Counterclaims in investment arbitration are gradually developing with the aim to counter environmental harm. The Energy Charter Treaty, as an investment agreement, falls short of offering this protection.
The United States confirmed that Depleted Uranium (DU) ammunitions were used in Syria. The use of such weapons has long been criticized for posing health risks to both combatants and civilians. What is the potential legal issues arising out of the use of DU in non-international armed conflicts?
With the pending case of Hanan v. Germany, the Grand Chamber has the opportunity to consider anew whether airstrikes fall within the jurisdiction of the Convention, and clarify – once and for all – that Member States cannot do abroad what they cannot do at home.