Americas

Commission on Limits of Continental Shelf publishes full recommendations over limits of Argentina’s continental shelf

The United Nations Commission on the Limits of the Continental Shelf (the CLCS) has now published its full recommendations on the limits of Argentina's continental shelf.  There was considerable press speculation following the issue of a preliminary CLCS press release … Continue reading

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Filed under Americas, Argentina, Boundaries and Delimitation, The Americas, UN, UNCLOS

TPP deal reached: investment arbitration survives

After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s … Continue reading

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Filed under Americas, Investment Arbitration, ISDS Reform, Latin America, News, Public International Law, The Americas, TPP, Trade law, Treaty negotiation, interpretation and impact

European Commission publishes draft investment chapter for the TTIP, including investment protection provisions and the establishment of an International Investment Court

On 16 September the European Commission published detailed draft proposals for the investment chapter in the proposed Transatlantic Trade and Investment Partnership treaty between the EU and the US (“TTIP”). The full text is available here. The chapter includes detailed … Continue reading

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Filed under Americas, EU, Europe, Investment Arbitration, ISDS Reform, Treaty negotiation, interpretation and impact, TTIP

Business, human rights, and extraterritoriality in American law

Beyond Borders: Non-US plaintiffs continue to make inroads towards holding multinational corporations liable under US law for alleged human-rights violations occurring beyond US borders. How can that be? The Alien Tort Claims Act (ATS) is an eighteenth-century statute that gives … Continue reading

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Filed under Alien Tort Statute, Americas, Business & Human Rights, US

A step towards finalising the Trans-Pacific Partnership Agreement: what does this mean for businesses?

As discussed in our blog post here, the TPP is a major free trade agreement between twelve countries in the Asia Pacific and the Americas that has been under negotiation for over four years. These twelve countries are the USA; … Continue reading

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Filed under Americas, Asia, Australia, East Asia, Investment Arbitration, Japan, Latin America, Malaysia, South East Asia, Trade law, Treaty negotiation, interpretation and impact, US, Vietnam

Iran sanctions – US and EU announce framework agreement including proposals to suspend sanctions

On April 2, 2015 representatives from the US, EU and Iran announced that, following extensive negotiations, the “P5+1” (China, France, Germany, Russia, the UK and the US) and Iran had agreed parameters (the “Parameters”) for a joint comprehensive plan of … Continue reading

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Filed under Americas, Europe, Sanctions, US

Leaked Investment Chapter of the TPP: broad similarities to the US Model BIT, a nod to the ongoing debate and some outstanding issues

On 25 March the 20 January 2015 working draft of the Investment Chapter of the Trans-Pacific Partnership (TPP) was posted on Wikileaks. (There may be later drafts not yet publicly available, but this is the best guide yet to what … Continue reading

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Filed under Americas, Asia, Australia, Investment Arbitration, ISDS Reform

US establishes new Venezuela sanctions regime and imposes sanctions on Venezuelan officials

On Monday, 9 March 2015, President Obama signed an executive order declaring a national emergency to deal with the threat to US national security and foreign policy posed by “the Government of Venezuela’s erosion of human rights guarantees, persecution of … Continue reading

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Filed under Americas, Sanctions, US

Argentina cannot evade payments under its government bonds: German Court rejects suggestion of a general rule of international public law obliging all creditors to participate in debt restructuring with states in economic crisis

On 24 February 2015, the German Federal Court of Justice (“Bundesgerichtshof“) handed down two judgements which could have a significant impact on holders of government bonds. The Federal Court of Justice held that the Argentine Republic cannot refuse payment to … Continue reading

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Filed under Advice on State Contracts and Disputes, Americas, Europe

Forthcoming Chatham House and Herbert Smith Freehills Symposium: “TTIP: shaping the future for investor-state dispute settlement” – 4 March 2015

The proposed Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US, two of the world’s largest economies, is intended to remove trade barriers, create wealth and promote investment.  On 13 January, the European Commission published the results … Continue reading

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Filed under Americas, Investment Arbitration, ISDS Reform, News, Treaty negotiation, interpretation and impact