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Human rights and environmental law group has no significant interest in the dispute
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Petitioners can bring specific insight on factual issues, but arbitrators will be sufficiently briefed on legal issues by the parties’ teams of experienced counsel
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Applicable ICSID arbitration rule only contemplates filing of written submission
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ICJ considered that cumulative appreciation of evidence is irrelevant when individual documents do not support applicant’s claim
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General obligation to settle dispute by peaceful means does not entail specific obligation to negotiate
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Legitimate expectations do not form part of general international law
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ICJ reaffirmed ‘strict’ notion of estoppel and rejected Bolivia’s argument due to lack of detrimental reliance by the state
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No acquiescence in relation to statements by Bolivia that did not require reaction by Chile
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Chilean letters and declarations express willingness to enter into negotiations, but do not contain a unilateral undertaking
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Court saw no intention to create obligation to negotiate in bilateral exchanges between Chile and Bolivia
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Existence of obligation to negotiate should emerge from objective elements
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Obligation to negotiate does not imply obligation to reach an agreement
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ICJ finds that subject-matter of the dispute is not covered by Pact of Bogotá’s exclusion clause
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Background: Bolivia took Chile to the ICJ, seeking renegotiation of sovereign access to Pacific Ocean
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Agreement on exchange of information between parallel tribunals results in analogous decisions on transparency
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Tribunal takes note of withdrawal of interim measures’ request, deferring decision on costs to later stage of arbitration
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Assurances provided by Ecuador are satisfactory, meaning that provisional measures are not urgent
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Court has the power to order provisional measures; test includes verifying whether requested measures are urgent
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Background: Threats of violence against Mexican embassy and infiltration of the embassy following asylum request by former Vice President of Ecuador trigger ICJ claim
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Peru is entitled to costs in the absence of any “reasonable basis” for the claim
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No need to consider contribution to host state’s economy
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Kaloti did not assume investment risk
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Tribunal sees no operational profit
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Duration requirement is not met
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