Chapter 7 Parallel Proceedings Arising from Uncertain Territorial and Maritime Boundaries
In: Investments in Conflict ZonesPurchase instant access (PDF download and unlimited online access):
Abstract
Through an investment protection treaty, a state generally asserts its sovereignty and accords protection to those investments within its territory. As defined in many investment treaties, such ‘territory’ includes land and territorial seas, as well as exclusive economic zones and continental shelves. Yet, the scope of such territorial and maritime boundaries is not always perfectly defined. There remain many uncertain territorial and maritime boundary disputes in the world. As a result, parallel proceedings may arise, involving related factual and legal issues. Should procedural rules be developed to harmonize parallel international proceedings? This chapter examines the procedural principles regarding indispensable third parties, res judicata, abuse of process, international comity, and the continuing development of the definition of a dispute in the context of uncertain territorial and maritime boundaries.