The Role of Advisory Opinions in Shaping International Climate Change Law
By Daniel Uribe Terán
This policy brief analyses how advisory opinions (AOs) from the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACtHR) are fundamentally reshaping international climate law. These AOs are crystallising States’ climate commitments, transforming them from voluntary political pledges into binding legal obligations grounded in customary international law and human rights. This judicial shift establishes stringent, science-based due diligence standards, confirms State responsibility for harm, and provides a powerful legal foundation for accountability and reparation.
From Fragmentation to Impact: Strengthening Southern Agency in Global AI Governance
By Vahini Naidu and Danish
Artificial Intelligence (AI) is transforming production, trade and governance systems, yet global regulatory efforts remain fragmented and uneven. The multiplicity of forums, frameworks and initiatives, from UN processes to plurilateral and trade-centred mechanisms, has produced overlapping agendas and resulted in diminished participation from global South stakeholders. For developing countries, the challenge is to engage meaningfully in global AI governance while preserving national policy space and advancing sustainable development priorities.
This policy brief examines the evolving landscape of AI governance, focusing on its institutional fragmentation and the competing conceptions of regulation advanced through the UN, G20, BRICS, and other fora. It argues that coherent, development-oriented AI governance requires strengthening UN-anchored processes and linking AI regulation to industrial policy, innovation systems and data sovereignty. The brief concludes that inclusive, sustainable and responsible AI governance should support governments in enhancing their capacities to harness AI and emerging technologies to shape their digital transformation.
Leveraging the ICJ Opinion to Secure a Just Climate Future for the South during COP30
By Daniel Uribe Terán
The 30th Conference of the Parties (COP30) in Belém converges with the recent International Court of Justice (ICJ) Advisory Opinion on Climate Change, creating a critical inflexion point for global climate action. This policy brief analyses how the ICJ Opinion has the potential to reframe climate commitments, transforming them from political aspirations into legally binding obligations. The Opinion establishes objective standards for ‘due diligence’, integrates the CBDR-RC principle as a legal criterion for ambition, and inextricably links climate action with human rights. The ICJ Opinion confirms that a breach of these obligations triggers a duty of ‘full reparation.’ This policy brief recommends a strategy for developing countries to leverage this new legal framework at COP30.
The Constitutional Shield: How Colombia’s Judiciary Shapes Investment Treaties Through Joint Interpretation
By Daniel Uribe Teran
This policy brief examines an innovative judicial approach by the Colombian Constitutional Court in response to an increase in investor-state dispute settlement (ISDS) claims. The Court introduced a doctrine called ‘conditional constitutionality’ (exequibilidad condicionada), which mandates the executive to negotiate binding joint interpretative declarations prior to ratifying an International Investment Agreement (IIA). This process aims to clarify ambiguous language and ensure that IIA provisions align with constitutional principles, particularly concerning the sovereign right to regulate and the protection of human and environmental rights.
The analysis examines the “constitutional shield” doctrine established by this domestic mechanism, emphasising its legal basis in Article 31.3(a) of the Vienna Convention on the Law of Treaties. However, it highlights a significant discrepancy: the uncertain acknowledgement of these subsequent agreements within the international investment arbitration framework. The brief notes that arbitral tribunals, which often function as autonomous legal systems, may not consistently respect such domestic constitutional provisions. This creates ongoing tension between national sovereignty and arbitral independence. The policy brief concludes by addressing the limitations of relying solely on domestic solutions and calls for systemic reforms at the international level, such as within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III.
Reeling Towards Termination: Assessing the WTO Agreement on Fisheries Subsidies and the Future of Fisheries Disciplines
By Vahini Naidu
The WTO Agreement on Fisheries Subsidies (AFS, “Fish 1”) entered into force on 15 September 2025, introducing new disciplines on subsidies linked to illegal, unreported and unregulated fishing, overfished stocks, and certain high seas activities. While celebrated as a landmark achievement, the Agreement is partial in scope, omitting the broader category of capacity-enhancing subsidies that drive overcapacity and fish stock depletion. Its obligations rely on national determinations and extensive notifications that may prove burdensome for developing Members while allowing major subsidisers to retain flexibility. The unprecedented termination clause in Article 12 ties the Agreement’s survival to the adoption of additional “comprehensive disciplines,” underscoring both the fragility of the current outcome and the need for continued negotiations. The experience of Fish 1 reveals significant lessons for the proposed WTO reform, including the importance of reviewable and time-bound rules, the risks of imbalanced sustainability provisions, and the institutional weaknesses of restricted negotiating processes.
Advancing Responsible Foreign Investment through a Legally Binding Instrument on Transnational Corporations and Other Business Enterprises
By Daniel Uribe Terán
Foreign Direct Investment (FDI) presents a complex dynamic, offering potential economic growth while posing significant risks of human rights abuses and environmental degradation. This policy brief considers that current voluntary frameworks, such as Economic, Social, and Governance (ESG) and voluntary due diligence standards, are insufficient to protect human rights, as they primarily focus on mitigating investor financial risk rather than preventing actual harm. Furthermore, the international investment regime, particularly the Investor-State Dispute Settlement (ISDS) mechanism, systemically undermines States’ sovereign right to regulate in the public interest. ISDS cases often penalise governments for enacting environmental, labour, and human rights protections, creating a “regulatory chill” that prioritises corporate profits over social welfare. The proposed Legally Binding Instrument (LBI) on business and human rights is presented as a necessary response to establish mandatory, enforceable obligations for corporations. This includes robust Human Rights Due Diligence (HRDD) and legal liability mechanisms, thereby rebalancing the system to ensure corporate accountability and align investment with sustainable development goals.
Taking Forward Digital Public Infrastructure for the Global South
By Danish
Digital Public Infrastructure (DPI) has received significant attention for its role in promoting inclusive and effective digital transformation, particularly in the countries of the global South. Elevated onto the global agenda under India’s Group of Twenty (G20) Presidency in 2023, DPIs are now considered as key digital solutions for providing essential services like digital identity, financial inclusion, and access to e-governance platforms. Yet, realizing the full potential of DPI in developing countries requires building a policy and regulatory framework that fosters trust, protects rights and addresses persistent digital divides. Robust institutions and governance mechanisms are equally essential to ensure that DPI adoption is inclusive, equitable and aligned to national priorities.
This paper provides a snapshot of the recent policy and regulatory developments on DPI, as well as the relevant stakeholders at the national and international levels. It then considers the challenges of the digital divide for developing countries and briefly presents some national experiences on the use of DPIs for increasing financial inclusion and promoting e-governance. The paper concludes by offering some recommendations to fully harness the benefits of DPI for accelerating sustainable development and digital transformation in the countries of the global South.
History of the Negotiations of the TRIPS Agreement
By Carlos Correa
When the currently developed countries started their industrialization process, the intellectual property system was very flexible and allowed them to industrialize based on imitation, as it was notably the case of the United States. The international intellectual property system evolved since the end of the XIX Century based on a number of conventions on which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) was later built on. Developing countries resisted the incorporation into the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) of broad disciplines on intellectual property, as they were conscious that they were disadvantaged in terms of science and technology and that a new agreement, with a mechanism to enforce its rules, would freeze the comparative advantages that developed countries enjoyed. Faced with the threat of not getting concessions in agriculture and textiles -that were crucial for their economies- they were finally forced to enter into negotiations of an Agreement, the terms of which were essentially dictated by developed countries. Coercion rather than negotiations among equal partners seems to explain the final adoption of this Agreement.
Sexual and Reproductive Health and Rights in the Context of International Human Rights
By Carlos Correa and Daniel Uribe
This policy brief examines the growing recognition of sexual and reproductive health and rights (SRHR) within the framework of international human rights law. It traces the evolution of this consensus through key United Nations (UN) General Assembly and Human Rights Council resolutions, foundational documents like the International Conference on Population and Development (ICPD) Programme of Action and the Beijing Platform for Action, and the interpretative work of human rights treaty bodies. These instruments increasingly affirm that SRHR are an integral component of the right to health and are essential for gender equality. However, this brief also highlights the challenges these common efforts face in line with other views, which prioritise national sovereignty in determining policies on reproductive health. The analysis highlights the tension between the evolving international human rights framework and state-centric approaches, concluding with the imperative for ongoing dialogue to solidify and implement SRHR as universal, inalienable human rights.
Impact of Global Trade Tensions on Developing Countries: How to respond to a reset of the global economic system
By Yuefen Li
The recent unilateral, significant and broad-ranging tariff hikes by the new United States administration have triggered unprecedented trade tension in the world and led to significant downward revisions of the world’s economic and trade growth projections for 2025 and beyond.The main aims of the U.S.’ trade policies are complex and strategic, not only about reducing thetrade and fiscal deficits, but also addressing the dollar overvaluation problem, “reconfigur(ing) the global trading and financial systems to America’s benefit”, promoting economic “fairness” and “making America great again”.As what has frequently happened before, the poor countries are disproportionally affected by the negative repercussions of thesepolicies, owing to their financial and capacity constraints and weaknesses to absorb the impact. This short paper analyses through which channels and to what degree trade tension would introduce economic, financial and political stability risks for developing countries, particularly in financially distressed developing countries. A few policy recommendations are also briefly mentioned.
Education & Learning and the Global Digital Compact
by Kishore Singh
The Global Digital Compact, annexed to the Pact for the Future, adopted by the international community at the United Nations Summit of the Future in September 2024, is an ambitious move by the international community to leverage digital technologies for attaining the Sustainable Development Goals (SDGs). It embodies a series of decisions with political commitments for action, with a cautious approach, which relate ipso facto to Sustainable Development Goal (SDG) 4, with a focus on skills development.
Salient features of the Global Digital Compact, notably, a human-centric approach to the life cycle of digital and emerging technologies, along with human oversight of technology, treating digital as a common good, the importance accorded to “equitable digital environment for all” and the need for common frameworks and standards for digital public infrastructure and services, etc., have far reaching implications for education and learning.
As a follow up to the Global Digital Compact, it is incumbent upon governments to recalibrate education and learning. This can stimulate policy measures for National Skills Development Strategies. In tune with the principles and policy directions in the Global Digital Compact, this can go a long way in tackling some key issues and challenges with which the education system is beset today. The creation of an equitable learning environment, envisaged by the Global Digital Compact, can be pivotal for bridging a deeply entrenched digital divide. The principle of making the digital subservient to a public good can be a bulwark against forces of privatisation and reverse the trend of flourishing ‘edu-business’, reinforced by ‘edu-tech’. This is invaluable for preserving education and learning as a public good. Similarly, it would be salutary if pursuant to the human-centric approach to technologies embraced by the Global Digital Compact, the risks that digital technologies carry, their pitfalls and perils and their dehumanizing consequences in education are fully addressed. While fostering a humanistic mission of education and learning, such action measures necessitate setting limits to digital technologies which are supplanting the education system.
High expectations placed by governments on international cooperation and multistate partnerships, especially for financial and technical support to developing countries, call for a prudent stance, bearing in mind a rather discouraging experience in this respect.
The challenges in operationalizing the Global Digital Compact are formidable. They require resolute action by governments for living up to their commitments, supported by necessary resources and robust public policies based upon the norms and principles established by the Compact.
Scaling Up the Health Response to Climate Change: Highlights from the World Health Organization Executive Board’s 156th Meeting on the Global Action Plan on Climate Change and Health
By Bianca Carvalho
The Executive Board of the World Health Organization (WHO), during its 156th meeting held from 3-11 February 2025, discussed a draft Global Action Plan on Climate Change and Health (2025 – 2028) (EB156/40). This policy brief explains the content of the draft Global Action Plan and summarises the feedback provided by Member States during the Executive Board meeting.
Member States at the 156th WHO Executive Board meeting made recommendations for the Global Action Plan, including to ensure that equity remains central, to foster collaboration across sectors, and to enhance support mechanisms—both technical and financial—for developing countries addressing the intersection of climate change and health challenges. Member States also called for more consultations before the draft Global Action Plan is considered for adoption at the 78th World Health Assembly in May 2025.
