On 22 April 2026, an Annex VII arbitral tribunal issued its Award in Ukraine v. Russian Federation, a major law-of-the-sea arbitration concerning coastal State rights in the Black Sea, the Sea of Azov, and the Kerch Strait. The arbitration was brought under the United Nations Convention on the Law of the Sea (“UNCLOS”), with the […]
Import of Sigma Constructores, S.A. v. Republic of Guatemala
The enforcement of arbitral awards against sovereign states in the United States is governed by a carefully structured statutory framework rooted in the New York Convention, and its implementation through Chapter 2 of the Federal Arbitration Act and the Foreign Sovereign Immunities Act of 1976 (FSIA). An arbitral award, although binding, does not automatically carry […]
ICJ Climate Advisory Opinion
On 23 July 2025, the International Court of Justice (ICJ) delivered its long-awaited Advisory Opinion Obligations of States in Respect of Climate Change.[1] The opinion is widely described as a “landmark”[2] because it does two things at once: (i) it clarifies what international law already requires of States on climate change, across multiple legal regimes, […]
Context in Treaty Interpretation
When addressing context in treaty interpretation, the primary point of reference is the Vienna Convention on the Law of Treaties (the “Vienna Convention”). The Vienna Convention was adopted on 23 May 1969 by the United Nations.[1] It entered into force for the original parties on 27 January 1980.[2] The Vienna Convention constitutes one of the most […]
Customary International Law and Investment Arbitration
Customary international law plays a significant role in investment arbitration disputes. Parties frequently rely on customary international law as a secondary source of law under a bilateral investment treaty (BIT) or a State contract. In some cases, arbitral tribunals have accepted a more prominent role of customary law, i.e., as a self-standing source of international […]