23 April 2026
A Jus Cogens Right to Climate Action
Phasing out fossil fuels is indispensable to meaningful climate action. Yet, significant legal barriers persist. Among the most formidable is the system of international investment law, particularly the mechanism of investor–state dispute settlement. One way to counter this type of legally entrenched climate obstruction is for States to clarify that their right to climate action is a new peremptory norm of international law, as per Article 64 of the Vienna Convention on the Law of Treaties. Continue reading >>
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17 June 2020
Investment Law in Corona Times: How Myths Fuel Injustice
One of the leitmotivs of the discourse around the pandemic is that ‘there cannot be going back to business as usual’ (see here and here). Yet, it is business as usual that is alarmingly looming in Corona times. In this context, at least two developments are worthy of note: the first is the much discussed risk of a wave of Covid-related investment claims. The second, possibly less noticed, is that countries are silently expanding the scope of a system that does not adequately strengthen sustainability in economic relations, despite laconic initiatives to this purpose. Continue reading >>06 February 2020