Belinda Mcmahon – författare

With a Foreword by Tjaco T. van den Hout, Secretary-General of the Permanent Court of Arbitration and an Introduction by V.V. Veeder Q.C.The Bank for International Settlements Arbitration (2002 and 2003) concerned the compensation to be paid for privately held shares recalled by the Bank for International Settlements on 8 January 2001. The issues in dispute included the lawfulness of the recall of the shares and the applicable standards for valuation of those shares, the adequacy of the amount paid by the Bank for International Settlements for the recalled shares, and the amount of compensation to be paid. The Tribunal’s awards contribute greatly to existing jurisprudence on matters such as valuation of an expropriated asset, the award of interest, and the right to damages for breach of an arbitration agreement where one party seeks to bring a claim on the merits before a domestic court.This bi-lingual edition contains the official English version ofthe awards rendered in the Bank for International Settlements Arbitration, together with the Tribunal’s French translation of the awards. A stimulating and lively introduction is provided by V.V. Veeder Q.C., who appraises the contribution of the awards to international law.

With an Introduction by Colin Warbrick, Professor of Public International Law at the University of Birmingham, UK and a Foreword by Tjaco T. van den Hout, Secretary-General of the Permanent Court of ArbitrationThe Iron Rhine Arbitration (or “IJzeren Rijn” as it is known in Dutch) (2005) decided a dispute between the Kingdom of Belgium and the Kingdom of The Netherlands concerning the reactivation of the Iron Rhine railway linking the Port of Antwerp, Belgium, to the Rhine Basin in Germany across certain parts of Dutch territory. The Arbitral Tribunal was called upon to interpret nineteenth century treaties, which granted certain rights to Belgium on the territory of The Netherlands, and to consider the entitlement of The Netherlands to insist on conditions specified under Dutch law, particularly with respect to environmental protection, for reactivation of the railway.This unique bi-lingual edition comprises the official English versionof the Award rendered in the Iron Rhine Arbitration, and a French translation. In a perceptive introduction, Colin Warbrick, Professor of Public International Law at the University of Birmingham, has considered the Award in the context of its contribution to international and European Community law issues. As Professor Warbrick remarks, the significance of this case will extend far beyond the interests of the two States involved.

With an Introduction by Professor Laurence Boisson de ChazournesThe “Rhine Chlorides” Arbitration (2004), one of the few international watercourse arbitrations yet conducted, decided the dispute between the Netherlands and France concerning the auditing of accounts in relation to the reduction of chloride discharges into the Rhine River. France was obliged to undertake certain measures under the Additional Protocol of 1991 to the 1976 Convention on the Protection of the Rhine against Pollution by Chlorides, with the costs to be shared between four of the five states parties (The Netherlands, Switzerland, Luxembourg and Germany) according to a specific formula. The Arbitral Tribunal was required to interpret and implement this formula and determine the methodology of calculation to be used in the final auditing of financial contributions paid in advance by The Netherlands to France.The Award was rendered in French, and thisunique bi-lingual edition includes its first, unofficial, English translation. An introduction by Professor Laurence Boisson de Chazournes skillfully analyses the Award, discussing the aspects of treaty interpretation that came into play and highlighting the importance of the economic aspects of environmental protection and of the management of international watercourses.

The OSPAR Arbitration (2003) between Ireland and the United Kingdom was the first round in the MOX Plant case concerning their dispute over alleged potential radioactive pollution of the Irish Sea from a mixed oxide (“MOX”) fuel plant at the Sellafield nuclear facility in England.This volume contains the Final Award of the Arbitral Tribunal established pursuant to the dispute resolution procedures of the 1992 Convention for the Protection of the Marine Environment of the North-East Atlantic (“OSPAR Convention”), to decide the dispute concerning Ireland’s request for access to information about the United Kingdom’s decision to commission the MOX plant under Article 9 of the Convention. Ireland requested access to material deleted from the published versions of certain reports prepared as part of the approval process for the MOX plant. The United Kingdom declined to provide the information requested, arguing, among other things, that the information was properly withheld on commercial confidentiality grounds.The Arbitral Tribunal addressed a relatively narrow legal issue concerning information exchange between States. In doing so, the Tribunal considered the nature and duty of the right to access to information, and the relationship of the OSPAR regime to other legal rules on access to information.Daniel Bodansky, Woodruff Professor of International Law at the University of Georgia, provides a perceptive introduction on the contribution of the OSPAR Award to international law.

Over the decade December 1999 to August 2009, fifteen arbitral tribunals and commissions for which the Permanent Court of Arbitration (PCA) in The Hague provided registry services rendered thirty-one public awards and decisions. These arbitrations have all addressed matters of international significance, such as, inter alia, State sovereignty, the interpretation of treaties, the delimitation of land and maritime boundaries, the laws of armed conflict (jus in bello and jus ad bellum), human rights, the law of the sea, environmental law, and the protection of foreign investors. They include four arbitrations brought under Annex VII of the 1982 United Nations Convention of the Law of the Sea; the recently concluded arbitration between the Government of Sudan and the Sudan People’s Liberation Movement/Army; and the two commissions established by the December 2000 peace agreement signed by Eritrea and Ethiopia, the Eritrea-Ethiopia Boundary Commission and the Eritrea-Ethiopia Claims Commission.This volume contains detailed, concise summaries of those thirty-one awards, and a critical analysis of the PCA’s contribution to international law and international dispute resolution by Professor J.G. Merrills, Professor of International Law at the University of Sheffield, United Kingdom. The book is edited by former PCA legal staff, Belinda Macmahon and Fedelma Claire Smith.This collection will be an invaluable research tool for academics and practitioners of public international law and related disciplines, and for anyone wishing to gain an insight into the work of the PCA in recent years.

The Barbados/Trinidad and Tobago Arbitration Award (2006) is the first ever rendered in a maritime delimitation submitted to arbitration pursuant to Annex VII of the 1982 United Nations Convention of the Law of Sea.The Arbitral Tribunal was called upon to decide the delimitation of the exclusive economic zone and continental shelf in the Caribbean Sea region that separates the two island nations. The Final Award establishes a single maritime boundary between Barbados and Trinidad and Tobago and also requires the two States to take steps to conserve fish stocks and ensure certain fishing rights of Barbadian fishermen who had traditionally fished in Trinidad and Tobago waters.Bernard Oxman, the Richard A. Hausler Professor of International Law at the University of Miami, provides an insightful introduction on the contribution of the Award to the law of maritime delimitation.