6 Geo. Int'l Envtl. L. Rev. 639 (1993-1994)
Carried by the Wind out to Sea - Ireland and the Isle of Man v. Sellafield: Anatomy of a Transboundary Pollution Dispute

handle is hein.journals/gintenlr6 and id is 647 raw text is: ... Carried By The Wind Out To Sea
Ireland and the Isle of Man v. Sellafield: Anatomy of
a Transboundary Pollution Dispute
TERRY HALL*
INTRODUCTION
The release and control of transboundary pollution has long held the
potential to create animosity between neighboring states.' The seriousness
of the issue has been recognized by the world community, and a number of
conventions2 have been adopted in an effort to prevent such problems from
arising. However sincere the intentions of signatories to these Conventions
are, the implementation of their provisions invariably must compete with
* B.A. in History, L.L.B. Murdoch University, Perth, Western Australia. The author is grateful to
Ms. Catherine Iorns, Lecturer in Law and Dr. Gary Meyers, Senior Lecturer in Law at Murdoch
University School of Law for their invaluable advice and assistance in the preparation of this article.
Thanks also to Murdoch University law librarians, Jean Kotai, Anne Greenshields and Susan
Mackay for their help and patience, and to my wife Kit and son Tim for their support and
understanding. The paper is dedicated to my mother, Agnes Hall - a truly wonderful woman.
The following is a glossary of acronyms and initialisms used through this article:
AGR     - Advanced Gas-Cooled Reactor.
BNFL -British Nuclear Fuels P/L.
EC      - European Community.
ECJ     - European Court of Justice.
Euratom - European Atomic Energy Community.
IAEA    - International Atomic Energy Agency.
ICJ     - International Court of Justice.
Magnox - Magnesium Oxide Fuelled Nuclear Reactor.
NIl     - Nuclear Installations Inspectorate.
NIA     - Nuclear Installations Act of 1965 (U.K.).
NIREX - Nuclear Industry Radioactive Waste Executive.
OR      - Official Reports of Dail Eireann.
RSA     - Radioactive Substances Act of 1960 (U.K.).
THORP - Thermal Oxide Reprocessing Plant.
UKAEA - United Kingdom Atomic Energy Authority.
1. E.g., the Trail Smelter Arbitration (US v. Canada) (1941) 3 RIAA 1905. Sulphur dioxide from
Canadian Smelter caused damage in U.S. The issue at Arbitration was the amount of compensation
payable, not liability, which Canada did not dispute. See C.E. Glinka, Global Imperative - an
Effective System of Resolution Techniques for International Environmental Disputes: The Canadian-
United States Example, 14 SUFFOLK TRANSNAT'L L.J. 127, 144 (Fall 1990).
2. 1972 U.N. Convention on the Prevention of Marine Pollution by Dumping of Wastes and other
Matter, 1046 U.N.T.S. 120 (1972) (Entered into Force 1975); 1982 United Nations Convention on
The Law of The Sea, 21 I.L.M. 1261 (1982); ECE Convention on Long-Range Transboundary Air
Pollution, 18 I.L.M. 1442 (1979) (Entered into Force 1983).

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