Inter-American Court of Human Rights Asked to Issue Advisory Opinion on States’ Obligation to Respond to the Climate Emergency

On January 9, 2023, Chile and Colombia co-signed a request to the Inter-American Court of Human Rights (“Inter-American Court”) for an advisory opinion with the purpose of “clarify[ing] the scope of the States’ obligations … to respond to the climate emergency within the framework of international human rights law” (the “Request”). According to the Request, … Read more

The FNE’s gun-jumping investigation into GSK’s acquisition of Pfizer’s consumer healthcare business in Chile: when a joint venture is not a joint venture and why it matters

Earlier this year, the Fiscalía Nacional Económica (FNE), Chile’s competition authority, closed a gun-jumping investigation into GSK’s acquisition of Pfizer’s consumer healthcare business in Chile. The FNE reached this conclusion after a 2-year ex-officio investigation which was based on the erroneous assumption that the deal constituted an acquisition of joint control by GSK and Pfizer … Read more

ICJ orders Colombia immediately to cease activities in Nicaraguan EEZ waters

On April 21, 2022, the International Court of Justice (ICJ) delivered judgment in Nicaragua v. Colombia concerning alleged violations of sovereign rights and maritime spaces in the Caribbean Sea. Following a ruling rendered in 2012 in a territorial and maritime dispute between the two countries, the ICJ determined that Colombia breached its international obligation to respect Nicaragua’s sovereign rights … Read more

Ecuador’s Constitutional Court Takes on Extractive Industries

The Constitutional Court of Ecuador (the “Court”) has recently ruled on a series of constitutional actions brought against the development of mining projects in Ecuador (the “Decisions”).  The Decisions illustrate the Court’s continued approach to recognizing and strengthening the right to prior consultation of indigenous communities on extractive activities in the country.  The Decisions however … Read more