Indigenous “Social License” in Investment Projects: A Pending Challenge in ISDS

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the second part of a two-part post.] To understand how the Palestine Liberation Organization (PLO) could make a sovereignty claim before 1967, we need to rewind the clock to the last...

[Victor Kattan is a Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law. This is the first part of a two-part post.]  One of the concerns that arose from US President Donald Trump’s Proclamation recognising the occupied Golan Heights – captured from Syria in the June...

Events The Chinese (Taiwan) Society of International Law will hold the ILA-ASIL Asia-Pacific Research Forum on 17-18 May 2019 at Howard Civil Service International House in Taipei, Taiwan. The theme of the Research Forum is “International Law and Emerging Powers: New Policy Challenges in the Asia-Pacific.” The Research Forum will feature two keynote speakers: Dr Christopher Ward SC, President of...

Events The International Bar Association (IBA) is pleased to announce a conference on "The Next Big Questions for International Criminal Justice." This conference, presented by the IBA War Crimes Committee, will be held at the Peace Palace, The Hague, The Netherlands on 13 April 2019. Topics include: corporate accountability for war crimes, crimes against humanity, and genocide; private actors and investigations –...

Well, that was predictable. The Ntaganda defence has filed two motions relating to the news that the ICC's judges have permitted Judge Ozaki to simultaneously serve as a judge in the case and as Japan's ambassador to Estonia. The first, directed to the Presidency, is styled "Request for Disclosure Concerning the Decision of the Plenary of Judges on the Judicial Independence...

This is truly scandalous -- even by the ICC's standards. Thomas Verfuss explains: The Hague Judge Kuniko Ozaki wants to leave her position as a full-time judge of the International Criminal Court (ICC) in The Hague to become the ambassador of Japan in Estonia in April. Her departure from fulltime engagement at the ICC comes before she and two of her colleagues...

[Kruthi Venkatesh is a lawyer practising in Mumbai, India.] In recent years, there has been a lot of debate on investor accountability for human rights abuses, especially in relation to cross-border trade and investment agreements. The UN Guiding Principles on Business and Human Rights (“UN Guiding Principles”) has been a guiding force for this discourse. With increase in foreign investments in...

[Mark Ellis is Executive Director of the International Bar Association, London.] On March 24, 2016, the International Criminal Tribunal for the former Yugoslavia (“ICTY”) convicted Radovan Karadžić of genocide, crimes against humanity, and violations of the laws or customs of war. Almost exactly three years later, on March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals...

Luke Moffett is a senior law lecturer at Queen's University Belfast and Principal Investigator on the "Reparations, Responsibility and Victimhood in Transitional Societies” project.  Following the award of the Nobel Peace prize to Dr Denis Mukwege and Nadia Murad in December 2018, there is a substantial effort to capitalise on the publicity by pressing for an ‘International Reparation Initiative’ for victims of...

[Emma Irving is an Assistant Professor of Public International Law at the Grotius Centre for International Law, Leiden University and Nicholas Ortiz is a Research and Teaching Associate at the Kalshoven-Gieskes Forum on International Humanitarian Law.] On 18 March 2019, the UN Commission of Inquiry on the 2018 Protests in the Occupied Palestinian Territory (‘CoI’) published its detailed findings of its...

Last week, the excellent lawyers at The Guernica Group, led by my friend Toby Cadman, filed an Article 15 communication with the Office of the Prosecutor (OTP) arguing that the ICC should open an investigation into the deportation of civilians from Syria to Jordan. The communication itself is not public, so what we know of TGG's legal argument comes from their...