Here we publish news and analysis by Fietta’s lawyers on recent developments in public international law and investment treaty arbitration. You can also 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 Oonagh Sands on +44(0)203 889 9793 in the first instance.
ICJ rules on delimitation of the continental shelf between Nicaragua and Colombia
On 13 July 2023, the International Court of Justice (the “ICJ” or the “Court”) issued its judgment in the case concerning Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast (Nicaragua v. Colombia), instituted by Nicaragua against Colombia on 16 September 2013. Nicaragua requested the Court to delimit the boundaries between, on the one hand, the continental shelf of Nicaragua beyond the 200-nautical-mile (“nm”) limit from the baselines from which the breadth of the territorial sea of Nicaragua is measured and, on the other hand, the continental shelf of...
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ITLOS delimits maritime boundary in Mauritius v. Maldives
On 28 April 2023, a special chamber of the International Tribunal for the Law of the Sea (the “Special Chamber”) issued its merits judgment in the Dispute concerning delimitation of the maritime boundary in the Indian Ocean between the Republic of Mauritius (“Mauritius”) and the Republic of Maldives (the “Maldives”). Mauritius had instituted proceedings before an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (“UNCLOS”), after which the parties agreed to transfer the case to the Special Chamber (the “Special Agreement”). Ruling unanimously, the Special Chamber delimited a single maritime boundary...
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UN General Assembly passes resolution requesting ICJ advisory opinion on States’ obligation on climate change
On 29 March 2023, the United Nations General Assembly (UNGA) adopted a resolution seeking an International Court of Justice (ICJ) advisory opinion on the obligations of States to combat climate change. The resolution was initiated by the Government of Vanuatu and co-sponsored by more than 130 States (see Figure below). The UNGA Resolution takes note of the scientific consensus on human-induced climate change, recognises climate change as an unprecedented challenge to the present and future generations of humankind, and recalls previous resolutions and decisions relating to the protection of the global climate and the human right to a clean, healthy,...
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New UNCLOS agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
On 4 March 2023, at an inter-governmental conference in the United Nations’ headquarters in New York, delegates agreed the text of a legally-binding instrument under the United Nations Convention on the Law of Sea (“UNCLOS”) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the “BBNJ Agreement” or “Treaty”). The BBNJ Agreement marks the culmination of nearly two decades of preparatory work and is the third implementing agreement under UNCLOS. The objective of the BBNJ Agreement is “to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for...
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International Court of Justice orders provisional measures against Azerbaijan
On 22 February 2023, the International Court of Justice (the “ICJ” or the “Court”) ruled on the most recent provisional measures applications by both the Republic of Armenia (“Armenia”) and the Republic of Azerbaijan (“Azerbaijan”) in the cases Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia v. Azerbaijan) and (Azerbaijan v. Armenia). The ICJ granted one of Armenia’s three requests, ordering Azerbaijan to ensure the free movement of persons, vehicles, and goods across the Lachin Corridor, which connects Armenia with the Nagorno-Karabakh region. The Court dismissed both of Azerbaijan’s requests. On 16...
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Commission of Small Island States on Climate Change and International Law seeks advisory opinion from the ITLOS
On 12 December 2022, the International Tribunal for the Law of the Sea (the “ITLOS”) registered a request for an advisory opinion from the Commission of Small Island States on Climate Change and International Law (the “COSIS”). The COSIS was established as an international organisation pursuant to the 2021 Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law (the “Climate Commission Agreement”). Current COSIS Members are Antigua and Barbuda, Tuvalu, the Republic of Palau (subject to approval under its internal law), Niue, the Republic of Vanuatu, and Saint Lucia. The Climate Commission...
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ICJ upholds jurisdiction in The Gambia v. Myanmar
On 22 July 2022, the International Court of Justice (the “ICJ” or “Court”) upheld jurisdiction in the case Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), dismissing all four preliminary objections raised by Myanmar. The Gambia instituted proceedings in 2019, arguing that Myanmar had violated the Convention on the Prevention and Punishment of the Crime of Genocide (the “Genocide Convention”) through its treatment of members of the Rohingya group that resides primarily in Myanmar’s Rakhine State. In January 2020, the Court unanimously prescribed provisional measures, which, inter alia, required Myanmar...
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ICJ rules on the latest instalment of Nicaragua v. Colombia
On 21 April 2022, the International Court of Justice (the “ICJ” or “Court”) issued its merits ruling in Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea, brought by Nicaragua against Colombia. The Court upheld most of Nicaragua’s claims, ruling that Colombia had violated Nicaragua’s sovereign rights and jurisdiction in Nicaragua’s exclusive economic zone (“EEZ”). The ICJ upheld one of Colombia’s counter-claims and dismissed the other. [Read more] The case stems from the Court’s 2012 ruling in Territorial and Maritime Dispute (Nicaragua v. Colombia), which awarded Colombia sovereignty over certain maritime features in the Caribbean Sea and...
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Canada, Denmark and Greenland agree land and maritime boundaries in the Arctic
On 14 June 2022, Canada, Denmark and the Danish semi-autonomous territory of Greenland signed an agreement delimiting territorial and maritime boundaries in the Arctic (the “Boundary Agreement”). The Boundary Agreement resolved the long-standing territorial sovereignty dispute over Hans Island, as well as the continental shelf boundary between Canada and Denmark within and beyond 200 nautical miles. [Read more] First, the Boundary Agreement creates a territorial boundary between Greenland and Canada on Hans Island (also known as Tartapaluk) in the Nares Strait. The boundary follows a natural ravine that runs north to south across the length of the island. During negotiations,...
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ICSID Member States approve amended rules and regulations
In late March 2022, the International Centre for Settlement of Investment Disputes (“ICSID”) announced that its Administrative Council, comprising 156 Member States, had approved the amendments to ICSID Rules and Regulations (including Arbitration Rules) as submitted for vote in January 2022. The amended Rules and Regulations will come into effect on 1 July 2022. The amended ICSID Arbitration Rules cover topics such as third-party funding, claims with a “manifest lack of legal merit”, security for costs, expedited proceedings, arbitrator appointment and disqualification, a tribunal’s first session and deliberations, filing methods, time limits for awards, as well as publication of arbitration...
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