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.
The ICJ rules on land and maritime dispute between Equatorial Guinea and Gabon
On 19 May 2025, the International Court of Justice (the “ICJ” or “Court”) issued its judgment in Land and Maritime Delimitation and Sovereignty over Islands, between the Gabonese Republic (“Gabon”) and the Republic of Equatorial Guinea (“Equatorial Guinea”). In November 2016, Gabon and Equatorial Guinea (the “Parties”) entered into a Special Agreement that submitted to the ICJ their dispute on “delimitation of their common maritime and land boundaries”, as well as “sovereignty over” Mbanié/Mbañe, Cocotiers/Cocoteros and Conga, which are off the west coast of Africa (the “Islands”). The Court had to determine “whether the legal titles, treaties and international conventions...
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ICJ declines jurisdiction in Sudan v. UAE
On 5 May 2025, the International Court of Justice (the “ICJ” or “Court”) rejected the request for provisional measures by the Republic of the Sudan (“Sudan”) against the United Arab Emirates (“UAE”). The Court also removed the case from its General List. The case arose in the context of an ongoing conflict in Sudan that broke out in April 2023 between the Sudanese Armed Forces and a paramilitary organisation known as the “Rapid Support Forces” (the “RSF”), as well as armed groups aligned with them. In its Application instituting proceedings, Sudan argued that the UAE had violated its obligations under...
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China-Venezuela BIT enters into force: a look at China’s evolving investment treaty practices
Before the launch of the “Belt and Road Initiative”, the People’s Republic of China (“China”) had been largely seen as a capital-importing State. With the initiative’s implementation, China has increasingly taken on the role of a capital-exporting State. To reflect its dual role in global investment flows, China has concluded new bilateral investment treaties (BITs) and has modernised its existing BITs. This new generation of Chinese BITs features broader access to investor-State dispute settlement, more precise definitions of “investor” and “investment”, more clarity on investment protection standards, alongside an emphasis on the host State’s right to regulate. Prominent examples include...
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Contracting Parties approve amendments to the Energy Charter Treaty
On 3 December 2024, the Energy Charter Conference adopted and approved the amendments to the Energy Charter Treaty (“ECT”), commonly referred to as the “Modernised ECT”. The Modernised ECT provides for substantive and procedural changes that will impact foreign direct investment and investor-State dispute settlement. Right to regulate: The Modernised ECT reinforces the Contracting Parties’ commitment to environmental protection and explicitly acknowledges their right to regulate. A new Article 19 bis outlines a general commitment by Contracting Parties to honour their obligations under the UN Framework Convention on Climate Change and the Paris Agreement. Definition of protected investors: Entities must...
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The UK and Mauritius reach political agreement on the Chagos Archipelago
On 3 October 2024, following two years of negotiations and judicial proceedings in various fora, the United Kingdom (the “UK”) and the Republic of Mauritius (“Mauritius”) jointly announced that they had reached a political agreement on the exercise of sovereignty over the Chagos Archipelago. The agreement is subject to finalisation of a treaty and supporting legal instruments, which both States have committed to complete as soon as possible. The Chagos Archipelago consists of a number of coral atolls and islands in the Indian Ocean, with Diego Garcia being the largest island. Between 1814 and 1965, the UK administered the Chagos...
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ITLOS delivers unanimous advisory opinion on obligations of UNCLOS Parties to confront climate change
On 21 May 2024, the International Tribunal for the Law of the Sea (the “ITLOS”) delivered its advisory opinion on the obligations of State Parties to the UN Convention on the Law of the Sea (“UNCLOS” or the “Convention”) concerning climate change. The opinion addressed two interconnected questions: (a) the specific obligations of UNCLOS Parties to prevent, reduce and control pollution of the marine environment caused by greenhouse gas (“GHG”) emissions; and (b) the specific obligations of UNCLOS Parties to protect and preserve the marine environment in relation to climate change impacts, including ocean warming, sea level rise, and ocean acidification. On the first question, in...
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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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