Energy and international boundaries

Martin, Tim

doi:10.4337/9781781002209.00016

Cited by 5 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…If anything, foreign companies contemplating investments in contested maritime areas are well-advised to reflect upon these legal risks as part of their due diligence process. 106…”

Section: Discussionmentioning

confidence: 99%

Applying International Investment Law to Disputed Maritime Zones: A Case Study of the Falklands (Malvinas)

Benatar

2015

Hague Yearbook of International Law / Annuaire De La Haye De Droit International, Vol. 28 (2015)

View full text Add to dashboard Cite

This contribution explores whether and how international law applies to disputed maritime zones by examining the Falklands (Malvinas) dispute between the UK and Argentina as a case study. After briefly outlining some of the maritime aspects of the bilateral dispute, the article assesses whether a bilateral investment treaty between Argentina/the UK and the investor's home State would cover investments located in the maritime areas adjacent to the Islands. In studying this issue, attention will be paid to, inter alia, the scope of treaties ratione loci, State practice in relation to overseas territories, the application of treaties to activities in the exclusive economic zone and the continental shelf, and select challenges that could arise in the context of investor-State arbitration.

show abstract

“…If anything, foreign companies contemplating investments in contested maritime areas are well-advised to reflect upon these legal risks as part of their due diligence process. 106…”

Section: Discussionmentioning

confidence: 99%