deriving from previous orders on reports and information in
compliance with provisional measures affirmed, in the Order n. 6 (6 June 2008) it
declares the termination of the proceedings given the withdrawal of the claim (désistement) by Ireland.
13
11 PCA, MOX Plant Case (Ireland v. United Kingdom), Order n. 3—Suspension of proceedings on
Jurisdiction and Merits, and request for further provisional measures, 24 June 2003: “THE
TRIBUNAL, unanimously, pursuant to articles 1 and 8 of its Rules of Procedure and article 290 of
the Convention, makes the following Order: 1. Decides that further proceedings in the case are
suspended until not later than 1 December 2003; 2. Affirms the provisional measure prescribed by
ITLOS in its Order of 3 December 2001; 3. Rejects Ireland’s Request for Provisional Measures in
so far as concerns paragraphs (A) and (C) of the Request; 4. Decides, insofar as concerns paragraph (B) of the Request, having regard to the considerations referred to in paragraphs 64 to 67
above, that no further order is required as to co-operation and the provision of information at this
stage; 5. Calls on the Parties, pending the final decision of the Tribunal, to ensure that no action is
taken by either Party which might aggravate or extend the dispute submitted to the Tribunal; 6.
Requests the Parties to take such steps as are open to them separately or jointly to expedite the
resolution of the outstanding issues within the institutional framework of the European
Communities; and to notify the Tribunal and each other of all relevant developments; 7. Decides,
(a) that no later than 12 September 2003, Ireland and the United Kingdom shall each submit to the
Tribunal and to the other Party an initial report and information on compliance with the provisional
measure affirmed, and the recommendations made in paragraph 67 above, by the Tribunal in the
present Order; (b) that subject to any further order of the Tribunal, not later than 17 November
2003, a further report and information on compliance shall be submitted; and (c) to keep under
review the possible need for further measures in this connection; and 8. Instructs the Registrar to
provide a copy of this Order to the European Commission”.
12 PCA, MOX Plant Case, Order n. 4—Further Suspension of proceedings on Jurisdiction and
Merits, 14 November 2003, para. 1 a) and b): “The Arbitral Tribunal … Having regard to the letter
dated 21 October 2003 from the Agent of Ireland with which Ireland informed the Tribunal that the
College of Commissioners of the European Community decided on 15 October 2003 to authorise
the institution of proceedings against Ireland in respect of Community law issues, and that Ireland
expected that proceedings would accordingly issue within the next week or very shortly thereafter;
Having regard to the statement by the Agent of Ireland that ‘it is apparent that the resolution of the
Community law issues will have to await a decision of the European Court of Justice’; Having
regard to Ireland’s application, in the Agent’s letter dated 21 October 2003, to the Tribunal to suspend the hearings in the proceedings until the European Court of Justice has given judgment in the
matter; Having ascertained the views of the parties; 1. Decides that a) further proceedings in the
case shall remain suspended until the European Court of Justice has given judgment or the Tribunal
otherwise determines b) the suspension of the proceedings shall be without prejudice to the continuation of the matters ordered in paragraphs 2, 5, 6 e 7 of the dispositif of the Tribunal’s Order n.
3 of 24 June 2003…”.
13 PCA, MOX Plant Case, Order n. 5—Suspension of periodic Reports by Parties, 22 January 2007,
para. 1 a) and b): “The Arbitral Tribunal … 1. Decides that a. the obligation on the Parties to submit
A. Cannone