When a host state discriminates or otherwise treats a foreign investor illegally, under substantive commitments made (usually nowadays under an investment treaty concluded with the investor’s home state), the investor not infrequently brings an investor-state dispute settlement (ISDS) arbitration claim against the host state. What does or should happen when the foreign investor brings a concurrent claim before the domestic courts of the host state?

International shipping is one of the largest sources of climate pollution. The conventional view is that, despite some ambiguities in the climate treaties, international law only requires states to implement global rules adopted by the International Maritime Organization. This overlooks the important and timely question of whether other sources of law oblige states to do more. This Article argues that customary environmental principles, human rights law, and the UN Convention on the Law of the Sea mandate that states take all necessary measures to prevent and reduce shipping’s climate risks.

When delimiting the power of churches to discriminate, U.S. and European jurisprudence have developed significantly different responses. The U.S. Supreme Court has embraced an “absolutist approach” by using the ministerial exception doctrine, which allows churches to discriminate against their ministers even if the grounds for discrimination are not based on religious doctrine. The European Court of Human Rights, on the other hand, has adopted a “balancing approach,” according to which the rights conflicting in each case must be weighed. The result is that acts of discrimination by churches that are not based on religious doctrine do not appear to be protected in Europe.

Following the promulgation of the UN Guiding Principles on Business and Human Rights (UNGPs) in 2011, several countries began statutorily requiring their largest companies to report on human rights risk across their supply chains.

In the wake of the landmark Foreign Investment Law of 2020, all Sino-foreign joint ventures formed under China’s prior foreign investment legal regime must reorganize and register in compliance with the requirements of the Company Law by December 31, 2024.