Sébastien Duyck’s Post

Does Investor-State Dispute Settlement (ISDS) threaten   the global green energy transition? A recent protest letter by Australian lawyers and legal scholars suggest s so. The open letter urge thte Australian government to swiftly implement its policy of excluding Investor-State Dispute Settlement (ISDS) provisions from current and future trade and #investment agreements. Be on the lookout for an analysis of this metter especially from Africa's perspective. #isds Regiolex Consulting ESAMI-Trade Policy Training Centre in Africa (ESAMI-trapca)

📚 New book alert! Introducing the latest text from the ‘Koninklijke Nederlandse Vereniging voor Internationaal Recht series’: "Collected Papers nr. 150: Energy Security in International Economic Law - Balancing Legal Ambitions and Geopolitical Realities." This text by Dr Anna Marhold delves into the complex realm where legal goals meet real-world geopolitics in the context of global energy security. 🔗 Order your copy now: https://lnkd.in/dWV4J3eH #AsserPress #internationallaw #economiclaw Anna-Alexandra Marhold Frank Bakker

On 18 December 2024, the Dutch Council of State overhauled the nitrogen legal framework on internal netting. Internal netting without a nature permit is no longer possible. “Both existing projects and projects in development are affected by this change and are likely to require a nature permit“, says Iris Kieft Click here for the ruling: lnkd.in/ePd3a8ze

The newest issue of Natural Resources & Environment is out, and it contains this short piece I authored on recent developments in the law of agricultural nuisance. The ABA Section on Environment, Energy, and Resources produces some great content that provides interesting insights into how developments in the law affect everyday Americans. Enjoy! American Bar Association

In recent years there is increasing interest in jurisdictional approaches to REDD+ from new sources of climate finance and voluntary market mechanisms (e.g. LEAF Coalition). Given this interest, it is important to consider how national policy and regulatory frameworks can facilitate these jurisdictional approaches. This briefing paper, published by CIFOR-ICRAF, reviews Peru’s current and forthcoming policy and legal framework to understand how subnational governments can be involved in jurisdictional approaches. Read their analysis of the situation in Peru in this briefing here: https://lnkd.in/egEUmqZ3 #Peru #REDD #JREDD #ClimateFinance #VCM

Invitation: Current Issues in International Law with Nele Matz-Lück The ITLOS Advisory Opinion on Climate Change and the Law of the Sea from 21 May 2024 is a landmark decision. Not only does the ITLOS define GHG emissions from sources on land, by vessels and through the atmosphere as pollution of the marine environment but it goes on to establish strict due diligence obligations based upon scientific findings. Although the Advisory Opinion is not legally binding its symbolic and potential legal effect shall not be underestimated. The interpretation of a high number of norms of Part XII UNCLOS in the light of due diligence obligations to protect the ocean from GHG emissions and their effects will have lasting effect and may set the scene for further judicial dispute settlement. Please, find further information at our homepage: https://lnkd.in/eUG8jVmE #wsi #völkerrechtlichetagesthemen #itlos #lawofthesea #internationallaw

In May, a landmark advisory opinion (AO) from the International Tribunal for the Law of the Sea/Tribunal international du droit de la mer (ITLOS) confirmed that States MUST prevent, reduce, and control greenhouse gas emissions that are polluting our ocean, in a significant step forward for climate justice. This landmark advisory opinion from the ITLOS, is the first of three international advisory opinions on States’ responsibilities to confront the climate crisis. This opinion sets the floor — not the ceiling — for future decisions on climate and international legal duties. With the ITLOS having handed down its advisory opinion in May and the Inter-American Court of Human Rights having concluded its oral hearings the week after, our attention is now turning to the International Court of Justice (ICJ), where participants’ second round of written submissions are due on August 15th. Today, together with ClientEarth,  Pacific Islands Students Fighting Climate Change & World's Youth for Climate Justice (WYCJ) we published our key takeaways from ITLOS AO for the ICJ climate advisory proceeding. Read the memo [link in the first comment] #ITLOSAO #ICJAO #ITLOSCase31 #ICJAO4Climate #AOLetsGO #CimateJutsice

Highly awaited public hearings on countries' legal obligations regarding climate change are getting underway at the International Court of Justice (ICJ) this week. The hearings are part of the process towards the court issuing an advisory opinion. This will provide clarity on nations' responsibilities under international law and the legal consequences of failing to meet them. Here are 5 key facts about the largest case ever brought before the International Court of Justice (ICJ): https://lnkd.in/g7hhxq8E

62 Australian lawyers and legal scholars have issued an open letter urging the Australian government to swiftly implement its policy of excluding Investor-State Dispute Settlement (ISDS) provisions from current and future trade and investment agreements. The letter underscores current ISDS challenges, including multi-billion-dollar claims against Australia by figures such as Clive Palmer, undermining domestic laws protecting human rights and environmental standards, potentially impeding urgent climate action and the green energy transition. Proud to have helped organize and coordinate this initiative https://lnkd.in/g6y4r2Ym

Yesterday, the Dutch Council of State overhauled the nitrogen legal framework on internal netting. Internal netting without a nature permit is no longer possible. “Both existing projects and projects in development are affected by this change and are likely to require a nature permit“, says Iris Kieft Click here for the ruling: lnkd.in/ePd3a8ze