The MOX Plant judgment of the ECJ: How exclusive is the jurisdiction of the ECJ?

Abstract:

The European Court of Justice has tried to protect as much as possible 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, including international law aspects that are part of the Community legal order. This article outlines the MOX case and analyses 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 ECJ.