Can international investment agreements protect investments in non-territorial waters?—institutional foundations, jurisdictional analysis, and pathways for improvement
Journal: Frontiers in Marine Science
Year: 2025

The adoption of the United Nations Convention on the Law of the Sea (UNCLOS) and subsequent developments in State practice have prompted a growing number of International Investment Agreements (IIAs) to include "definition of territory clauses," extending their legal applicability beyond territorial waters. Yet the fragmented nature of the IIA regime has resulted in significant variations in the formulation and substantive scope of these provisions across different treaties. Concurrently, persis