Aimed at informing policy debates, our briefs summarize pressing complex issues, weigh the implications for global governance and suggest recommendations.

Self-Reflexivity on the Judicial Bench

By Lys Kulamadayil – This post reflects on the appointment of Professor Hilary Charlesworth to the judicial bench of the International Court of Justice. By reviewing some of her work, it concludes that her appointment promises to be a step towards reconciling realism and idealism in the practice of international law.

When should the United States use hard-hitting sectoral and financial sanctions?

By Erika Moret – On 18 October 2021, the US Treasury Department released its sanctions review, concluding sanctions remain an important policy tool but face important challenges. As part of ongoing feedback supplied by Dr. Erica Moret to the US Government on the topic, this article outlines concrete recommendations about how and when US sanctions should be used.

Business and Human Rights: a global trend towards mandatory due diligence?

By Jerome Bellion-Jourdan

As the world continues to face the COVID-19 health threat and its economic and social impact, the trend towards mandatory human rights due diligence, possibly coupled with environmental due diligence, could contribute to “level the playing field” and to “build back better”. This blog post offers a bird’s eye view of legal developments at the national, regional and global levels.

Institutionalizing Subsidiarity in the Reform of Investment Adjudication

By Nico Krisch – If (re)designed based on the principle of subsidiarity, international investment adjudication could supplement rather than substitute or challenge domestic processes.

Business and Human Rights: States are not off the hook

By Jerome Bellion-Jourdan – States are not off the hook in the “Business and Human Rights” agenda:  a key take away of recent events at the United Nations and beyond; a timely reminder of the “smart mix of measures” foreseen by the UN Guiding Principles for States to foster business respect for human rights; a strong call on States to act, along with business, against the background of Kofi Annan’s warning: “if we cannot make globalization work for all, in the end it will work for none.”  

How to Uphold Multilateralism and Defy Protectionism: Listen More to Developing Economies

By Anita Prakash – Global governance bodies must be inclusive and bring in the voices from developing economies, which are practitioners of open and rule based trade relations.

Regime Interactions and the Dual Legality of EU Law: The case of Slovak Republic v. Achmea

By Lorenzo Gasbarri – In this case, the ECJ explicitly refers to EU law as being international law and at the same time forming an internal legal system. What does this mean, and are there consequences for the interactions between legal regimes?