THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS ENTERS INTO FORCE

The Treaty on the Prohibition of Nuclear Weapons (the “Treaty“) entered into force on 22 January 2021. The Treaty is the first treaty to ban nuclear weapons, and has received support to date from 88 States. Background The Treaty was adopted by the United Nations General Assembly on 7 July 2017 and has been open … Read more

UPDATES ON POTENTIAL EU-CHINA COMPREHENSIVE AGREEMENT ON INVESTMENT (WITH A FOCUS ON INVESTMENT PROTECTION AND ISDS) – NEW WINE IN NEW BOTTLES?

On 30 December 2020, the European Union and China announced their Agreement in Principle for the EU-China Comprehensive Agreement on Investment (CAI). This is a landmark development for both parties in these long-running negotiations which began in 2012. On 22 January 2021, in the interest of transparency, Brussels published certain draft sections (here) of the … Read more

The USMCA or “NAFTA 2.0” came into force on 1 July 2020

The US-Mexico-Canada Trade Agreement (USMCA), the replacement to the North American Free Trade Agreement (NAFTA), entered into force on 1 July 2020. Background On 24 April, 2020 the United States Trade Representative issued a press release confirming that all three NAFTA member states had notified the other parties, in writing, that they had completed the … Read more

NEVSUN RESOURCES LTD. V. ARAYA – SUPREME COURT OF CANADA ALLOWS ERITREAN MINERS’ CLAIM FOR VIOLATIONS OF CUSTOMARY INTERNATIONAL LAW TO PROCEED

On 28 February 2020 the Supreme Court of Canada in Nevsun Resources Ltd. v. Araya (2020 SCC 5) issued a 5-4 ruling allowing a claim by Eritrean miners against Nevsun Resources Ltd. (“Nevsun”), a Canadian mining company, to proceed. The miners had initiated proceedings in British Columbia against Nevsun alleging, among other things, breaches of … Read more

EUROPEAN PARLIAMENT APPROVES EU-VIETNAM TRADE AND INVESTMENT AGREEMENTS

On 12 February 2020, the European Parliament (“EP“) gave its consent to the EU-Vietnam Free Trade Agreement (“EU-Vietnam FTA“) and the Investment Protection Agreement (“EU-Vietnam IPA“). The consent from the EP paves the way for approval of the two agreements by the EU Council of Ministers next month. In brief, the EU-Vietnam FTA focuses on … Read more

Update on the future of ISDS: latest Working Group III UNCITRAL discussions

The United Nations Commission on International Trade Law’s (“UNCITRAL“) Working Group III (Investor-State Dispute Settlement Reform) (“WGIII“)​ has published its report (the “Report“) on the work conducted between 14 and 18 October 2019 during its 38th session. The Report provides details about the discussions around three issues in particular: (i) the establishment of an advisory … Read more