Published on 7 March 2025 in News, Newsletters

E-Newsletter – Winter 2025

Firm news

Throughout Winter 2025, Volterra Fietta continued to advise clients on some of the world’s most important public international law and contentious matters. 

On 11 November 2024, Volterra Fietta represented Barbados before the Inter-American Commission on Human Rights and successfully demonstrated that Barbados’s Cybercrime Bill was consistent with international standards, including international human rights standards.  On 2 December 2024, as legal counsel to Barbados, Volterra Fietta made oral submissions to the International Court of Justice in advisory proceedings for the “Obligations of States in respect of Climate Change” case.  Also in December 2024, as was publicly reported, the firm successfully defended the Arab Republic of Egypt in an ICSID arbitration brought by Al Jazeera Media Network, in regards to matters arising out of the political upheavals in Egypt during the 2011 to 2013 period.

In addition, the last few months have seen numerous significant developments related to public international law.  Volterra Fietta continues to be engaged in some of these developments on behalf of our clients, including on a confidential basis.  A description of just some of those recent developments is below.

Recent developments in public international law

Kenya reports that space debris landed near one of its villages

On 1 January 2025, the Kenya Space Agency reported that an anthropogenic object from outer space had crashed near a village located on Kenyan territory on 30 December 2024, requiring the Kenya Space Agency to conduct a preliminary assessment which revealed that the object was “a separation ring from a launch vehicle (rocket)”.  Volterra Fietta reported separately on this development here. 
 

The Federal Republic of Nigeria receives USD 53 million in forfeited assets from the proceeds of corruption from the United States

On 10 January 2025, the Federal Republic of Nigeria (“Nigeria”) and the United States (“US”) through its Department of Justice (“DOJ”), entered into an agreement for the repatriation of approximately USD 53 million in forfeited assets from the proceeds of corruption (“the Agreement”) to Nigeria.  Nigeria provided crucial investigative and evidentiary support assistance to the US in investigations leading to the forfeiture of said assets in United States v. MIY Galactica Star et al., Case No. 4:17-cv-02166 (S.D. Tex.) and United States v. Real Property Located in Los Angeles, Calif. Commonly Known as 755 Sarbonne Road, Case No. 4:20-cv02524 (S.D. Tex.).  The Agreement provides that the forfeited assets shall be used for two projects for the benefit of the people of Nigeria.  The first project is the Electrification Project where a sum of USD 50 million will be used for renewable energy generation in Nigeria.  Secondly, the remaining USD 2.8 million will be dedicated to capacity-building under the Rule of Law and Counter-Terrorism Project.
 

United States sanctions the International Criminal Court

On 6 February 2025, the recently re-elected US President Donald Trump signed an executive order authorising economic sanctions against the International Criminal Court (“ICC”) as a protest against the arrest warrant issued for Israel’s Prime Minister Benjamin Netanyahu.  This is not the first time the US has targeted the ICC with sanctions.  In his 2020 term, President Trump issued an order imposing sanctions against the ICC’s former prosecutor, Fatou Bensouda, and one of her top officials.  The new order specifically sanctions Karim Khan, the ICC’s chief prosecutor, over his decision to issue arrest warrants against Prime Minister Netanyahu and Former Minister of Defense Yoav Gallant for allegedly committing crimes against humanity and war crimes between 2023 and 2024. 

In response, the ICC pledged to continue “providing justice and hope to millions of innocent victims of atrocities across the world”.  A majority of member States, including the UK, Germany and France, have also expressed their support of the ICC. 
 

China files WTO dispute following Trump’s US tariffs measures

On 5 February 2025, China filed a claim before the World Trade Organisation (“WTO”) against the US, requesting WTO dispute consultations with the US with regard to new tariff measures applied by the US on goods originating in China.  In the claim, China said the measures were “discriminatory and protectionist”. 

On 1 February 2025, US President Donald Trump issued three (3) executive orders, one of which imposed significant tariffs on imports from China.  According to President Trump, the executive orders were issued to address the synthetic opioid supply chain in China.  In response to the measures, China’s Ministry of Commerce stated that the tariffs were a “serious violation” of international trade rules.  China claims that the 10% additional ad valorem tax applied on all goods originating in China is inconsistent with US most-favoured-nation obligations under Article I:1 of the General Agreement on Tariffs and Trade (“GATT”) 1994 and the US’s tariff obligations under Article II:1(a) of GATT 1994.  China has countered the US’s imposition of new tariffs by imposing its own tariff measures.
 

UNICEF launches urgent appeal for USD 22 million to provide emergency assistance to 282,000 children in eastern DR Congo amid spiralling violence

On 29 January 2025, the United Nations Children’s Fund (“UNICEF”) launched an appeal for USD 22 million in response to the ongoing conflict in the Democratic Republic of Congo (“DRC”).  Out of 658,000 people that have been displaced in the DRC, a staggering 42.8% of them are children.  UNICEF intends to apply these funds to provide clean water and proper sanitation, medications and medical supplies and treatment for children.
 

Recent and upcoming firm events

• At the end of 2024, Volterra Fietta Partner Robert Volterra and consultant Florentine Vos published an article titled “How (not) to Compensate for State Responsibility in Armed Conflict: The DRC v Uganda Reparations Judgment and the International Law of Reparations” in the Global Community Yearbook of International Law and Jurisprudence by Oxford University Press, which can be accessed here.
• In early 2025, Volterra Fietta offered a bespoke seminar on State immunity that was attended by numerous ambassadors and high commissioners in London.
• On 10 January 2025, Partner Gunjan Sharma spoke on the practical means of detecting criminal activity and money laundering in arbitral proceedings at the 7th Basel Arbitration and Crime Conference: A Toolkit for Arbitrators in Basel, Switzerland. 
• On 14 January 2025, following yet another successful outcome in a major satellite dispute, Partners Robert Volterra and Gunjan Sharma, as well as consultant Florentine Vos, delivered a virtual seminar “Space Law Triumphs: Lessons from the Biggest Wins of the Last Decade”.
• On 5 February 2025, Partner Robert Volterra spoke at McNair International’s “Annual Legal Review of 2024”, addressing key themes emerging in investment treaty disputes, cases involving public international law before the English Courts and decisions relating to the Arbitration Act 1996 in London, UK.
• On 10 February 2025, Partner Robert Volterra and associates Magdalena Kowalczuk Asher and Rhianna Vonk taught at King’s College London on evidence before international courts in London, UK. 
• On 11 February 2025, Partners Robert Volterra and Gunjan Sharma delivered lectures on investment treaty arbitration and how to protect clients from litigation risks at the transactional stage at Prince Sultan University in Riyadh, Saudi Arabia.
• On 19 February 2025, Partner Gunjan Sharma and associate Magdalena Kowalczuk Asher gave a talk “Working on world-defining cases” at the LSE Lawyers Without Borders Society event in London, UK. 
• On 21 February 2025, Partner Robert Volterra spoke at a panel “In Conversation with the Veterans: Empowering the Rising Generation” organised by the Asian International Arbitration Centre as part of the AALCO Annual Arbitration Forum 2025 in Kuala Lumpur, Malaysia.
• On 21 February 2025, Partner Robert Volterra spoke at a panel “The procedural framework for seabed disputes” at The Deep Seabed Mining Disputes Workshop, organised by Bucerius Law School in Hamburg, Germany.

In addition, Volterra Fietta and its Partners will be engaged in the following events in the coming months:

• On 3 April 2025, Partner Gunjan Sharma will speak on a panel at the Asset Recovery CEE Conference in Warsaw, Poland, as part of Warsaw Disputes Days.
• On 4 June 2025, Partner Ahmed Abdel Hakam will speak on a panel on the attractivity of London as a global centre for international dispute resolution at the Law Society of England & Wales as part of the London International Disputes Week 2025.

In the coming months, Volterra Fietta plans to offer seminars on the following topics:

• Causation issues in domestic and international climate change cases;
• Bespoke training sessions for State-owned enterprises;
• How to protect your investments in the Middle East; and
• Climate change litigations for private companies.

If you would like to be added to Volterra Fietta’s invitation list for future events, please email your name and affiliation to info@volterrafietta.com.