A standing investment court is a permanent tribunal currently being conceived by States to decide investor-State disputes. Its members would be appointed in advance, and cases would be assigned to them from a fixed bench. The concern is that this could concentrate decision-making power in a small group of State-appointed judges while reducing the parties’ […]
International Treaties
Jurisdiction Ratione Temporis: When Does Treaty Protection Apply?
An investment treaty does not confer jurisdiction over every dispute merely because arbitration is commenced while the treaty is in force. Jurisdiction ratione temporis in investment treaty arbitration determines whether the challenged State conduct and, where the treaty so provides, the dispute itself fall within the treaty’s temporal scope. Temporal issues commonly arise, for instance, […]
Indonesia’s New Commodity Export Regime: Resource Nationalism and International Arbitration
On 20 May 2026, Indonesia issued Government Regulation No. 24/2026 (PP No. 24/2026) (unofficial English translation here) on the Governance of Exports of Strategic Natural Resource Commodities (“Regulation”), which entered into force on 1 June 2026.[1] Under the Regulation, Strategic Natural Resource Commodities may only be exported by a State-owned enterprise (“SOE”) appointed by the […]
Context in Treaty Interpretation
When addressing context in treaty interpretation, the primary point of reference is the Vienna Convention on the Law of Treaties (the “Vienna Convention”). The Vienna Convention was adopted on 23 May 1969 by the United Nations.[1] It entered into force for the original parties on 27 January 1980.[2] The Vienna Convention constitutes one of the most […]
