Published on 7 September 2018 in Client Alerts

The American Law Institute will publish its Fourth Restatement of the Foreign Relations Law of the United States.

This month, the American Law Institute will publish its Fourth Restatement of the Foreign Relations Law of the United States.  The new restatement, compiled by some of the most prominent scholars and practitioners in the field, comes more than thirty years after the last restatement on the subject.  Even before publication, the new restatement is generating some controversy, which will have particular resonance in the BHR field, due to its assertion that “with the significant exception of various forms of immunity, modern customary international law generally does not impose limits on jurisdiction to adjudicate.” Some have questioned whether this reflects settled law or creates new law.  We will comment further in due course.

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The Council of Europe adopts the Chișinău Declaration to address the application of the European Convention on Human Rights to migration issues

On 15 May 2026, the Committee of Ministers of the Council of Europe adopted the Chișinău Declaration.  The Chișinău Declaration sets out the Member States’ collective position on the scope and application of the European Convention on Human Rights (the “ECHR”) to certain migration-related matters, such as expulsion of foreigners convicted of serious crimes, mass arrivals, the

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Cambodia and Thailand to engage in compulsory conciliation under UNCLOS over unilaterally severed Maritime Pact

On 5 May 2026, Thailand announced a unilateral termination of its Memorandum of Understanding dated 18 June 2001 (“Agreement”) with Cambodia pertaining to their joint exploration rights in the area of their overlapping Maritime Claims to the Continental Shelf.

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European Union publishes draft changes to its current foreign direct investment screening system

On 10 February 2026, the Council of the European Union published a near final draft of a regulation to change the European Union (“EU”) rules on screening foreign direct investments.  Once implemented, the changes will significantly affect foreign investments into the EU.

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Canada and South Korea Sign Defence Agreement 

On 25 February 2026, Canada and the Republic of Korea signed a new defence agreement in Ottawa during a Canada–Republic of Korea Foreign and Defence Ministerial Meeting.  The agreement establishes a framework for the exchange and protection of classified military and defence information, following negotiations concluded in October 2025. The agreement forms part of broader

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