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The Climate Litigation Database

Republic of Azerbaijan v. Republic of Armenia

Geography
International
Year
2023
Document Type
Litigation

About this case

Filing year
2023
Status
Pending
Geography
International
Court/admin entity
Arbitral TribunalPermanent Court of Arbitration
Case category
Suits against governments (Global)GHG emissions reduction and trading (Global)EU ETS (Global)Suits against governments (Global)Human Rights (Global)
Principal law
International LawEnergy Charter Treaty
At issue
Whether Armenia, during its nearly 30-year occupation of internationally recognized Azerbaijani territory, violated the Energy Charter Treaty
Topics
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Documents

Filing Date
Document
Type
Topics 
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Summary

Beginning on February 27, 2023, Azerbaijan initiated inter-state arbitration against Armenia with a Notice of Arbitration under Articles 18 and 7 of the Energy Charter Treaty (ECT). The claim alleged that Armenia, in its nearly 30-year occupation of Azerbaijan’s territories, violated Azerbaijan’s sovereign rights over its energy resources through illegal exploitation and denial of access. The proceedings are administered by the Permanent Court of Arbitration (PCA) in The Hague. Azerbaijan specifically alleged that Armenia breached provisions of the Energy Charter Treaty (ECT) by denying Azerbaijan access to its energy resources in the Garabagh region, exploiting energy resources for its own benefits, and preventing Azerbaijan from accessing the opportunity to further develop its energy infrastructure under its national energy policy and climate commitments. The Garabagh region was an especially critical area for hydroelectric power resources, as it contains 25% of Azerbaijan’s internal water resources. The proceedings are still ongoing, as Azerbaijan seeks reparations and accountability for Armenia’s interference in the development of clean energy infrastructure. In February 2025, the tribunal issued a decision granting Armenia’s request for Bifurcation, in an attempt to address Armenia's jurisdictional and admissibility objections.

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Group
Topics
Policy instrument
Risk
Impacted group
Fossil fuel
Economic sector
Adaptation/resilience
Finance