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 network of existing investment treaties. A first draft of an MIIR was published by the UNCITRAL secretariat in July 2024 (A/CN.9/WG.III/WP.246) and this was discussed by Working Group III in the first part of its Fifty-First session in February 2025 (A/CN.9/1196 paras 31–94) and in its Forty-Ninth session in September 2024 (A/CN.9/1194 paras 105–121). Ahead of the Working Group’s February 2025 session, some participants also made written submissions on the topic of an MIIR, including the European Union (EU) and the United States.
International Organizations
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Renewed State Backlash Against the African Court: Tunisia is the Fifth State to Withdraw Individual and NGO Access
The African Union’s continental human rights court, the African Court on Human and Peoples’ Rights (AfCHPR), received a setback this past March when Tunisia withdrew its declaration, under Article 34(6) of the Court’s founding Protocol, allowing individuals and NGOs to directly access the Court. Tunisia accounts for 24 (7%) of the 371 applications to the…
Fairness on the Security Council: Rediscovering the Duty to Abstain
Background The principle nemo iudex in causa sua—no one should be a judge in their own cause—has deep roots in international law, yet its codification in the UN Charter has often been disregarded. Article 27(3) requires a State that is a party to a dispute to abstain from voting on related Security Council resolutions under…
The FIDE’s gambit: what if gender-based categorization became the exception in international competitions?
Having just been appointed to the highest office in world sport on March 20, Kirsty Coventry is expected to address many issues: the organization of the 2028 Olympic Games in Los Angeles, the choice of venue for the 2036 Olympic Games, questions about the evolution of the Winter Olympic Games in light of the climate crisis, etc. But…
Keeping the Flame Alive? IOC Elections and their Impact on Global Governance
The Olympic Movement has recently experienced its own Habemus papam moment. After a 12-year mandate, Thomas Bach announced his intention to step down from his position as President of the International Olympic Committee (‘IOC’) this year. Much has been made of the secrecy and lobbying that accompanies the election and creates resemblances with the papal conclave. Coupled…
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