Energy Transition Finance for Net Zero: Legal Challenges and Opportunities

February 26, 2024 by Daniel Kim Environmental, Social, and Governance (ESG) Project Development and Project Finance

The world is precariously burning through a short fuse to irrevocable climate catastrophe. The need for collective efforts to keep global temperatures within the elusive goal of 1.5°C above pre-industrial levels has never been more pronounced. Within this dire landscape, COP 28 in Dubai represented a watershed moment in the fight for climate change.

Legal Framework for Investment in Infrastructure Projects in Peru

January 23, 2024 by Jorge Saldaña Project Development and Project Finance

I. Introduction In general, Peru’s legal framework promotes foreign investment equality. Infrastructure projects follow various public procurement regimes, including Public-Private Partnerships (“PPPs”). Legal Stability Agreements are used to protect…

Overview of the Proposed Binding Treaty on Business and Human Rights

March 9, 2023 by Zgjim Mikullovci Business and Human Rights

Recognizing that victims of all disasters caused by businesses should have a prompt and effective remedy in future situations, the international community has for several years been considering a comprehensive international approach to such situations involving a binding international convention on business and human rights. A draft of the convention is being negotiated and amended in order to reach a compromise between states.

Managing Risky Business - The International Regulatory Framework of Spyware Companies: Where it is Lacking and Where it is Heading

January 30, 2023 by Ronnie Rosen Zvi Export Controls

The international community is currently experiencing a global crisis of technological surveillance abuse, which has raised the attention of governmental agencies and international organizations worldwide. Those bodies are calling for the tightening of enforcement in this area, and specifically for the inclusion of human rights considerations within national export controls and regulatory frameworks.

GFANZ & NZBA: The Financial Industry’s Path to a Net-Zero Economy?

November 28, 2022 by Juan Mejia Gonzalez Environmental, Social, and Governance (ESG)

Among the remarkable results of the UN Climate Change Conference in Glasgow (COP26), one promises to be a game changer in the world’s struggle to overcome the climate change threat: the Glasgow Financial Alliance for Net Zero (GFANZ).

Electricity Reform in Mexico: the Negative Impact on Foreign Investors and Potential Claims under the USMCA.

November 28, 2022 by Patricia Rios Ruiz Investor-State Dispute Settlement (ISDS)

Since taking office in 2018, the president of Mexico (Andrés Manuel López Obrador or “AMLO”) has encouraged and developed policies that have given more control to the government over different markets and industries. His leftist ideology has gained so much power that his proposals and decisions have changed foreign investment in crucial ways.

Are Investments in Cryptocurrencies Protected under the BIT regime?

March 25, 2022 by Abhik Chakraborty and Rishi Ray Cryptocurrencies

In the last decade, there has been a rapid increase in the global development of cryptocurrencies, which has challenged the monetary sovereignty of central banks around the world. This has led to regulatory sanctions against crypto-mining and the use of cryptocurrencies in various jurisdictions. Given that the crypto markets are at the mercy of the state’s regulators, through this post, we analyze whether investments in cryptocurrencies would be protected under the international investment arbitration framework.