Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Abstract

Nine investment tribunals may have to determine whether Crimea constitutes Russian or Ukrainian territory under international law. This should create some discomfort, as investment tribunals arguably should not have the power to settle territorial sovereignty disputes. This Article explores the merits of two preliminary objections to claims concerning investments on disputed territory: the doctrine of indispensable parties and the doctrine of indispensable issues.