On 11 April 2025, the African Society of International Law and SLV Partners organized a panel on “Navigating disputes in times of conflict – Focus on Africa”.
Prof. Nicolas Angelet addressed the topic of “Natural Resources, Peremptory Norms of International Law, and Arbitration” and argued that investment tribunals should more openly engage with issues of general international law, the law of armed conflict and peremptory norms of international law.
The application of investment treaties in the presence of violations of peremptory norms of international law should be confronted with the obligation of non-recognition, as some authors have argued, but also with the prohibition to render aid or assistance in maintaining the unlawful situation.
While non-recognition may militate against considering that occupied territory qualifies as territory of the occupying power for the purpose of investment protection, the obligation not to aid or assist in maintaining the unlawful situation may, by contrast, militate in favour of holding the occupying power responsible under investment law.