Lawfare in Crimea: treaty, territory, and investor–state dispute settlement
Journal: Arbitration International
Year: 2022

Abstract In this paper—adapted from a lecture given at Koç University Law School—I describe how investor–state dispute settlement (‘ISDS’) can form part of an international lawfare strategy. Unlike other forms of international dispute settlement, the questions of territorial sovereignty that the weaker party to an international conflict may wish to have answered in its favour may (treaty drafting depending) be firmly within the incidental jurisdiction of an ISDS tribunal, making such a tribunal