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Tribunal renders its “Final Award” in the Croatia and Slovenia territorial and maritime dispute

On 29 June 2017, the tribunal rendered its “Final Award” in an arbitration concerning a territorial and maritime dispute between Croatia and Slovenia.  Croatia had withdrawn from the arbitration process in 2015 and has stated that it does not recognise the award as binding.

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English High Court rejects Micula’s application for security as a condition of the stay of enforcement of an ICSID award

The proceedings in the English courts arise out of an ICSID award, in which the tribunal ordered that Romania pay the claimants compensation for Romania’s violations of the Sweden-Romania BIT.  On 17 October 2014, the award was registered in the English High Court pursuant to the Arbitration (International Investment Disputes) Act 1966.

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ICSID tribunal accepts jurisdiction in Beijing Urban Construction Group Co. Ltd. v. Republic of Yemen

On 31 May 2017, an ICSID tribunal accepted jurisdiction over a claim brought by a Chinese company, Beijing Urban Construction Group Co. Ltd. (BUCG), against the Republic of Yemen under the Yemen-China BIT (the BIT).

 

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United States announces future withdrawal from Paris Agreement on climate change

On 1 June 2017, President Trump announced that the United States would withdraw from the Paris Agreement on climate change.  Pursuant to the Agreement, the withdrawal will take effect on or around 5 November 2020.

 

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International Court of Justice orders Pakistan to stay execution

The International Court of Justice (the ICJ or Court) has issued a unanimous Order that Pakistan take all measures at its disposal to ensure that an Indian national, Kulbhushan Jadhav, is not executed pending a final decision in the proceedings.

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EU Member States must individually ratify investor-State dispute settlement

The European Court of Justice (ECJ) has found that EU member States must individually ratify any EU trade agreements that provide for investor-State dispute settlement.

 

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European Court of Human Rights finds that Russia’s handling of 2004 Beslan school siege violated victims’ right to life

On 13 April 2017, the First Section of the European Court of Human Rights found that Russia had violated Article 2 of the European Convention on Human Rights (the right to life) by failing to take adequate action to prevent the 2004 Beslan school siege in which 330 people lost their lives and over 750 people were injured. It also found that the Russian State forces’ use of excessive force in the rescue operation contributed to the high casualties among the hostages.

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ICSID ad hoc Committee annuls quantum-related aspects of the Award in Venezuela Holdings, B.V. et al v. the Bolivarian Republic of Venezuela

On 9 March 2017, an ICSID ad hoc Committee annulled certain quantum-related parts of the Award rendered on 9 October 2014 in an investment arbitration between five Exxon subsidiaries and the Bolivarian Republic of Venezuela under the Netherlands-Venezuela BIT.

 

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Hearing on merits held in the Ghana/Côte d’Ivoire maritime boundary delimitation case

The hearing on the merits in the Dispute concerning delimitation of the maritime boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire) was held at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg between 6 and 16 February 2017.  Pursuant to its Rules, ITLOS published the Parties’ written pleadings in the case on the opening of the oral proceedings.

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ICJ dismisses Kenya’s preliminary objections in maritime delimitation dispute with Somalia

On 2 February 2017, the International Court of Justice (ICJ) dismissed Kenya’s preliminary objections in the Maritime Delimitation in the Indian Ocean (Somalia v. Kenya) case and determined that it could proceed to the merits of the dispute.

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