29 Mart 2024 RELEVANCE OF OTHER RULES OF INTERNATIONAL LAW IN INVESTMENT ARBITRATION: THE CASE OF PETERIS PILDEGOVICS AND SIA NORTH STAR V. NORWAY
On the 22nd of December 2023, an ICSID tribunal rendered its award in the case of Peteris Pildegovics and Sia North Star v. Kingdom of Norway. The case is of particular interest insofar as it focuses on the interaction among different branches of international law, namely investment law and the law of the sea. This post discusses the relevance of other rules of international law, i.e., provisions contained in treaties other than the applicable investment agreement and/or rules of customary international law, for investor-State proceedings. In particular, it highlights whether and to what extent an arbitral tribunal can consider the rules enshrined in the United Nation Convention on the Law of the Sea (UNCLOS) to determine a violation of an investment agreement.
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