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On 7 July 2023, the European Commission formally proposed a coordinated European Union withdrawal from the Energy Charter Treaty (ECT), one of the world’s largest multilateral investment treaties, citing its incompatibility with the EU’s enhanced climate ambitions under the European Green Deal and the Paris Agreement. This comes against the background of long-running – and … Read more
On 4 March 2023, the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (Conference) reached agreement on the text of a new treaty which seeks to protect the marine environment. The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond … Read more
We are pleased to share with you the details of the upcoming Conference of the European Federation for Investment Law and Arbitration (EFILA), taking place in Madrid on Thursday 16 March 2023 (from 09:00 CET). Read more
On 29 November 2022, a group of 19 States published the draft text of a proposed United Nations General Assembly resolution which would request an advisory opinion from the International Court of Justice (“ICJ“) on climate change (the “Draft Resolution“) (available here). The initiative, led by the small island State of Vanuatu, was described by … Read more
We are pleased to share with you the details of the upcoming 8th EFILA Annual Lecture, taking place in Brussels on Thursday 13 October 2022 (from 15:00 CEST). This year’s EFILA Annual Lecture will focus on ‘ESG Investment Strategy’ and will consist of two parts. Read more
On 24 June 2022, the Energy Charter Conference (ECC) confirmed that the Contracting Parties to the Energy Charter Treaty (ECT) had reached an Agreement in Principle on the modernisation of the treaty. We look at the key commitments made below. Read more
On 24 June 2021, an international panel of legal experts (the Panel) published a legal definition of ‘ecocide’ (the Proposal, link) proposed to be adopted as a fifth crime to the Rome Statute of the International Criminal Court (the ICC or the Court). The Rome Statute addresses crimes that are deemed to be of international … Read more
In a recent investment arbitration Award, in Cortec Mining v Kenya, an ICSID tribunal has declined jurisdiction over a claim brought by a trio of mining companies on the basis that the mining licences at issue had not been obtained lawfully due to the Claimants’ failure to obtain the required environmental impact assessments. In its … Read more
In August 2015, the United States, then president Barack Obama, and the heads of numerous federal executive agencies were sued in a civil rights action by a group of 21 young people, non-profit organization Earth Guardians, and Dr. James Hansen as guardian for future generations. The action was filed in federal district court in Oregon, … Read more
