This article explores the intersection between the UNCLOS and ISDS within the framework of international investment law. It examines how UNCLOS principles, designed to regulate ocean governance, are steadily becoming relevant in resolving disputes arising from foreign investments in functional maritime zones, including the EEZ and CS. Drawing on case law, the study analyses the potential challenges posed by the territorial application of BITs to offshore investments and the potential interpretative role of UNCLOS and the VCLT in addressing such complexities. Emphasizing the need for a balanced approach, it argues for the broad interpretation of “territory” in IIAs. Given that offshore investments continue to expand, this study concludes that UNCLOS is expected to play a significant role in shaping the future of international investment law and guiding arbitral tribunals in offshore disputes.
Murat Somer (Thu,) studied this question.