The Parties to the Paris Agreement have committed to communicate successive ‘nationally determined contributions’ (NDCs) to the global response to climate change. Each NDC is expected to reflect the Party's ‘highest possible ambition’ (HPA) on the mitigation of climate change. This article envisages the possibility of taking HPA seriously: that is, of approaching it as an effective legal standard. It shows that, in some circumstances, the HPA standard can help to assess whether a State has complied with due diligence obligations on climate change mitigation.

As the human right to a healthy environment is codified around the globe, some systems still lag behind. One noticeable straggler is the Council of Europe, which is currently undergoing its fourth attempt to recognize the right. This article examines the proposals tabled within this system in light of overarching debates about climate justice and environmental rights, before focusing specifically on the spatial and temporal limits of the European Convention on Human Rights (ECHR) and the institutional features of its Court. First, the article describes what the author sees as the current liminal moment in the development of human rights law, a time of transition in which established legal concepts can be questioned or reaffirmed. Second, it sketches recent proposals for locating and conceptualizing the right to a healthy environment within the Council of Europe. Evaluating different options, it makes the case for including this right in the ECHR. Third, the article discusses the right's potential to reshape the spatial and temporal limitations on legal subjectivity and Convention protections. These proposals come at a crucial time when the system's ability to protect human rights from environment-related impacts is being tested by climate litigation. The article understands these developments as interrelated and discusses whether current proposals could deliver on demands for climate justice by extending protection to future generations and for extraterritorial environmental impacts.

In November 2023 the United Nations (UN) General Assembly and Security Council elected (in one case, re-elected) five judges to the International Court of Justice. The electoral system is considered to be overly politicized and to pay lip service to the requirements that judges must be elected on the basis of their qualifications, regardless of their nationality, and that in the body as a whole, the representation of the main forms of civilization and the principal legal systems of the world should be assured. Several amendments to the system of nominations and elections have been proposed that would require a reform of the Court's Statute. This article proposes four measures that could be adopted without amending the Statute or encroaching on the prerogatives of national groups, UN organs or Member States: (1) ensure the representation of the principal legal systems, in part by promoting regional diversity on the bench; (2) remove the use of nationality as a factor in casual elections; (3) establish a vetting process and public hearings; and (4) promote a single vote for Security Council members. It argues that the measures proposed would lead to a change in the present culture of nominations and elections towards one that favours the qualification of the judges over political considerations.

The Geneva Convention relative to the Protection of Civilian Persons in Time of War provides a practical and effective framework for the protection of civilians in international armed conflicts that has retained its relevance for 75 years since its adoption. As with all treaties, its ‘object and purpose’ has a concrete impact on how its terms are interpreted, giving insights into the ordinary meaning of the text and allowing the aim of the Convention to be fully realized. This article asks and answers a series of questions to elucidate the role of the object and purpose in treaty interpretation and how to identify the object and purpose of a given treaty before focusing on the specificities of international humanitarian law treaties. On that basis, it determines that the overall ‘object and purpose’ of the Convention is to protect civilians during armed conflict, including in circumstances where they are subject to permissible measures of control and security. The article then demonstrates how that ‘object and purpose’ assists with the resolution of specific, well-known interpretive dilemmas including the determination of protected status under the Convention and the application of provisions premised on the existence of a Protecting Power.

The dichotomy between jurisdiction and admissibility developed in public international law has drawn much attention from arbitrators and judges in recent years. Inspired by Paulsson's ‘tribunal versus claim’ lodestar, attempts have been made to transpose the distinction from public international law to investment treaty arbitration, yielding a mixed reception from tribunals. Remarkably, a second leap of transposition has found firmer footing in commercial arbitration, culminating in the prevailing view of the common law courts in England, Singapore and Hong Kong that arbitral decisions on admissibility are non-reviewable. However, this double transposition from international law to commercial arbitration is misguided. First, admissibility is a concept peculiar to international law and not embodied in domestic arbitral statutes. Second, its importation into commercial arbitration risks undermining the fundamental notion of jurisdiction grounded upon the consent of parties. Third, the duality of ‘night and day’ postulated by Paulsson to distinguish between reviewable and non-reviewable arbitral rulings is best reserved to represent the basic dichotomy between jurisdiction and merits.

This article conducts an analytical review of the works of three prominent Thai comparative law professors: Professor Preedee Kasemsup, Professor Phijaisakdi Horayangkura and Professor Sanunkorn Sotthibandhu. Although influential in Thailand, their works are mostly in Thai and therefore have received little academic attention outside the kingdom. The authors argue that the works of these scholars have the potential to shine new light on comparative law theory and bring voices from the Global South to add fresh perspectives and contexts to a discipline dominated by scholars from the Global North. Moreover, this examination highlights the challenges that comparative law faces in freeing itself from this hegemony when using internally developed concepts and modes of questioning.

This article analyses the challenges that online marketplaces and e-commerce pose to traditional product liability doctrines. It uses a comparative perspective to examine whether an online platform can be liable to a consumer for a defective product purchased on its platform, and the adaption of product liability law to this challenge in a series of jurisdictions. It reflects on the role of litigation and regulation, focusing on Europe and the United States, and considers reform in a number of jurisdictions in this area. It concludes with proposals for increasing the accountability of online marketplaces for products sold on their websites.

In 2023, the Organisation for Economic Co-operation and Development (OECD) launched an updated version of the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The changes represent substantial and potentially far-reaching implications for business, particularly in the areas of climate change and biodiversity. This article examines the 14 climate-related complaints filed under the Guidelines prior to the adoption of the 2023 Update, showing how many of these cases illustrate the potential interlinkages between the human rights and climate change dimensions of the Guidelines. The article then discusses how the updated provisions may influence future complaints concerning climate change. Based on this analysis, the article concludes that the Guidelines could have been strengthened by the explicit integration of climate change into the scope of corporate human rights responsibilities under the Guidelines.

This article suggests a new interpretative framework for Article 27(2) of the Fourth Geneva Convention, which prohibits sexual violence against women in armed conflict. One specific aspect of this norm is particularly controversial: the notion of ‘honour’ has often been criticised as an obsolete concept linked to an outdated view of female morality. In the absence of a definition of the term, this article examines whether the gendered limitations of the norm can be overcome and the extent to which an evolutive interpretation of the concept is feasible. It argues that the concept of ‘honour’ can be treated as a generic term that is subject to evolutive interpretation, allowing for a renewed and gender-sensitive understanding to be developed, aligned with the concept of human dignity.