Abstract
This article reviews the Iron Rhine case before an arbitral tribunal estab- lished under the rules of the Permanent Court of Arbitration. It inquires how an old peace treaty is interpreted to resolve a current dispute with the help of the principle of sustainable development. Three points of law are critically assessed. Firstly, the way in which the tribunal establishes its juris- diction vis-à-vis the ECJ. Secondly, how it determined the applicability of the treaty of separation. And finally, in which way it employed the principle of sustainable development. The article concludes by reflecting on the way in which judgments and awards should be understood and discussed by le- gal scientists.
| Original language | American English |
|---|---|
| Pages (from-to) | 569-586 |
| Journal | Zeitschrift für ausländisches öffentliches Recht und Völkerrecht |
| Volume | 71 |
| Issue number | 3 |
| State | Published - 1 Jul 2011 |