You can follow our ‘PIL Latest’ alerts via the firm’s LinkedIn page. Should you wish to discuss any of these developments, please contact Stephen Fietta on +44(0)203 889 9801 or Jiries Saadeh on +44(0)203 889 9792 in the first instance.

UN General Assembly adopts resolution to negotiate legally binding instrument on conservation and sustainable use of the high seas

On 24 December 2017, the UN General Assembly adopted a resolution to convene an intergovernmental conference, under the auspices of the United Nations, for conclusion of an international legally binding instrument on the “conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction”. The instrument, if concluded, will be the first major...

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Tribunal revives suspended ICSID arbitration against Laos following “material breach” of settlement agreement

On 15 December 2017, an ICSID tribunal decided that Laos had “materially breached” a settlement agreement relating to its treaty dispute with the Dutch claimant, Lao Holdings N.V.  The “material breach” of the settlement agreement permitted the tribunal to “revive” the previously-suspended ICSID arbitration between the parties. On 14 August 2012, Lao Holdings initiated an...

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Contrasting awards around Venezuela’s ICSID denunciation

In a series of recent awards, ICSID tribunals have adopted contrasting (and apparently irreconcilable) approaches to Venezuela’s denunciation of the ICSID Convention.  Venezuela denounced the Convention on 24 January 2012 and the denunciation took effect six months later, on 25 July 2012.  The denunciation triggered a number of new claims against Venezuela between 24 January...

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Mauritius Convention on Transparency in Investor-State arbitration enters into force

Mauritius Convention on Transparency in Investor-State arbitration enters into force

On 18 October 2017, the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (the “Mauritius Convention”) entered into force after being ratified by Canada, Mauritius and Switzerland. Adopted on 10 December 2014, the Mauritius Convention aims to facilitate the application of the 2014 UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.  Under the Convention,...

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Niue and Chile announce the creation of new marine protected areas at the 2017 "Our Ocean" conference

Niue and Chile announce the creation of new marine protected areas at the 2017 “Our Ocean” conference

On 5 October 2017 at the Our Ocean conference hosted by the European Union in Malta, the Government of Niue announced the creation of a marine protected area (MPA) encompassing 40% of the country’s Exclusive Economic Zone (EEZ).  At the same conference, the Government of Chile announced the creation of three new MPAs, bringing the...

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ITLOS Special Chamber delivers its judgment on the delimitation of the maritime boundary between Ghana and Côte d’Ivoire

ITLOS Special Chamber delivers its judgment on the delimitation of the maritime boundary between Ghana and Côte d’Ivoire

On 23 September 2017, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) delivered its judgment in the Dispute concerning delimitation of the maritime boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire).  The Special Chamber, which was formed at the request of the Parties, was composed...

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Advocate General of the European Court of Justice issues opinion on compatibility of intra-EU investor-State dispute resolution with EU law

Advocate General of the European Court of Justice issues opinion on compatibility of intra-EU investor-State dispute resolution with EU law

On 19 September 2017, Advocate General Wathelet issued an Opinion that the investor-State dispute settlement (“ISDS”) mechanisms in bilateral investment agreements between EU Member States (so-called “intra-EU BITs”) are compatible with the EU legal system.  The Opinion is part of a case (C-284/16) referred to the European Court of Justice (“ECJ”) for preliminary ruling by...

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Australia and Timor-Leste reach agreement on maritime boundary delimitation in the Timor Sea

Australia and Timor-Leste reach agreement on maritime boundary delimitation in the Timor Sea

On 1 September 2017, Australia and Timor-Leste reached an agreement on the central elements of a maritime boundary delimitation between them in the Timor Sea.  The agreement was facilitated by the Conciliation Commission constituted pursuant to Annex V of UNCLOS to oversee conciliation between the two States. The recent breakthrough follows confidential meetings between the...

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United Kingdom publishes paper on resolution of disputes with EU after Brexit

United Kingdom publishes paper on resolution of disputes with EU after Brexit

On 23 August 2017, the United Kingdom Department for Exiting the European Union (DexEU) published its “Enforcement and dispute resolution – a future partnership paper”.  The policy paper puts forward a number of proposals for the future resolution and enforcement of disputes between the United Kingdom and the European Union that will replace the direct...

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

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. The dispute dates back to 1991 when the two republics of...

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