State to state claims

State to state dispute resolution in the UK Government’s White Paper: arbitration with a potential role for the CJEU

The White Paper published yesterday, “The Future Relationship between the United Kingdom and the European Union”, includes the UK Government’s proposal for the resolution of disputes between the UK and the EU under what the UK Government views as an … Continue reading

Leave a Comment

Filed under Brexit, EU, EU Law, Europe, State to state claims, Treaty negotiation, interpretation and impact, UK

ICJ determines first ever compensation claim for environmental harm

On 2 February 2018, the International Court of Justice (the “ICJ” or the “Court”) delivered judgment in the case concerning Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua), determining the amount of compensation due … Continue reading

Leave a Comment

Filed under Americas, Arbitration Proceedings, Award, Environment, ICJ, Latin America, State to state claims

State-to-State Dispute Settlement under the EU’s latest draft of the Withdrawal Agreement: CJEU jurisdiction remains

On 15 March 2018 the European Commission published a revised version of the draft Withdrawal Agreement between the EU and the UK previously published on 28 February 2018 following consultation with the Member States and the European Parliament. The revised … Continue reading

Leave a Comment

Filed under Brexit, EU, EU Law, Europe, State to state claims, UK

State-to-State dispute settlement under the EU’s draft Withdrawal Agreement: CJEU jurisdiction not arbitration

We have known for some time now that the UK and EU have very different views regarding the state-to-state dispute resolution mechanism to be contained in the Withdrawal Agreement between the EU and the UK. The EU has never made … Continue reading

Leave a Comment

Filed under Brexit, EU, Europe, Public International Law, State to state claims

PCA Tribunal rules on disputed Slovenia and Croatia land and maritime boundaries

In a long-running dispute, the Permanent Court of Arbitration (“PCA“) Tribunal has issued its Final Award. The Final Award, which runs to nearly 400 pages, determines disputed territorial and maritime boundaries between the Republic of Slovenia and the Republic of … Continue reading

Leave a Comment

Filed under Arbitration Proceedings, Award, Boundaries and Delimitation, EU, Europe, News, Public International Law, State to state claims

HSF Consultant Antonio Pastor’s book published: “The economic relevance of the settlement of maritime boundaries between States. The role of insular formations”

Herbert Smith Freehills' consultant Antonio Pastor is pleased to announced the release of his book  'Delimitation of maritime boundaries between states. Insular formations and low-tide elevations' (TIRANT LO BLANCH, Valencia, 2017). Commenting on the book, Antonio said: "There is an … Continue reading

Leave a Comment

Filed under Arbitration Proceedings, Boundaries and Delimitation, China, ITLOS, News, Oil & Gas, sovereignty, State to state claims, UNCLOS

Final Award published in the South China Sea arbitration

On 12 July 2016, the final Award in the arbitration between the Republic of the Philippines and The Peoples' Republic of China was issued by the Tribunal constituted under the United Nations Convention on the Law of the Sea ("UNCLOS"). … Continue reading

Leave a Comment

Filed under Award, Boundaries and Delimitation, China, South East Asia, sovereignty, State to state claims, Treaty negotiation, interpretation and impact, UNCLOS

Iran files case against the USA before the ICJ

In a press release published on 15 June 2016 (available here), the International Court of Justice ("ICJ") announced that Iran has instituted proceedings against the USA, in respect of alleged violations under the 1955 US-Iran Treaty of Amity, Economic Relations … Continue reading

Leave a Comment

Filed under ICJ, Iran, Middle East, Sanctions, State to state claims, US