Indigenous Peoples

Award Without Damages Rendered Against Egypt in Cementos la Union

It was reported that before the operating plant was due to operate in 2008, Egypt implemented new measures requiring the Arabian Cement Company to pay additional licensing and electricity fees. The essence of the case concerned the Egyptian authorities failure to provide gas and electricity supply to the cement plant, as well as the denial of justice by the Egyptian judiciary. Claimants consequently requested USD 236 Million in damages.

The Nigerian Institute of Chartered Arbitrators Annual Conference Report: Making Arbitration and ADR Work for Africa

The focus of the Conference was to promote Alternative Dispute Resolution (ADR) as a viable mechanism for dispute resolution in Africa and to discuss ways to ensure that disputes originating from, and terminating in Africa, are resolved within the continent. This will in turn boost the African economy and promote arbitration law and practice in the region.

Neoliberal Children: A Silent Dialogue with Ian Taylor

Neo colonialism as described by Ian Taylor is as valid then as it is now, but there are alternatives beyond the modern paradigm and we have to run the risk of decolonizing the academy, people are changing and fighting from other ways of life, but our academies? can you hear them? Indigenous peoples, community organizations, peasants and nature are speaking to us. The question is what language and what knowledge we will use to listen and speak them.

Niños Neoliberales: Un Diálogo Silencioso Con Ian Taylor

Neo colonialism as described by Ian Taylor is as valid then as it is now, but there are alternatives beyond the modern paradigm and we have to run the risk of decolonizing the academy, people are changing and fighting from other ways of life, but our academies? can you hear them? Indigenous peoples, community organizations, peasants and nature are speaking to us. The question is what language and what knowledge we will use to listen and speak them.

Rethinking International Law Education in Latin America

So far, we have found that an uncritical Western perspective is favored in the teaching of international law in the region. In many cases, international law is generally presented as a single and objective law that must be applied uniformly in any part of the world and, therefore, leaving no place for regional contextualization or for questioning its premises. Likewise, it is widely preferred to teach it using a bibliography originated in the Global North, despite the substantive contributions of Latin American scholars in International Law and in the Humanities and Social Sciences. These contributions have been made invisible by the colonial past and globalization processes based on asymmetrical power-knowledge relationships.

La Debida Diligencia en el régimen de Empresas y derechos y sus implicancias en los mecanismos de reparación

The purpose of this post is to examine the concept of due diligence.  By building on a notion common to the fields of corporate law and human rights law, due diligence became a bridge for the business and human rights (BHR). In order to meet with the expectations from victims of corporate abuses, a BHR due diligence must develop its proper concept, particularly in the field of reparations and access to remedies.

The Role of Multilateral Actors in Promoting Equitable Access to Medicines, Vaccines and Therapeutics: A Global South Perspective

Traditional medicines have an equally important role as vaccines, therapeutics and medical devices protected through classical IPRs such as patents. For this reason, it is important to include traditional medicines within the scope of IPR protection, including within the WTO’s TRIPS Agreement. Doing so would go beyond the classical debate of protecting medicines, vaccines and therapeutics mainly through patents as currently understood within the TRIPS Agreement.

Commercial Law Reform in the Age of Integration: Of Stakeholders, Futility of Boundary-Marking and Strategies

The interconnectedness of commercial and other mundane human transactions has never been more reified than it is since the advent of new Information and Communication Technologies (ICTs). However, it bears observing that ICTs have helped in harnessing virtually every human and non-human endeavour into their commercial ramifications

Colombia before the ISDS and the disputes over natural resources in a “global coloniality” context

I argue that it is time to explore the possibilities of a substantial reform, which should include: the renegotiation of the current 3,200 IIA; to stop signing treaties with arbitral clauses and extremely favourable conditions for investors; the promotion of an effective sovereignty States over the space that they should regulate; and the approval of binding obligations for companies. The failure to address substantive issues in ISDS, and to only focus on procedural aspects of reform, will lead to the consolidation and re-legitimatisation of this system, under the guise of “modernizing” it.

International Law Started with the Haitian Revolution

The newly-formed International Economic Law Collective has already brought something new to how we understand economic thought in international law. Compared to other groups in international law, the Collective is distinct because it places the concept of equality as both an analytical focal point in the work its members produce and as a main feature of how the group organizes itself.