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Paris Arbitration Week 2025

By Conference, News

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.

Improving Access to Justice for All

By Conference

On 7 and 8 March, the Belgian Presidency of the Council of European Union organised the 7th intersessional meeting of UNCITRAL: United Nations Commission on International Trade Law Working Group III on the reform of investor-state dispute settlement. On 7 March, I had the pleasure to chair the introductory panel on “Improving Access to Justice for All” together with WGIII Rapporteur Natalie Y. Morris-SharmaUNCTAD‘s Vincent M. Beyer, professor Catharine Titi and ClientEarth‘s Amandine Van Den Berghe.

Our panel discussed how efficiency, legal certainty and the preservation of host states’ policy space can contribute to ‘justice’, and how the various measures proposed in WG III, ranging from a standing mechanism over an advisory centre on ISDS, counterclaims, non-disputing party interventions, amicus curiae interventions, to mediation, etc., can improve access to ISDS.

My congratulations and gratitude to Belgium’s Bernard QuintinChristophe PayotLaurence BielenGauthier Masco, and to UNCITRAL WGIII’s driving forces Shane SpelliscyNatalie Y. Morris-SharmaAnna Joubin-BretJae Sung Lee, Judith Knieper, Corentin BasléHana Doumal, and so many other delegates and experts.