So you want to contract in the Congo? Force majeure clauses and resource nationalism

The DRC sits at the precipice of two rising menaces — resource nationalism and resource conflict. As critical minerals grow in value during the global energy transition, a key question has arisen. What is international contract law’s capacity to protect private persons attempting to trade from the trenches of mounting geopolitical tides, breeding embargo and war? … Continue readingSo you want to contract in the Congo? Force majeure clauses and resource nationalism

The Limits of International Law: from Srebrenica to Gaza

With every major human rights violation, war, or humanitarian catastrophe, we see the invocation of international law. From Rwanda to Bosnia and Herzegovina, to Iraq and, most recently, Gaza, the language is familiar and repeats itself.
The question, then, is not whether international law exists, but whether its failure lies in inherent weakness or in its selective implementation. … Continue readingThe Limits of International Law: from Srebrenica to Gaza