This contribution explores whether and how international law applies to disputed maritime zones by examining the Falklands (Malvinas) dispute between the UK and Argentina as a case study. After briefly outlining some of the maritime aspects of the bilateral dispute, the article assesses whether a bilateral investment treaty between Argentina/the UK and the investor’s home State would cover investments located in the maritime areas adjacent to the Islands. In studying this issue, attention will be paid to, inter alia, the scope of treaties ratione loci, State practice in relation to overseas territories, the application of treaties to activities in the exclusive economic zone and the continental shelf, and select challenges that could arise in the context of investor-State arbitration.
Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.
Investments by foreign companies in the maritime areas of coastal states other than their state of incorporation has become widespread – be it in oil and gas, other mineral resources such as gems or precious metals, off-shore wind energy, aquaculture or fisheries. International investment agreements tend to cover foreign investments situated in the maritime areas of the host state, including in commercially important exclusive economic zones and on continental shelves. But can the same be said when the maritime area is subject to a rival claim of a neighbouring nation? The aim of this chapter is to take a closer look at this conundrum by focusing on two core themes: (a) the extent to which international investment law applies to investments located in contested waters; and (b) the procedural challenges that may arise in the context of investor-state dispute settlement involving such investments.
This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.
This book takes stock of the progress made thus far in the resolution of disputes concerning international watercourses and the oceans in addition to considering their future paths. Written by renowned academics and practitioners, the chapters of this edited collection enable the reader to reflect on the achievements and setbacks that characterize each field and their potential for cross-fertilization. An overview is presented of the various chapters contained within this book.