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EU’s 18th sanctions package takes aim at investor-State dispute settlement: another layer to the EU’s sanctions toolkit

On 18 July 2025, the European Union adopted its 18th package of economic and financial sanctions targeting Russia’s energy, banking and military sectors, as well as its trade with the EU. This package includes Council...more

International Court of Justice Advisory Opinion on the Obligations of States in respect of Climate Change: what it may mean for...

In a landmark advisory opinion dated 23 July 2025, the International Court of Justice (“ICJ”) has unanimously found that States are legally bound to protect the environment from greenhouse gas emissions (“Opinion”). We...more

Japanese investment in Africa: opportunities and risks in a dynamic political landscape

Japanese investment in Africa is gaining momentum, particularly in the mining and energy sectors. Diplomatic visits by Japanese leaders in 2023 and 2024 highlight this renewed commitment, emphasising the mutual benefits...more

Mining in Africa: Navigating risk amidst the wave of political change

The global energy transition means that demand for critical materials and minerals is on the rise. With significant quantities of the world’s metals and minerals located in Africa, mining companies must operate in a dynamic...more

EU Council approves a declaration on the application of international law to cyberspace

On 18 November 2024, the Council of the European Union (EU Council) approved the Declaration on a Common Understanding of International Law in Cyberspace (Declaration). The Declaration acknowledges the practical reality that...more

EU Member States reach agreement on ECT arbitration clause

On 26 June 2024, 26 EU Member States and the EU signed a declaration regarding the non-applicability of the investor-state arbitration clause in the ECT intra-EU (Declaration). The Declaration also sought to disapply the...more

United Kingdom to withdraw from the Energy Charter Treaty

On 22 February 2024, the Government of the United Kingdom (UK) announced that the UK would withdraw from the Energy Charter Treaty (ECT) after a recent failed attempt to modernise its text....more

Investment protection in the mining sector: A guide to protecting foreign investments in Tanzania

The mining sector is playing, and will continue to play, an essential role in the energy transition. As demand for critical metals and minerals continues to intensify, a significant increase in foreign investment is likely to...more

International Court of Justice clarifies rules on delimitation of maritime boundaries with significant impact

On 13 July 2023, the International Court of Justice (“ICJ” or the “Court”) in Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua...more

Agreement reached on new maritime biodiversity treaty

After nearly two decades of on-off negotiations, agreement was reached on March 4, 2023 on a draft agreement under the United Nations Convention on the Law of the Sea (“UNCLOS”) on the conservation and sustainable use of...more

The EU and the United Kingdom develop strategic partnerships with Canada on critical raw materials

Critical raw materials, such as rare earths, lithium and cobalt, are essential to the energy transition and to modern and green technologies. As States compete to secure these materials, there is an increasing importance to...more

Russia’s Purported Annexation of Parts of Eastern Ukraine Likely to Trigger Investment Treaty Claims Against Russia

On September 30, 2022, Russian President Vladimir Putin purported to annex four Ukrainian provinces: Luhansk, Donetsk, Kherson, and Zaporizhzhia. This escalation is likely to trigger investment treaty claims against Russia....more

An overview of the impact of Mexico's new Electric Power Industry Law on foreign investors operating in the power sector in Mexico

Disputes involving statutory and regulatory changes are traditionally subject to litigation before local courts or local administrative bodies. Nonetheless, international investment arbitration offers foreign investors an...more

Mission impossible? How to tackle "deepfakes" in international arbitration

In recent weeks, millions have watched videos that would appear to show actor Tom Cruise playing golf or performing magic tricks. To the naked eye, it would appear clear that Tom Cruise has simply decided to show off his...more

German court exercises universal jurisdiction: Implications for corporate criminal liability under international law

On 24 February 2021, the Higher Regional Court (Oberlandesgericht) of Koblenz sentenced a former Syrian secret police officer to a prison term of four and a half years for aiding and abetting crimes against humanity (judgment...more

Disputes against governments under investment treaties: a growing trend in the mining industry in 2020

A commitment of capital in a foreign state, particularly with long-term profit horizons, can be a risky undertaking. When a host state harms a foreign company's investment, the domestic legal system may not provide an...more

Beyond Brexit transition – bilateral investment treaties

Unlike the majority of EU Member States, the UK decided not to sign an agreement to terminate its intra-EU BITs earlier this year. Those treaties remain in force for the moment; however, infringement proceedings brought by...more

COVID-19: will State measures give rise to a new set of investment claims?

Governments around the world have responded to the COVID-19 pandemic with drastic, and at times divergent, measures that impact both the global economy at a macro level, and businesses in many sectors, at a micro level....more

Seminar round-up: Cybersecurity and the internet in International Investment Arbitration

On 11 April 2019 the Hogan Lovells International Arbitration team hosted a seminar on cybersecurity and the internet in International Investment Arbitration. It was a thoroughly interesting and informative session. ...more

CJEU judgment changes landscape for investor-State arbitration in the EU

On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV.  The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more

Enforcing awards against states – is it becoming more difficult?

Enforcing awards against states – is it becoming more difficult? Energy companies frequently face disputes against states. If successful in such disputes, claimants have to enforce the award or judgment against the state's...more

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