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, Jiries Saadeh on +44(0)203 889 9792, or Oonagh Sands on +44(0)203 889 9793 in the first instance.
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...
Read more »
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...
Read more »
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...
Read more »
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...
Read more »
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...
Read more »
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,...
Read more »
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...
Read more »
ICJ grants provisional measures instructing Russia to suspend military operations in Ukraine and the Council of Europe expels Russia
On 16 March 2022, the International Court of Justice (“ICJ” or “Court”) granted Ukraine’s request for provisional measures against the Russian Federation (“Russia”), ordering Russia immediately to suspend its military operations in the territory of Ukraine. The Court’s ruling stems from Ukraine’s 26 February institution of proceedings against Russia concerning a dispute relating to the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention” or “Convention”). Oral hearings, which Russia did not attend, took place on 7 March. On 16 March 2022, the Council of Europe (“Council”) also announced...
Read more »
ECtHR Grants Ukraine Urgent Interim Relief Against Russia and ICJ Sets Date for Emergency Provisional Measures Hearing
On 1 March 2022, the European Court of Human Rights (“ECtHR” or “Court”) granted Ukraine’s request for urgent interim measures against The Russian Federation (“Russia”). The Court’s ruling came one day after Ukraine filed an application in respect of “massive human rights violations being committed by the Russian troops in the course of the military aggression against the sovereign territory of Ukraine”. On the same day, the International Court of Justice (“ICJ”) announced it would hold public hearings in Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation). The...
Read more »
Ukraine Submits Application to the ICJ against Russia
On 27 February 2022, Ukraine filed an application instituting proceedings against The Russian Federation (“Russia”) before the International Court of Justice (“ICJ” or “Court”) in respect of “the interpretation, application and fulfilment of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide” (“Genocide Convention”). On the same day, Ukraine filed an application to the ICJ requesting provisional measures. Ukraine seeks to ground the Court’s jurisdiction on Article 36(1) of the ICJ Statute and Article IX of the Genocide Convention. [read more] According to Ukraine’s application, Russia “has falsely claimed that acts of genocide have occurred in...
Read more »