Investment tribunals adjudicating claims relating to occupied territories – curse or blessing?
Year: 2020

Investment tribunals give effect to the obligation of non-recognition in a better way when they affirm jurisdiction than if they were to decline jurisdiction. The case before the Swiss Federal Tribunal also illustrates quite well the potential implications of the tribunals’ decisions for the Russian-Ukrainian territorial conflict that is at the bottom of the investment disputes. The earlier illustrated decisions and the idea to apply investment treaties in occupied or annexed territories have in