Advisory Opinions
The First Conference on Transitioning Away from Fossil Fuels: Reclaiming Multilateralism for a Just Transition
Informal Note, 28 April 2026
By Daniel Uribe Terán
The First Conference on Transitioning Away from Fossil Fuels, co-hosted by Colombia and the Netherlands, serves as a necessary platform for reclaiming multilateralism for a just transition. This paper analyses how the conference addresses the ‘judicialization’ of climate obligations following landmark 2025 advisory opinions 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). It highlights critical barriers facing developing countries, specifically the ‘regulatory chill’ caused by Investor-State Dispute Settlement (ISDS) mechanisms and the ‘debt-fossil fuel trap’ that binds extractive economies to external risks. It also recognises that integrating the ‘People’s Summit’ outcomes into the official Conference could promote a reparative financial model and strengthen the principle of Free, Prior, and Informed Consent (FPIC). Ultimately, Santa Marta should provide a blueprint for systemic reform, ensuring that global decarbonisation respects resource sovereignty and human dignity while moving toward a coordinated, legally backed effort for collective survival.
(more…)
Lights Go Out at the WTO’s Appellate Body Despite Concessions Offered to US
By Danish and Aileen Kwa
As of 11 December 2019, the Appellate Body (AB) of the World Trade Organization (WTO) has been rendered non-functional. This policy brief provides a summary of the issues discussed amongst WTO Members in the last two years, in their valiant efforts to address the US’ concerns regarding the AB. The issues include: the use of AB Members’ services to complete an appeal after their term has officially expired; timelines for issuance of AB reports; the meaning of municipal law; advisory opinions; precedence-setting; and overreach by the AB. After much effort by Members in the ‘Walker process’ of negotiations, concessions have been proposed to the US in the draft General Council Decision of 28 November 2019. Language was provided limiting the scope of appeals to questions of law, even though there are situations where the boundary between issues of law and fact are difficult to draw. The text also provides that ‘precedent’ is not created through WTO dispute settlement proceedings. In the area of anti-dumping, the language inserted by the US into the anti-dumping agreement to protect their zeroing practices is confirmed. Nevertheless, the US has rebuffed these offered concessions. It seems determined to amplify its leverage by taking the WTO’s Appellate Body hostage, to extract still more from other Members, including in terms of far-reaching ‘WTO Reforms’.
(more…)
