This post focuses on the concept of due diligence in the International Court of Justice (ICJ)’s Advisory Opinion in Obligations of States in respect of Climate Change (for earlier posts analysing other aspects of the Advisory Opinion see here, here, here and here). Specifically, this post analyses the ICJ’s reasoning regarding due diligence…

Introduction This post addresses issues being considered in the UNCITRAL Working Group III process in relation to the design of a multilateral instrument on investor–State dispute settlement (ISDS) reform (hereinafter an ‘MIIR’). An MIIR is envisioned as the legal mechanism for applying the various reform options being developed by UNCITRAL Working Group III to the extensive…

Introduction This post analyses selected treaty interpretation issues in the ITLOS Advisory Opinion on Climate Change, delivered on 21 May 2024. The post does not seek to summarise nor address all issues raised by the Advisory Opinion. Instead, the aim is to analyse certain issues of treaty interpretation that arose at numerous points in the…