Learnings must become practice as the Taliban return Expert comment NCapeling 7 September 2021

There is greater awareness of the adverse impact of counterterrorism measures and sanctions on humanitarian action. It is time to apply lessons learned.

The 9/11 attacks prompted the international community to adopt a wide range of counterterrorism measures. Debate continues over their compliance with international humanitarian law (IHL) and human rights law, and their effectiveness.

What has become clear is that some of these measures have made it difficult for humanitarian assistance to be provided to the millions of people living in areas under the control of armed groups designated as terrorist, or where such groups have a significant presence.

These include Al-Qaeda in Yemen’s Arabian peninsula, ISIL affiliates in Syria, Al Shabaab in Somalia, Boko Haram in Nigeria, Hamas in Gaza, and various Al-Qaeda affiliates in the Sahel. The lessons painfully learned need to be applied to Afghanistan under Taliban rule.

Impeding humanitarian work

Traditionally, legal counterterrorism measures criminalized acts of violence but, in recent years, measures adopted by the UN Security Council, the European Union (EU), and some states unilaterally, have expanded to address broader forms of support for terrorist acts and to groups designated as terrorist.

When these measures apply in situations of armed conflict – and in the absence of adequate safeguards – they can impede humanitarian organizations from operating as foreseen by IHL and in accordance with humanitarian principles, which require life-saving assistance to be provided in an impartial manner. Restrictions in sanctions imposed for policy objectives other than counterterrorism create similar tensions.

Prohibitions on making funds or other assets available directly or indirectly to persons or groups designated as terrorist can capture incidental payments made during humanitarian operations and relief consignments which are diverted and end up in the hands of these designated groups.

The most extreme restrictions cover the provision of medical assistance, in violation of the foundational principle of IHL that everyone who is wounded and sick – civilian or fighter – is entitled to medical care without discrimination, and those who provide it must not be punished.

Humanitarian organizations have been highlighting these problems for more than a decade. Recent developments give cause for cautious optimism that a turning point has been reached, as the bodies imposing counterterrorism measures and sanctions internationally and domestically have begun to demand compliance with international law and IHL.

In 2019 the UN Security Council unanimously issued a binding demand to member states to ensure all counterterrorism measures they adopt comply with obligations under international law, including IHL.

Recent renewals of UN country-specific sanctions have included similar demands with regards to measures taken by member states to give effect to them. Although this still falls short of an express exception for humanitarian action, it is a significant development, and a strong encouragement to include appropriate safeguards when implementing UN measures domestically.

Similar encouraging practice is discernible at EU level, and new domestic counterterrorism laws adopted by several states include safeguards for humanitarian action.

Applying lessons learned to Afghanistan

It is too soon to know what policies the Taliban will adopt, and the measures that the international community will take to promote compliance with IHL, human rights, and counterterrorism objectives. Nonetheless, policymakers implementing sanctions – and considering their expansion – cannot ignore their potential adverse impact on humanitarian action. They must bear in mind five key lessons.

First, there must be clarity on current legal restrictions, starting from who is designated under sanctions and counterterrorism measures. The UN Security Council has never designated the Taliban per se. Instead, it has listed ‘individuals, groups, undertakings and entities associated with the Taliban’. At present this list includes 135 individuals and five entities, four of which are ‘hawalas’ – money changers – the other being the Haqqani Network, a Sunni Islamist group.

UN financial sanctions require states to freeze the assets of designated persons and groups and ensure no funds, financial assets, or economic resources are made available to them, either directly or indirectly.

EU and UK sanctions simply replicate the restrictions and designations imposed by the UN, but the US has designated the Taliban as a ‘specially designated global terrorist’ which makes the Global Terrorism Sanctions Regulations applicable. These prohibit US nationals from making any contribution or provision of funds, goods, or services to, or for, the benefit of the Taliban.

Second, while listed individuals may play a role in the forthcoming Taliban administration, sanctions do not prohibit providing resources to a government department headed by a designated person.

There is a distinction between an individual and a department, and prohibitions in counterterrorism measures or sanctions on the provision of funds or other assets apply to the designated person, not to the department they may head.

Problems may arise if a designated person appropriates resources for personal benefit or to undermine policy objectives for which the sanctions were imposed. But this does not bring the department within the scope of the designation. Instead, the issue must be addressed from a prevention of diversion perspective.

Third, sanctions and counterterrorism measures must be designed so as to minimize their adverse impact on humanitarian action. One way of doing so is designating leadership figures rather than groups. The new US administration took this approach towards the Houthi in Yemen, with the designation of the group being revoked and new designations focusing on its leaders.

The chilling effect of sanctions is far broader than the actual restrictions they impose. Commercial actors in particular limit their activities in areas they perceive as high risk. In view of this, the effect of expanding existing designations to list the Taliban, now that it is in control of Afghanistan, would be to turn targeted sanctions into comprehensive ones.

In parallel, sanctions or counterterrorism measures should include express safeguards, which exclude funds, assets, and other support provided during humanitarian action from the restrictions – ideally in the form of exceptions or, if an option, general licences.

The adverse impact of the US Global Terrorism Sanctions has been limited until now, as only a small number of humanitarian actors subject to US measures operated in areas under Taliban control. This has now changed, and it is imperative the US issue a broad general licence to exclude assistance provided during humanitarian action from the sanctions.

Fourth, restrictions in funding agreements must not be more onerous than the underlying measures they aim to promote compliance with – in particular, they must not require screening or exclusion of final beneficiaries from the assistance they have been determined as requiring.

Finally, engagement with non-state armed groups for humanitarian purposes is essential for conducting operations effectively and safely, both for humanitarian organizations and the people they are trying to assist. Counterterrorism measures and sanctions do not prohibit such contact even when such groups or their members have been designated.

The past two decades have given states ample time to learn to avoid the adverse impact of sanctions and counterterrorism measures on humanitarian action. The people of Afghanistan deserve that these lessons now be applied.

Our research paper IHL and the humanitarian impact of counterterrorism measures and sanctions identifies the principal points of friction between these bodies of law, clarifies outstanding issues and misunderstandings, and offers practical recommendations for resolving tensions.

How can the investor community address the ‘S’ in ESG? – the role of social purpose values 16 November 2021 — 1:30PM TO 2:30PM Anonymous (not verified) 18 October 2021 Online

This webinar highlights the crucial relationship between an open civic space and a profitable business environment.

2020 was a tipping point for investors to think and act more responsibly, galvanized by catalysts like the killing of George Floyd and the pandemic. There is increasing investor support for social and environmental causes. Younger investors are placing increasing emphasis on values and social issues in their investment decisions.

The ‘S’ in the Environment Social and Governance (ESG) agenda is clearly gaining traction, but how far does it extend to civil and political liberties i.e. the right of citizens, NGOs and journalists to speak freely, assemble and associate which are increasingly shrinking around the world?

While there is increasing focus on human rights issues such as modern slavery and supply chains, civil society space issues often fall between the cracks when investors consider ESG.

This webinar also explores opportunities and challenges that arise for the investor community in terms of factoring civic space issues into their political risk and ESG analysis.

• To what extent are civic space issues being factored into ESG social purpose values, especially by younger investors?
• What is the best methodology for assessing these issues in order to ensure a common and coherent set of global standards in this area?
• And how can investors mitigate the risks of their activities to civic space in practice?

The trickle-up effect of rights-based climate litigation Expert comment NCapeling 16 November 2021

With governments failing in their pledges and companies accused of ‘green-washing’, human rights-based litigation is increasingly important for accountability.

Tuvalu’s foreign minister addressing COP26 while standing knee-deep in seawater was a stark illustration of how the climate emergency directly and imminently threatens the most basic human rights protected under international law – including to the right to life, self-determination and cultural rights.

Human rights are now a fundamental component of more than 90 per cent of the climate litigation currently taking place outside the US, highlighting the international reach of human rights law and how its emphasis on protecting the most vulnerable helps diverse communities find common arguments for shared goals.

Cases are set to continue and to evolve but three types of claim are emerging, each of which is examined in a new Chatham House briefing paper.

1. Enforcing commitments

One category of cases seeks to hold states accountable for pledges they have made on climate change, such as emission reduction targets made under the framework of the 2015 Paris Agreement. Drawing on human rights obligations, governments can be charged with not taking sufficient steps to implement these pledges.

The case of Leghari v Pakistan (2015) concerned the government’s failure to carry out the National Climate Change Policy of 2012 and the Framework for Implementation of Climate Change Policy (2014-2030). The Lahore High Court held that several of the human rights enshrined in Pakistan’s constitution cover climate change and ‘provide the necessary judicial toolkit to address the government’s response to climate change’.

The court ordered the government to carry out measures such as publishing an adaptation action plan realizable within a few months of the order and establishing a Climate Change Commission to monitor progress.

2. Positive duties to mitigate risks

Many rights-based climate cases are being brought to clarify the scope of states’ positive duties under human rights law to take meaningful steps to protect their citizens against foreseeable risks to life and other rights.

This ‘trickle-up’ effect of human rights was prominent in the case of State of the Netherlands vs the Urgenda Foundation (2019) where the Dutch Supreme Court held that reducing emissions with the highest possible level of ambition amounts to a ‘due diligence standard’ for states to comply with their positive duties to adopt adequate measures to address climate change. Human rights law was also used by the court to fill in the content of the due diligence standards.

There is also a growing trend for rights-based actions to be brought against corporations, such as a recent case which drew on the UN Guiding Principles on Business and Human Rights to define the parameters of Shell’s duty of care and due diligence obligations in relation to carbon emissions under Dutch law. The court ordered Shell to reduce emissions by a net rate of 45 per cent by the end of 2030 – relative to 2019 figures – through its group corporate policy.

3. Avoiding harm in climate action

The global human rights regime is also increasingly invoked in litigation concerning states’ negative obligations to ensure that their climate mitigation and adaptation activities do not themselves contribute to human rights violations (including discrimination) and that states prioritize adaptation measures for those most at risk in a just and equitable way.

As Chatham House’s paper makes clear, this kind of litigation ‘puts pressure on governments to expand their approach to tackling climate change beyond purely a regulatory one to a more holistic strategy’.

Closing the climate justice gap

Climate and environmental litigation grounded in human rights is set to continue given the overwhelming scientific evidence of risks associated with human-induced climate change and the limited confidence in pledges made by states and corporations alike – including those made recently at COP26.

A growing collaboration between civil society organizations and vulnerable communities in relation to both the protection of nature and the enjoyment of their land and cultural rights was evident at COP26, and this alliance will add further momentum to the trend for rights-based climate litigation based on the rights of indigenous and other vulnerable communities, especially on issues such as deforestation.

But more challenges are coming. International human rights law recognizes a duty of international cooperation but there remain significant hurdles for climate-vulnerable communities in developing countries to compel action by richer nations despite the vast debts of ‘carbon colonialism.’

One big issue is the problem of extraterritoriality, as the extent to which states owe obligations to individuals outside their territory is contested. Courts in both Germany and the Netherlands have rejected claimants from developing countries in domestic class actions on this basis. But a recent decision of the UN Committee on the Rights of the Child on a complaint brought by Greta Thunberg and other youth activists against five countries opens the door for further litigation.

One of a number of cases being brought by youth claimants across the world, the committee concluded that a state’s human rights duties can – in some instances – extend to children in other countries. This includes any activities on the territory that host states have the power to prevent from causing ‘transboundary harm’ – such as emissions from the territory – where these activities ‘significantly’ impact the enjoyment of human rights of persons outside the territory.

To date, high-profile rights-based cases have argued for policy change and stronger targets underpinned by binding legislation responsive to the science. Claims are set to become more complex and contested. Building on scientific developments in climate attribution, rights-based litigation is now tackling other difficult questions such as apportioning responsibility and remedial action.

These cases examine both historically high emitters and the public and private actors who either continue specific activities or refrains from action in the face of the overwhelming science linking human activities such as extraction and burning of fossil fuels to deforestation and climatic consequences.

Courts are also likely to explore the duties that states and corporations owe to deliver a ‘just transition’ away from carbon-intensive industries, given the benefits of growth and climate action are already unevenly distributed.

A holistic human-rights based approach

Several states together with civil society are leading the charge for global recognition of the right to a healthy, clean, and sustainable environment in the United Nations (UN) Human Rights Council, and multi-stakeholder processes are defining what effective corporate due diligence looks like.

In addition, UN-appointed special rapporteurs are delivering practical guidance on how to devise solutions which are fair, non-discriminatory, participatory, and climate-resilient without exacerbating inequality – including difficult issues of planned relocation – and UN Human Rights Treaty Bodies are unpacking the duty of international cooperation to act in good faith to address loss and damage.

Recently the Committee on the Elimination of Discrimination Against Women recommended the Marshall Islands, in order to meet its duty to its citizens, should actively seek international cooperation and assistance – including climate change financing – from other countries but in particular the US, whose ‘extraterritorial nuclear testing activities have exacerbated the adverse effects of climate change and natural disasters’ in the islands.

Protecting universal human rights: Imagine a better world Explainer Video NCapeling 19 November 2021

Short animation examining why protecting and defending human rights ensures an equitable response to humanitarian crises and addresses economic inequality.

Human rights are not policies that can be overturned, they are not granted by governments. They belong to everyone as human beings.

For the most part, states are meeting their commitments to defend and protect universal human rights. But increasingly some governments are beginning to shy away from their obligations, and some are even actively seeking to subvert human rights.

And the regional and international bodies created and charged with defending these rights are being challenged by the rise of new powers and political movements.

Chatham House is built on big ideas. Help us imagine a better world.

Our researchers develop positive solutions to global challenges, working with governments, charities, businesses and society to build a better future.

SNF CoLab is our project supported by the Stavros Niarchos Foundation (SNF) to share our ideas in experimental, collaborative ways – and to learn about designing a better future.

Re-imagining trade for domestic and foreign policy Expert comment NCapeling 7 December 2021

Exploring future trade policy through issues such as the green transition, labour standards, human rights, the role of the WTO, and non-trade policy objectives.

Balancing trade and non-trade policy objectives

Marianne Schneider-Petsinger

The supply chain disruptions stemming from the COVID-19 pandemic highlight trade cannot be taken for granted, and economic interdependencies have both benefits and costs. As international commerce rebounds and trade policy is increasingly seen through the prism of enhancing resilience, the moment is ripe to redefine and reimagine trade.

The goal of trade policy has never been to increase trade for trade’s sake, so a new narrative and framework for global trade requires striking a careful balance between pursuing trade and non-trade policy objectives.

Protecting the environment, strengthening labour standards, and upholding human rights have long been goals for which trade policy is used as a lever, and the interaction of trade and national security interests as well as the links between trade and competition policy are not new issues either.

All these non-trade policy aspects have come to the forefront as the geopolitical context has shifted and the transition to green and digital economies has gathered force – and, at times, these different non-trade policy goals clash.

The US and European Union (EU) are promoting solar energy to fight climate change but supply chains for solar panels are heavily reliant on forced labour from Xinjiang, and hence it is not yet certain whether environmental or human rights concerns will prevail. However, it is clear trade policy tools can be part of a comprehensive solution which manages inherent tensions while still advancing both objectives.

Trade policy is also not just a foreign policy instrument but links closely to domestic policy – the populist backlash against globalization in much of the developed world, especially the US and Europe, was in part driven by anti-trade sentiment.

While American attitudes towards trade improved after the 2016 election of Donald Trump, positive views towards trade dropped sharply in 2021. The Biden administration’s worker-centred trade policy aims to address distributional effects of international economic integration which is a long-standing challenge. Thus, tackling non-trade policy issues without losing sight of this unresolved core issue requires careful calibration.

Trade policy is being pulled in many different directions at the same time as the core institution governing global trade – the World Trade Organization (WTO) – is in crisis, and it is uncertain how much of the non-trade policy agenda the WTO can handle. If the linkage to non-trade policy becomes too strong, this could be the straw that breaks the WTO’s back, but if it is too weak, the WTO risks becoming irrelevant in efforts to tackle key global challenges.

But if its 164 members can generate trade-oriented solutions to non-trade issues, they can revive the organization and mobilize domestic support for global trade at the same time. This balancing act in managing the tensions between trade and non-trade policy objectives lies at the centre of future-proofing trade policy and global trade governance.

Developing countries must be part of green trade revolution

Carolyn Deere Birkbeck

The biggest challenge in taking environmental efforts forward within the multilateral context is to successfully combine environmental ambition with an approach which engages developing countries as partners, reflects their environment-related trade priorities, and addresses their sustainable development interests.

The importance of engaging developing countries must not be underestimated because it is vital a global green economy does not leave the poorest behind, or becomes two-tier where green trade happens only between certain countries and the essential task of incentivizing and supporting sustainable production and consumption patterns in all countries is neglected.

The new member-led initiatives at the WTO do signal that, while the rulemaking and negotiating functions remain central to the global trade body, governments recognize the need for enhanced, transparent, and inclusive policy dialogue as well as problem-solving on sectoral issues and specific trade-related challenges.

Given the well-documented challenges of achieving multilateral consensus at the WTO, governments are exploring new ways to work within multilateral frameworks and to redefine what progress and successful outcomes should look like.

Therefore, there is a need for best practices, voluntary action, pledges, and guidelines to both sustain the relevance of the multilateral trading system and support policy action at the national level for trade which underpins environmental and wider sustainable goals.

Making progress on an environmental agenda which reflects sustainable development concerns requires stronger leadership, engagement, and advocacy from business, civil society, and research communities in both developing and developed countries, as well as economies in transition.

Meaningful, inclusive dialogue and action at the WTO also requires deeper efforts to build policy coherence among environment, development, and trade policymaking at home, with environmental ministries having a key role to play in bringing expertise to bear and ensuring strong regulatory environments and institutions for the implementation of national, regional, and international environmental commitments.

But at the domestic level, many countries still have to overcome complex politics and diverse interests as they work to transform their economies toward greater sustainability and tackle the costs of transition.

Social preparation holds the key to trade transitions

Bernice Lee 

Trade being often depicted as the mother of all ills should not come as a surprise, as politicians are only too happy to put the blame on trade when all sorts of exogenous shocks, such as technological change, could actually be the trigger which fires the bullet into local industries or jobs.

Admittedly trade does have a way of breaking the seams in the social fabric but the fact politicians often ignore negative impacts of trade means its benefits can be likened to Schrodinger’s cat, both real and illusive. But trade being mainly depicted as a ‘zero-sum’ pursuit and trade deals as the result of swashbuckling duels belie the reality that the real business of trade is often boring, bureaucratic, but necessary.

This is particularly true when trade provides access to a much larger variety of necessary products, such as medicine, food, and minerals, which can be expensive to make domestically. Selling products and services abroad also brings in the hard currency needed to buy these goods or to spend on trips abroad.

This does not take away the fact trade is extremely disruptive but, as a result of all the theorizing and understandable rants about trade, large swathes of the international community have effectively foregone it as a force for good or as an instrument which – while not the answer to all problems – can help smooth the path to well-being through efficiency gains and income growth, as well as putting to work the theory of comparative advantage as promised by the textbooks.

Alas, what the textbooks do not clearly spell out – until recently – is that trade brings positive benefits only if a society is ready for trade, which often means having the cushion for social protection such as healthcare, unemployment benefits, and opportunities for training and reskilling.

The ‘China shock’ literature vividly depicts how workers rarely seamlessly move from one job or sector to another and so, without adequate social protection, trade not only magnifies existing fractures, it also exacerbates inequality. As the aftershock lingers for decades, the lesson learned is the importance of social readiness for trade, especially the role played by governments in providing support for workers as part of the adjustment to trade and globalization.

Authors of this China shock literature recently suggested the next shock will be the transition from fossil fuel production, but the good news is this so-called ‘just transition’ challenge is one which proponents of green energy are well aware of.

But ultimately the China shock could be the dry run for the advent of machine intelligence, meaning better preparation is needed with solid social policies, investment in institutional readiness, and social preparedness to ensure the machines only take on monotonous and unsafe work – not our livelihoods and communities.

Trading partners must move to creating human rights impact

Dr Jennifer Zerk

The question of whether, and how, trade policy should be used as a way of addressing human rights concerns remains controversial and attempts to link the two still attract accusations of ‘protectionism’ and ‘neo-colonialism’.

Momentum appears to be behind those arguing for greater alignment between trade policy and human rights objectives – a trend which is most noticeable in the increasing willingness of trade partners to reference human rights standards in their trade agreements and in the growth of complementary activities such as human rights impact assessment and monitoring.

Evidence that these are having an impact ‘on the ground’ remains elusive. Nevertheless, efforts to enhance scrutiny of trade agreements from a human rights perspective, and to signal the importance of respect for human rights to a trading relationship, can still have value.

Even if causal relationships between trading arrangements and human rights impacts are difficult to establish conclusively, human rights impact assessment and subsequent monitoring activities provide valuable opportunities for stakeholders to weigh in on aspects of trade policy which are of concern.

Such processes not only help governments to realize rights of public participation, they also contribute to good governance by making it more likely that potential human rights problems will be recognized and addressed.

Turning to the agreements themselves, various ideas have been put forward on how to make these more responsive to human rights concerns.

Options mooted by EU institutions in recent years include an enhanced monitoring and enforcement role for consultative bodies established under specialized ‘trade and sustainable development’ chapters, and better mainstreaming of human rights commitments in sector-specific chapters.

However, given the political and resource-related difficulties in developing credible monitoring systems for human rights-related issues, and the unlikelihood of actual enforcement, many view this as little more than window-dressing.

For governments wanting to see real impact, ‘supply chain due diligence’ regimes pioneered by the EU in relation to timber and conflict minerals present a promising regulatory model.

These regimes seek to curb trade in products derived from, or which aggravate, human rights abuses as well as aiming to promote more responsible sourcing of products by EU importers. They create powerful incentives within partner countries to crack down on harmful practices by producers, which are bolstered further by regulations that demand more proactive human rights risk management by EU operators throughout their supply chains. Capacity-building and aid packages have been deployed to help speed up the necessary reforms.

New regulatory measures imposing mandatory human rights due diligence obligations on companies operating in a much broader range of sectors are now under consideration by the European Commission. While the role of trade-related measures in the enforcement of this new regime is still unclear, trading partners should be sure to preserve the regulatory space for sector-level and company-level initiatives such as these in future agreements.

Understanding the impact of NTPOs on investment

Professor Michael Gasiorek

Increasingly, trade policy is not just all about achieving trade-related outcomes as international trade, by definition, involves interaction with partner countries and therefore trade policy with regard to those partner countries can be used as a means to achieve ‘non-trade policy objectives’ (NTPOs).

In turn this means trade policy is also no longer just about the domestic economy but also about policies and economies in other countries – such as poorer countries achieving sustainable development goals (SDGs), concerns about practices in other countries in areas such as governance or corruption, or a desire to address broader challenges such as climate change.

But the inclusion of NTPOs in trade policy arrangements between countries also creates possible impacts on investment flows between countries. Stronger NTPO commitments could have a negative impact both on foreign direct investment (FDI) and domestic investment because the commitments increase costs for the companies involved which makes the investment less attractive.

However, NTPOs bringing progress on governance, or strengthening institutions, or giving more clarity on environmental regulations could signal a more stable and safe business environment, with production standards which create increased market access for exports – all of which may lead to increased incentives to invest.

A third possibility is that NTPOs do not have much effect either way because, although trade agreement increasingly include provisions on economic and social rights, or civil and political rights, or environmental protection – these are typically ‘best endeavour’ clauses which are frequently not binding or subject to dispute settlement, making them less likely to be implemented.

Why the private sector should protect civic society Explainer Video NCapeling 10 December 2021

A short animation explaining the crucial role that the private sector can play in protecting and defending civic space.

This video explainer introduces a synthesis paper which analyses how the private sector can support the protection of civic society space.

The private sector is in a unique position to work with civil society organizations to uphold and defend civic freedoms and support sustainable and profitable business environments. Companies have the capacity, resources and expertise to enhance the protection of civic space.

By doing so, this helps create a society in which fundamental rights and the rule of law are respected and exercised by governments, private citizens, and all organizations which, in turn, is critical to a sustainable and profitable business environment.  

For more information, download the report.

Transatlantic Tech Talks: Cooperation or sovereignty? Audio bhorton.drupal 15 December 2021

A new mini-series from Undercurrents explores international cooperation on regulating the tech sector.

Transatlantic Tech Talks is a three part mini-series on the Undercurrents podcast feed, produced with the support of Microsoft, which explores the state of international cooperation on digital governance between the United States, the UK and Europe.

As technological innovation accelerates, and new digital tools and business models arise, governments are working to develop a framework of regulations to safeguard the rights and interests of their citizens. Not all stakeholders agree, however, on the best way to achieve this. While some advocate a ‘digital cooperation’ approach based on transparency and data-sharing, others are more concerned with maintaining ‘digital sovereignty’.

In the first episode of this series, Ben is joined by Casper Klynge, Harriet Moynihan and Marianne Schneider-Petsinger, who set out the broad context for these debates. They assess where the major government, private sector and civil society actors stand on the question of digital governance, and how they are approaching the international negotiations.

Elizabeth Wilmshurst CMG appointed Honorary Queen’s Counsel News release jon.wallace 14 January 2022

Founder of the International Law Programme at Chatham House recognized for her major contribution to the law of England and Wales.

Elizabeth Wilmshurst CMG, distinguished fellow of Chatham House’s International Law Programme, has been awarded the title of Honorary Queen’s Counsel (QC Honoris Causa), recognizing her major contribution to the law of England and Wales, outside practice in the courts. The Lord Chancellor will preside over an appointment ceremony at Westminster Hall on 21 March 2022.

Elizabeth founded the International Law Programme at Chatham House and is an academic expert member of Doughty Street Chambers. She was a legal adviser in the United Kingdom diplomatic service between 1974 and 2003. Between 1994 and 1997 she was the Legal Adviser to the United Kingdom mission to the United Nations in New York. She also took part in the negotiations for the establishment of the International Criminal Court.

Throughout her career, Elizabeth has worked to strengthen the role of international law in reducing global tensions, addressing cross-border challenges and promoting individual liberty, including through influential publications at the Institute such as The Chatham House Principles of International Law on the Use of Force in Self-Defence. 

Robin Niblett CMG, Director and Chief Executive of Chatham House said:

‘We are delighted by this award which recognizes Elizabeth’s outstanding contribution to the field of international law, both in government and – on a continuing basis – through the International Law Programme at Chatham House.’

Ukraine: Debunking Russia’s legal justifications Expert comment NCapeling 24 February 2022

Russia is violating international law in Ukraine using baseless allegations, and states’ responses should be guided accordingly.

Russia has begun a large-scale military attack on Ukraine, having first declared it recognizes Donetsk and Luhansk as separate states. It scarcely needs saying Russia is violating international law – violating the prohibition in the United Nations (UN) Charter on the use of force, violating the obligation to respect the sovereignty and territorial integrity of other states, and violating the prohibition on intervention.

But Russia is using the language of the law to defend its actions. In all the recent verbiage of President Vladimir Putin, some attempts at legal arguments can be elicited – but they do not stand up to scrutiny.

Article 2(4) of the UN Charter prohibits the threat or use of force with the only two Charter exceptions to this prohibition being self-defence and action mandated by the UN Security Council. In his speech on 23 February, Putin points to two grounds on which Russia relies on self-defence – defence in aid of the two breakaway republics and self-defence in the light of threats against Russia itself.

Donetsk, Luhansk, and collective self-defence

Putin said ‘the people’s republics of Donbass turned to Russia with a request for help’ and went on to seek to justify his military action under Article 51 of the Charter. But it is only in respect of states that the right of collective self-defence exists – humanitarian intervention on behalf of individuals in a state has not gained a place in international law. And it is only Russia which has recognized the statehood of the two regions.

Putin repeated on 23 February his earlier allegation that the people of the two breakaway republics are being repressed by the Ukraine government, and even that genocide is being committed against them. This baseless allegation is relevant not only to the claim of self-defence on behalf of these regions but also to Russia’s ‘recognition’ of them as separate states.

International law does not give the inhabitants of a part of a state the right to secede from that state. The aspect of self-determination which allows for independence of a ‘people’ applies to peoples in colonies and other overseas territories under the occupation of another state. The other aspect of self-determination is ‘internal’ and comprises the right to freely choose political status and pursue economic, social, and cultural development within the state – as the Minsk accords sought to provide for Donetsk and Luhansk.

There is a somewhat controversial theory in international law that would give a right of secession from a state if the people in question were subject to extreme abuse of human rights and systematic oppression. This is the theory of remedial secession, which some countries, such as Switzerland, used in the International Court of Justice (ICJ) in relation to Kosovo’s declaration of independence from Serbia – an independence still not recognized by Russia.

But the theory has no support from the international courts and, even if it did, Russia itself has stated previously that a right of remedial secession is ‘limited to truly extreme circumstances, such as an outright armed attack by the parent State, threatening the very existence of the people in question’ (see Russia’s submissions to the ICJ in the Kosovo case, para 88).

The facts do not substantiate Russia’s claims anyway. The law is as stated on behalf of the UN Secretary-General on 21 February – that Russia’s decision to recognize the independence of the breakaway regions is a ‘violation of the territorial integrity and sovereignty of Ukraine and inconsistent with the principles of the Charter of the United Nations.’ There are no ‘states’ which can request the use of military force.

Is Ukraine a threat against Russia?

Putin refers to the ‘further expansion of the infrastructure of the North Atlantic Alliance, the military development of the territories of Ukraine’ as creating an ‘anti-Russia’ comprising a ‘real threat not just to our interests, but to the very existence of our state, its sovereignty’.

Article 51 allows for self-defence ‘if an armed attack occurs’. This has been interpreted by many states to include defence against the threat of an imminent attack – for example, there is no requirement to wait until a nuclear strike has begun. But under no interpretation of ‘imminence’ can the situation in Ukraine constitute a threat to Russia. There have been no threats of force against Russia from Ukraine nor from NATO member states. There is nothing to support a legal justification for Russia’s military attack against Ukraine.

The myth of Ukraine never having had ‘real statehood’ also does not give any legal justification for Russian aggression. The UN is based on the ‘principle of the sovereign equality of all its Members’ (Art. 2(1) of the UN Charter). Ukraine retained its membership in the UN at the dissolution of the USSR, having been one of the founding members of the UN as the Ukrainian Soviet Socialist Republic.

What are the legal consequences of Russia’s actions?

Within the UN, it is the Security Council which has the mandate to uphold international peace and security, and act when there is a threat to the peace. But there will be no help from there with Russia’s status as a permanent member holding a veto.

The UN General Assembly may act instead. Since 2014 it has adopted a series of resolutions (the latest on 9 December 2021) requiring Russia to withdraw immediately and unconditionally from Crimea. But the General Assembly does not have the powers of the Security Council, and cannot mandate peacekeepers or the use of force.

In due course there may be the need for a UN Human Rights Commission of Inquiry to be launched if there are breaches of human rights law and international humanitarian law, and human rights cases may be brought against Russia at the European Court of Human Rights. But international institutions do not have the necessary powers to stop what is going on right now.

International law gives the right to Ukraine, being attacked, to call for support from other states. And as well as imposing sanctions, states may wish to consider cyber countermeasures. Some of the recent cyber activity against Ukraine has been attributed by the US, UK, and Australia to the Russian Main Intelligence Unit (GRU).

Challenges of AI Explainer jon.wallace 22 March 2022

What are the practical, legal and ethical implications of artificial intelligence (AI) and how can regulation help meet these challenges?

This article explains the challenges associated with the funding, development, supply and regulation of artificial intelligence (AI). It deals with narrow AI, that is systems and applications that are task-specific.

The article is not concerned with the concept of artificial general intelligence, or AGI, that is an AI which could meet and exceed the full capabilities of the human mind in the future.

Definition of AI

There is no universally accepted definition of AI, but in the UK’s Industrial Strategy White Paper, AI is defined as ‘technologies with the ability to perform tasks that would otherwise require human intelligence’. 

AI makes decisions using algorithms that either follow rules or, in the case of machine learning, review large quantities of data to identify and follow patterns. Because machine learning consists of multiple layers, and machines develop their own learning and patterns, it is opaque compared to traditional rule-following computing.

Today AI applications are common in many economic activities including online shopping and advertising, web search, digital personal assistants, language translation, smart homes and infrastructure, health, transport and manufacturing. 

Risks and benefits of AI

AI has the potential to bring huge advantages, for example in medical science, education, food and aid distribution, more efficient public transport and in tackling climate change. 

Used well, it could help humanity meet the UN’s 2030 Sustainable Development Goals and make many processes swifter, fairer and more efficient. It is a technology which is likely to be as transformative to human history as was the Industrial Revolution.

However, there are serious ethical, safety and societal risks associated with the rapid growth of AI technologies. 

Will AI be a tool that makes rich people richer? Will it exaggerate bias and discrimination? Will AI decision-making create a less compassionate society? Should there be limits to what decisions an AI system can take autonomously, from overtaking a car on the motorway to firing a weapon?

And if AI goes wrong – for example if a self-driving car has an accident – who should be liable? 

To ensure AI is used safely and fairly, up-to-date and rigorous regulation is needed. 

Regulation of AI

AI creates serious regulatory challenges due to the way it is funded, researched and developed.  

The private sector drives progress in AI, and governments mostly rely on big tech companies to build their AI software, furnish their AI talent, and achieve AI breakthroughs. In many respects this is a reflection of the world we live in, as big tech firms have the resources and expertise required.

However, without government oversight the future application of AI’s extraordinary potential will be effectively outsourced to commercial interests. That outcome provides little incentive to use AI to address the world’s greatest challenges, from poverty and hunger to climate change.

Government policy on AI

Currently governments are playing catch-up as AI applications are developed and rolled out. Despite the transnational nature of this technology, there is no unified policy approach to AI regulation, or to the use of data. 

It is vital that governments provide ‘guardrails’ for private sector development through effective regulation. But this is not yet in place, either in the US (where the largest amount of development is taking place) or in most other parts of the world. This regulation ‘vacuum’ has significant ethical and safety implications for AI. 

Some governments fear that imposing stringent regulations will discourage investment and innovation in their countries and lose them a competitive advantage. This attitude risks a ‘race to the bottom’, where countries compete to minimize regulation in order to lure big tech investment. 

The EU and UK governments are beginning to discuss regulation but plans are still at an early stage. Probably the most promising approach to government policy on AI is the EU’s proposed risk-based approach. It would ban the most problematic uses of AI, such as AI that distorts human behaviour or manipulates citizens through subliminal techniques. 

And it would require risk management and human oversight of AI that poses high risk to safety or human rights, such as AI used in critical infrastructure, credit checks, recruitment, criminal justice, and asylum applications.

Meanwhile, the UK is keen to see the establishment of an AI assurance industry that would provide kitemarks (or the equivalent) for AI that meets safety and ethical standards.

Despite these policy developments, there remain fundamental questions about how to categorize and apply risk assessments, what an AI rights-based approach could look like, and the lack of inclusivity and diversity in AI.

AI ethical issues

AI has serious ethical implications. Because AI develops its own learning, those implications may not be evident until it is deployed. The story of AI is littered with ethical failings: with privacy breaches, with bias, and with AI decision-making that could not be challenged.

It’s therefore important to identify and mitigate ethical risks while AI is being designed and developed, and on an ongoing basis once it is in use. 

But many AI designers work in a competitive, profit-driven context where speed and efficiency are prized and delay (of the kind implied by regulation and ethical review) is viewed as costly and therefore undesirable. 

Designers may also not have the training, tools or capacity to identify and mitigate ethical issues. The majority are from an engineering or computing background, and do not reflect the diversity in society.

Shareholders and senior management will also naturally be hostile to criticism which could affect profits.

Once an AI application has been designed, it is often sold to companies to fulfil a task (for example, sifting employment applicants) without the buyer being able to understand how it works or what risks may come with it.

Ethical frameworks for AI

Some international bodies have made efforts to create an ethical framework for AI development, including UNESCO’s Recommendation on the Ethics of Artificial Intelligence, and the IEEE’s Global Initiative on Ethics of Autonomous and Intelligent Systems. And some companies have developed their own ethical initiatives.

But each of these proposals naturally overlaps, is slightly different and is voluntary. They set out principles for creating ethical AI, but provide no accountability in the event that an AI goes wrong.

Ethical roles in the AI industry are a potentially important new profession, but the field is underfunded and under resourced. There is widespread agreement that ethics is important, but a lack of consensus on how it should be enforced.

Government use of AI

It’s equally important that the way governments use AI is understood, consensual and ethical, complying with human rights obligations. Opaque practices by governments may feed the perception of AI as a tool of oppression. 

China has some of the clearest regulation of AI private industry in the world, but the way the government has deployed AI tools in the surveillance of its citizens has serious civil liberties implications.

China’s exports of AI to other countries are increasing the prevalence of government surveillance internationally.

Privacy and AI

Probably the greatest challenge facing the AI industry is the need to reconcile AI’s need for large amounts of structured or standardized data with the human right to privacy. 

AI’s ‘hunger’ for large data sets is in direct tension with current privacy legislation and culture. Current law, in the UK and Europe limits both the potential for sharing data sets and the scope of automated decision-making. These restrictions are limiting the capacity of AI. 

During the COVID-19 pandemic, there were concerns that it would not be possible to use AI to determine priority allocation of vaccines. (These concerns were allayed on the basis that GPs provided oversight on the decision-making process.)

More broadly, some AI designers said they were unable to contribute to the COVID-19 response due to regulations that barred them from accessing large health data sets. It is at least feasible that such data could have allowed AI to offer more informed decisions about the use of control measures like lockdowns and the most effective global distribution of vaccines.

Better data access and sharing are compatible with privacy, but require changes to our regulation. The EU and UK are considering what adjustments to their data protection laws are needed to facilitate AI while protecting privacy.

How are war crimes prosecuted? Explainer Video NCapeling 26 April 2022

Explaining what war crimes are and how, in the circumstances of Ukraine, could war crimes be prosecuted.

The Geneva Conventions and Protocol 1 describe what they call ‘grave breaches’ of international humanitarian law, and both Ukraine and Russia are parties to these treaties.

Grave breaches include directly attacking civilians and launching an indiscriminate attack affecting the civilian population or civilian property.

Many states and the International Criminal Court (ICC) also have the possibility to prosecute a wider set of war crimes although, in the past, states have not prosecuted many such crimes committed outside their own territory.

Neither Russia nor Ukraine is a party to the ICC Statute, but Ukraine did declared it accepted the Court’s jurisdiction for crimes on its territory, and and investigations have now started.

But there are several problems to be overcome to achieve successful prosecutions, such as the collection and preservation of evidence, proof of the intent of the suspects in the heat of war, how to be arrest suspects, and the issue of immunity.

Chatham House welcomes 2022 interns News release jon.wallace 11 May 2022

Internships provide learning opportunities about shaping policy, influencing debate and creating real change.

Chatham House is excited to welcome the second cohort to the Molchanov Sustainability Internship Programme.

Introduced in January 2021, the programme has been made possible following the gift of Pavel Molchanov, to support the next generation of leaders in sustainability.

The internships grant invaluable, practical learning opportunities about shaping policy, influencing debate and creating real change towards a sustainable future.

Alis Martin, Internships and Outreach Manager at Chatham House, said:

‘We are delighted to welcome the second cohort to the Molchanov Sustainability Internship Programme. This cohort brings a diversity of new and invaluable perspectives and ideas to the work of our programmes.

‘Over the course of 12 weeks, interns will be working alongside internationally respected experts in Chatham House programmes, exploring issues of sustainability through the lenses of climate change, the circular economy, conflict prevention, emerging technology, global health, governance, human rights, security policy, sustainable cities and sustainable finance.

‘Fostering sustainable and equitable growth and engaging the next generation of policy leaders is central to Chatham House’s vision. We are committed to providing the best experience and opportunities to our interns who share an interest in pursuing a career in the field of sustainability.

‘It is crucial that we incorporate the views and knowledge of those who will be affected most in the future and I very much look forward to seeing the innovative and impactful ideas that will undoubtedly result from their work.’

Mr Molchanov said:

‘Recent headlines around the world underscore the importance of taking the broadest possible perspective on sustainability. Energy supply concerns, rising food prices, and continued pandemic pressure are all interconnected with climate issues. I look forward to hearing about the work in which this year’s internship participants engage.’

Jerome Puri, intern, Middle East and North Africa Programme, said:

‘I applied for this internship to gain a holistic insight into the coordination of a policy institute and to understand how Chatham House promotes international cooperation and accountable governance around the world.  Chatham House offers an unparalleled opportunity to contribute to projects on frontier issues facing the MENA region and develop a diverse range of skills ranging from project management and communications to policy-oriented research skills.’

Obioma Egemonye, intern, Africa Programme, said:

‘I was particularly interested in joining the Africa Programme at Chatham House after learning an immeasurable amount from their work on the Social Norms and Accountable Governance (SNAG) research for my undergraduate dissertation. I am most looking forward to attending the variety of events held by Chatham House and the Africa programme specifically.’

Valdone Sniukaite, intern, Europe Programme, said:

‘I am excited to be joining the Europe Programme team and getting exposure to the inner workings of a policy and research think tank. I’m mostly looking forward to building my organizational skill set by working on the Belvedere Forum and using the opportunity of being around experts in the field of international affairs to broaden my knowledge.’

Lucile de Laforcade, intern, Queen Elizabeth II Academy for Leadership in International Affairs, said:

‘As part of the Academy, I am able to work at the crossroads of research, leadership, international affairs and personal development. This makes the Academy a place of constant challenge to find innovative, sustainable solutions, and emulate new ideas. As an aspiring academic, this is particularly empowering! I am hoping to gain new skills, further develop independent thinking, and cultivate my own research interests in the vibrant environment of a leading policy institute.’

Katie McCann, intern, Communications and Publishing, said:

‘I’m really interested in youth engagement in international politics so I’m very excited to be working on the Common Futures Conversations platform which brings young people across Europe and Africa into the debate on the pressing global issues of our time. I hope my time at Chatham House will expose me to people of different backgrounds and beliefs which will encourage me to engage even more critically with international affairs.’

Rachael Mullally, intern, International Law Programme, said:

‘What I admire most about the International Law Programme here is its position as a dependable yet experimental source on global governance debates. I am especially excited to get working on the Human Rights Pathways Project, focusing on tangible ideas as to how the human rights framework can evolve to meet power shifts between states and non-state actors.’

Elia Duran-Smith, intern, International Security Programme, said:

‘I was particularly drawn to this internship because of the thematic focuses of the programme around nuclear security and emerging technologies in the sector, which are fundamental to understanding the future of the global security environment. I am looking forward to learning more about these topics while developing and expanding my research and writing skills, as well as gaining an understanding of project management and how Chatham House engages with stakeholders on policy.’

Rory Selvey, intern, Sustainability Accelerator, said:

‘For me, speeding up the transition towards a fairer, low-carbon society is one of most important global challenges. I’m really excited to be an intern at the Sustainability Accelerator, collaborating with different teams and exploring innovation solutions to this challenge. Chatham House will help me develop vital knowledge and skills, acting as a fantastic springboard for a potential career in sustainable finance, macroeconomics, or international development.’

Bruna Miguel, intern, Environment and Society Programme, said:

‘Being an intern in the Environment and Society Programme will give me the opportunity to further investigate how these issues relate and how we can achieve true sustainability. I look forward to learning from the experts in the area that I will meet (and hopefully find a dissertation topic!).’

Ritvij Singh, intern, Global Health Programme, said:

‘My view of healthcare delivery is from the frontlines as a medical doctor. I applied to this internship to widen my perspective and get an insight into the institutions that will help facilitate universal health. I will use this experience to pursue a career in global health.’

For more information about the internships, please contact Alis Martin.

Sanctions must not prevent humanitarian work in Ukraine Expert comment NCapeling 30 May 2022

Restrictions on supply of certain items and financial sanctions can impede vital relief unless adequate safeguards are put in place such as exceptions or general licences.

Sanctions play a major role in the response to Russia’s invasion of Ukraine. The United Nations (UN) has not imposed sanctions, but an important number of states have done so. They have imposed a wide array of restrictions and the number of targeted – or ‘designated’ – persons is unprecedented.

The public has been captivated by the freezing of oligarchs’ assets. There is ongoing discussion about seizing them to provide compensation for war damage. Debate continues about how far to ban oil and gas imports.

One aspect of the sanctions has received far less attention, even though it can exacerbate the effect of the conflict on civilians. Some of the trade restrictions and financial sanctions pose immediate and concrete challenges to the capacity of humanitarian organizations to work in Ukraine and in neighbouring states.

Trade sanctions imposed by the European Union (EU) and UK prohibit the export or supply of certain goods and technology in the transport, telecommunications, energy, and oil or mineral exploration sectors to non-government-controlled areas of the Donetsk or Luhansk oblasts, or for use there.

Restricted items include technical equipment which is necessary for humanitarian operations, such as water pumps and refrigerating equipment, but also far more mundane items such as vehicles for transport of persons and goods, and office equipment that are necessary for humanitarian organizations trying to work in the region.

Designations can reduce options for support

Financial sanctions also raise problems. Some are immediately apparent. Significantly for humanitarian operations, the two de facto republics of Donetsk and Luhansk are designated by the EU, the UK, and the US. Consequently, it is prohibited to make funds or assets available to them directly or indirectly.

This prohibition covers the payment of any taxes, licences, and other fees to these authorities, as well as the provision of assets to ministries under their control in the course of humanitarian operations, such as ministries of health and education.

Designations of other entities may also be relevant, such as Russian ‘state enterprises’ which operate in these areas and are the sole providers of commodities necessary for humanitarian response, such as heating fuel.

These are the designations which most obviously impact humanitarian response. However, more than 1,000 persons and entities have been designated and humanitarian organizations must avoid purchasing goods and services from them.

Risk-averse commercial partners

Commercial actors – such as banks, insurers, freight companies and commodity providers – whose services are required by humanitarian organizations must also comply with the sanctions. Experience shows that the due diligence measures adopted by humanitarian organizations do not always allay concerns of risk-averse sectors such as banks.

Fears of violating the sanctions, coupled with the fact humanitarian organizations are rarely profitable clients, have led them to severely restrict the services they provide.

This is not the first occasion the problem has arisen. What is different in relation to Ukraine is the number of designated persons and the ‘sanctions packages’ adopted in quick succession. As compliance officers struggle to keep abreast, their institutions become even more risk-averse.

For UK banks, the situation is exacerbated by the adoption of the Economic Crime (Transparency and Enforcement) Act 2022. This amends existing rules by removing the requirement for the UK Treasury to prove knowledge or reasonable cause to suspect that a transaction violated sanctions, imposing strict liability for sanctions violations.

Time for the UK to follow others

The EU, the US, Switzerland, and other states which have imposed sanctions have sought to mitigate their adverse effects by including safeguards for humanitarian action. Although the UK has largely replicated the measures adopted by the EU in terms of restrictions and designations, it lags behind in including such safeguards.

The UK trade restrictions and financial sanctions do not include exceptions for humanitarian action. While several general licences have been issued, none relate to humanitarian operations.

Instead, the UK measures foresee only the possibility of applying for specific licences – from the Treasury in the case of financial sanctions and the Department of International Trade for trade restrictions. But obtaining specific licences is a time-consuming process which is simply not appropriate for emergency response.

If the UK is to show it is serious about responding to the immense needs caused by the invasion it must introduce appropriate safeguards in its sanctions – either in the form of exceptions or general licences.

What matters is they cover all key humanitarian organizations responding to the Ukraine crisis that are subject to UK sanctions – either because they are UK persons or because their funding agreements with the UK government require them to comply with UK measures.

These include UN agencies, funds and programmes, components of the International Red Cross and Red Crescent Movement, and non-governmental organizations (NGOs) responding to the crisis in Ukraine and neighbouring states. The provision must also clearly extend to commercial entities which provide necessary services for humanitarian operations.

Given the UK recently adopted an exception along similar lines in relation to the Afghanistan sanctions, there is a valuable precedent for Ukraine.

What is happening in Sri Lanka? Explainer Video aboudiaf.drupal 15 July 2022

Chanu Peiris reflects on the unfolding political and economic crisis in Sri Lanka and its impact on human rights.

What is happening in Sri Lanka?

Sri Lanka has been a leader in South Asia on many human development indicators including health and education. Until recently, it was considered an upper middle-income country. Its GDP, when adjusted for purchasing power, was on par with South Africa’s.  

But the country is now experiencing economic collapse. The crisis has its roots in economic mismanagement by multiple governments. This was made worse by global market disruptions and by internal security emergencies including the 2019 Easter bombings.  

What rights are being impacted?   

The current situation is impacting the full range of human rights for people in Sri Lanka. According to the World Food Programme, over a third of people are now facing moderate to severe hunger.

Shortages of other essentials including cooking gas, fuel and lifesaving medicines are disrupting the normal functioning of society and causing loss of life, enormous hardship, mental distress and social unrest.

There are serious concerns about the long-term impacts to the more vulnerable members of Sri Lanka society – including children, whose development due to lack of proper nutrition and disruptions to schools will be affected.  

The global human rights community has called attention to rights violations by the government, which has been seen to be slow to take the necessary steps to rectify the economic situation. It has also used lethal force and social media blackouts in response to protests. 

What are the broader human rights implications? 

The country is seeing the most widespread and diverse mass demonstrations in its history. So far they have led to the resignation of Prime Minister Mahinda Rajapaksa and the cabinet. They have also resulted in President Gotabaya Rajapaksa leaving the country. 

The scale of the protests signals an important shift in the social contract. The crisis has united people who were previously divided and there are demands for the abolition of the executive presidency.   

It is also significant that people are calling for more than the economic issues to be addressed. They are focusing on the need for systemic changes, including accountability and transparency within a government which has long resisted both.

In other words, what we are seeing is a clear assertion from the streets of the indivisibility of human rights – that access to food, water, and electricity rely on the safeguarding of civil and political rights and proper accountability.

They are making a powerful argument in favour of human rights-sensitive governance – something that has been in short supply around the world. 

Geopolitical corporate responsibility can drive change Expert comment NCapeling 26 July 2022

Russia’s long invasion of Ukraine is testing the commitment of business, but this could see the emergence of a new pillar of support for the rules-based international order.

The massive exit of more than 1,000 international companies from Russia has surpassed – by a factor of nearly ten in merely four months – the number which pulled out of apartheid-led South Africa over an entire decade.

These company exits extend beyond those industries targeted for sanctions – oil and gas, banks and financial services, aerospace, and certain technology sectors – to include hundreds in consumer products ranging from Levi’s and H&M clothing to Coca-Cola and McDonalds. Many of these companies may wish to return to a post-conflict – or post-Putin – Russia, while a few have already sold their Russian operations, as McDonald’s has to an existing Siberian licensee.

Both reputational and operational factors are driving the huge exodus: reputational as companies have chosen to disassociate themselves from Putin’s regime; operational as transportation routes and supply chains have been interrupted.

Few of these companies have made explicit the principles at stake, while many still face ‘tricky legal, operational and ethical considerations’ and some have kept operations in place. But the collective impact of the exit in response to Russia’s affront to international law has sent shockwaves around the world.

Current issues and future implications

Minds now turn to whether this exodus sets a blueprint for the future, and how companies having to make complex and sensitive risk assessments and global business planning decisions can address both current issues as well as similar future challenges.

The new Declaration from the Business for Ukraine Coalition – an international civil society initiative of organizations and individuals – encourages companies to reinforce ‘responsible exit’ from Russia ‘in response to its unprovoked, full-scale war on Ukraine’.

The declaration’s objective is to ‘block access to the economic and financial resources enabling Russian aggression’ and it urgently calls on companies that have terminated or suspended their business operations and relationships to ‘stand by those commitments until the territorial sovereignty of Ukraine within internationally recognized borders is restored.’

It also states companies yet to terminate or suspend operations in Russia should do so unless they can demonstrate through due diligence that their provision of ‘essential’ services or products – such as medicines – meet critical humanitarian needs.

The 2022 Edelman Trust Barometer Special Report: The Geopolitical Business suggests Ukraine represents an inflection point posing ‘a new test’ for business. According to an online survey of 14,000 respondents in 14 countries, including employees, NGOs, and other stakeholders, there is a ‘rising call’ for business to be more engaged in geopolitics, with CEOs ‘expected to shape policy’ on societal and geopolitical issues.

Such expectations have been intensifying with the impetus of the combined stakeholder capitalism and corporate purpose agenda, even as a political backlash in the US against the environmental, social, and governance (ESG) movement linking institutional investors and multinational corporations gains momentum.

The emergence of corporate activism is a further development – partly driven by employees and accelerated during the pandemic – on issues of economic inequality, racial injustice, and gender equality, as well as the climate crisis.

When considering what broader purpose should drive this corporate geopolitical engagement, the Business for Ukraine Declaration offers an answer, calling Russia’s aggression ‘an attack on the rules-based international order which must be protected to ‘safeguard the international community and the global economy.’

This points to broader interests and values at stake in the Russian war on Ukraine because supporting the rules-based international order can become the basis of a new geopolitical corporate responsibility. Business, especially multinational corporations and institutional investors, fundamentally depend on and have enormously benefitted from this order.

Economic development needs a stable rules-based international order

Trade and investment, entrepreneurship, and innovation – the sinews of economic development – depend on predictable, rational behaviour by states at home and abroad. Individual companies and entire industries share a stake in upholding this order at a time when its stability and even legitimacy is undergoing a severe challenge.

The rules-based international order has evolved since the adoption of the UN Charter in 1945, the Universal Declaration of Human Rights in 1948, and the establishment of the standards, norms and institutions that reflect and reinforce these lodestars. It defines the international community, the rule of law, accountable governance, civic freedoms, and human rights within nations. It also supports national self-determination, sovereignty, and the disavowal of the use of force to alter borders among nations, and it provides accountability for genocide, crimes against humanity, and war crimes.

Business has a fundamental stake in the international order as the framework for stability, prosperity, open societies, and markets.

A new geopolitical corporate responsibility does not need to become a doctrine but can instead be an agenda to support the international rules-based order under stress. Such an agenda may help multinationals deal with expectations they already face, such as:

Avoiding situations where they cause, contribute, or are directly linked to human rights abuses. This objective is enshrined in the UN Guiding Principles on Business and Human Rights and companies can be further informed by the new UN Guide to Heightened Human Rights Due Diligence for Business in Conflict-Affected Contexts.

Committing to the ‘shared space’ of the rule of law, accountable governance, civic freedoms, and human rights. These are both the enablers of civil society and the underpinning of sustainable and profitable business and investment environments. The Chatham House synthesis paper The role of the private sector in protecting civic space sets forth the rationale for companies to defend these vital elements.

Supporting peace, justice, and strong institutions both within nations and across the international community as set forth by UN Sustainable Development Goal 16. The SDG 16 Business Framework: Inspiring Transformational Governance shows how companies, as well as national governments and international institutions, can contribute to these building blocks of stability and prosperity.

Demonstrating corporate responsibility at the national and geopolitical levels to enhance equity, transparency, and accountability. Multinationals are already challenged to accept minimum corporate taxation within and across jurisdictions, curb excessive executive compensation, endorse mandatory disclosure of environmental and human rights due diligence, and strengthen corporate governance of ESG risks and responsibilities, including with respect to human rights.

Diminishing inequality by tackling poverty and ensuring sustainability by arresting the climate crisis. Alongside governments and international institutions, the business community already faces increasing pressure to improve its efforts in these areas.

What are the priorities for the new UK prime minister? Expert comment GBhardwaj 2 September 2022

Experts from across Chatham House examine the range of domestic and foreign policy issues facing Rishi Sunak as he prepares to lead the UK government.

Experts from across Chatham House’s research programmes give their insights on a range of issues facing Rishi Sunak as he becomes UK prime minister, covering energy prices, the climate change agenda, war in Ukraine, China and the Indo-Pacific, Africa, the US, global health, international law and security, science and technology, trade, and the global economic crisis.

Rising energy prices

Antony Froggatt, Senior Research Fellow and Deputy Director, Environment and Society Programme, Chatham House

The social and economic impact of high energy prices this winter may be greater than that of COVID-19. However, in contrast to the pandemic, there has been ample warning of the expected scale of this crisis.

The European Union (EU) gets much more of its energy from Russia than the UK does, but all are part of a largely informal European price zone which is why UK consumers are now facing, what would have been to many, unimaginable bills despite no longer importing energy from Russia.   

The cost of energy will continue to be a major concern for households and businesses and, given the cost of interventions, will significantly affect government finance.

The current policy of capping the unit price for six months increases affordability but will only offer some relief for this winter. The new government urgently needs to look at what happens to bills in the spring and next winter which, from a gas supply perspective, may be even worse than this one.

The EU has reacted with much greater purpose, proposing new legislative packages to diversify supply, accelerate the deployment of renewable energy, make adjustments to markets, and put in place energy saving measures. While these are unlikely to be enough they will make a difference and can become a benchmark for UK policy.

The role that government plays in assisting public and private sectors to save energy will be important. This is where past administrations have wasted the last eight months, where public information campaigns and small technology changes, such as refurbishing and resetting boilers and larger energy consuming products or insulating homes, would have made a difference.

Action needs to be taken across all levels, including co-ordination with the devolved administrations and local government.

Support for new supply needs to be immediately given to new low-carbon technologies which can deliver both cheaply and rapidly, primarily onshore wind and solar, which also help to decarbonize the sector.

The UK will need to maintain, and more likely increase, its relationship with the EU on energy as it continues to trade gas and electricity which is likely to require the resolution of tricky issues such as the Northern Ireland Protocol.

However, the discussions at the European Political Community in early October on greater co-operation on North Sea grids, creating an important opportunity for the accelerated deployment of offshore wind, needs to be taken forward.

Other supply options and market restructuring will be needed and they all must balance affordability, security of supply, and environmental considerations.

The agenda on climate change

Professor Tim Benton, Director, Environment and Society Programme, Chatham House

The record temperatures this summer show how the changing climate is impacting the daily lives of UK citizens. Climate change remains the most important challenge of this century and one that the prime minister will rapidly need to get a grip of ahead of COP27.

Hosting COP26 in 2021, along with Italy, was seen as an important post-Brexit opportunity for the UK in the climate space and ensured the development of many new multilateral sectorial initiatives, such as on climate finance, the Global Methane Pledge and on electric vehicles, while further supporting other emerging initiatives, such as on loss and damage. It will be important for the new prime minister, and the UK’s credibility, to continue to deliver on these.

Concrete things that are needed are a fast roll-out of renewable energy rather than fast-tracking more fossil fuel production, driving ahead the net-zero agenda particularly around land use and food and considering how to restructure markets to better deliver the long-term goals.

Grasping the need to address the demand-side of consumption growth, and not just supply, is key. The UK has prided itself on being a global leader on the climate over the last 15 years but let’s hope that is now not in peril.

Russia and the war in Ukraine

James Nixey, Director, Russia and Eurasia Programme, Chatham House

Supporting Ukraine and confronting Russia are indisputable foreign policy priorities so it is highly likely the new prime minister will look to continue on this path and go with both popular and expert consensus in assisting Ukraine generously and standing up to Russia.

The other question, though, is to what extent the UK’s position can continue to make a difference to the outcome of the war.

Bringing the waverers of western Europe more firmly on board is surely beyond any UK prime minister’s ability considering the UK’s post-Brexit behaviour where the UK still has its own questions to answer including over the failure to tackle the problems of Russian influence at home.

That said, Brexit may not always be relevant to shared hard security challenges. Other countries do see the difference training, money and weapons are making and, if these continue to bring success, it is possible even the waverers can be guilted into providing more aid and economic support.

However, supporting Ukraine is one thing. Truly understanding Russia and devising a coherent Russia strategy is another. What needs to be learned is that Russia, in its present incarnation, cannot be reasoned with whatever the state of the war.

Therefore, given the threat Russia poses to the UK and other democracies, Britain now needs to consider how it can assist with engendering change in Russia. This should not be confused with engineering ‘regime change’ as the Kremlin accuses the UK of doing already.

But it does suggest a more proactive, less defensive Russia policy is required, rather than waiting for the Russian people to instigate change from within. That will take a degree of leadership and political will rarely seen in UK politics.

China and the Indo-Pacific tilt

Ben Bland, Director, Asia-Pacific Programme, Chatham House

Both candidates in the last Conservative leadership contest argued during their campaigns that China was the biggest long-term threat to the UK’s national security. They both promised to call out China’s violations of human rights and international law and extend curbs on China’s access to sensitive technology.

However, to successfully respond to the scale of the challenge, the next prime minister will need to do much more than say what they do not want from Beijing. There needs to be a convincing, positive vision for how the UK can navigate a world where the centre of global economic and geopolitical gravity is moving eastwards.

The Indo-Pacific ‘tilt’ which Liz Truss oversaw as UK foreign secretary was a good start. But tilting isn’t a strategy. So what comes next?

At a time when its in-tray is full of problems closer to home, the UK government needs to sustain enhanced levels of engagement in the Indo-Pacific, particularly in Southeast Asia, while investing at home in the UK’s Asia literacy.

That should include more support for research and education about China as well as the rest of this dynamic region. Labelling China a threat does not make it go away. The UK needs to learn how to live in a world where Chinese power and influence will continue to grow from Asia to Latin America and across the UN and other multilateral organizations.

Investing in the UK’s knowledge of, and relationships in, Asia will also support British businesses as they look for new opportunities in fast-growing but challenging emerging markets such as India, Indonesia, and Vietnam.

The UK’s Middle East policy

Dr Lina Khatib, Director, Middle East and North Africa Programme, Chatham House

The UK government must restore a distinct cabinet position for the Middle East and North Africa and reorient to give Iran’s regional role greater focus.

The Middle East portfolio remains hefty and complex and requires diplomatic engagement to match. No sooner had the UK merged the ministerial Middle East portfolio into the broader one of minister of state for Asia and the Middle East than the war on Ukraine began, directing Western attention to Gulf Arab countries as one potential energy source to offset the loss of Russian oil and gas. Yet Gulf Arab countries are hesitating to fully heed Western calls to increase energy production. 

One key cause is Gulf Arab perceptions that the UK and other Western countries have overlooked their concerns of the threats that Iran poses to their security and political clout.

Despite the UK’s characterization of Iraq as ‘post-conflict’, and of the situation in Syria as a ‘crisis’, recent clashes in Baghdad’s Green Zone and American and Israeli bombing of Iran-linked targets in Syria, as well as recurring attacks by Iran-backed groups on targets in Gulf Cooperation Council (GCC) countries, underline Iran’s role in ongoing instability in the Middle East, which threatens the interests of the UK and its allies in the region.

Although the UK’s Foreign, Commonwealth and Development Office resources have been recently redistributed to further support response to the Russian invasion of Ukraine, the UK can, and must, use existing resources earmarked for the Middle East to engage more effectively.

The two are not wholly distinct: Russia is using Iranian drones to attack Ukraine and Iranian military personnel are active on the ground in Ukraine in aid of the Russian military. Iran and Russia’s ongoing military intervention in Syria paved the way for their cooperation in the invasion of Ukraine.

The UK must restore diplomatic cabinet distribution to give the Middle East the attention it requires, but also revising its approach, putting Iran’s regional and international interventions high on the agenda and in parallel to efforts on the Iran nuclear deal.

The UK sees GCC countries as a potential alternative source of energy to Russian oil and gas specifically and as important trade partners more broadly. UK foreign policy must not compartmentalize its approach to the Middle East.

Diplomatic engagement on Iran’s regional role is a key factor in strengthening trust between the UK and its Middle Eastern allies, including in the GCC, which in turn supports the UK’s economic and security priorities. This means UK policy must approach Iran not just more comprehensively, and coherently, but also as a component of the broader strategy of dealing with the geopolitical and economic threats presented by Russia. 

Africa and the UK

Alex Vines, Director, Africa Programme, Chatham House

Senior UK politicians often claim that Africa is a priority but UK prime ministers and foreign secretaries rarely visit the continent. Boris Johnson attending the Commonwealth Heads of Government Summit in Kigali in August was his first as prime minister where he was accompanied by Liz Truss who was then his foreign secretary.

Despite saying she was an Africa enthusiast as secretary of state for international trade and president of the Board of Trade, Truss had never visited the continent. Her focus was consistently on other parts of the world except for defending the UK’s contested partnership with Rwanda to repatriate to Kigali informal migrants to the UK.

Viewing global politics through the lens of great power rivalry has cast African states as second tier players, disrespecting their agency and prided sovereignty and ignoring the preference of many states to remain non-aligned on issues pertaining to great power competition.

This is a mistake as 25 per cent of the UNGA is comprised of African member states and, of them, 21 are Commonwealth members with Gabon and Togo recently joining. The Russian invasion of Ukraine and intensifying competition with China is a reminder that in this era of sharper geopolitics, Africa increasingly matters for UK’s foreign policy objectives.

The new prime minister will need to review the 2021 Integrated Review, which downplayed much of Africa for UK strategy and advocated a pivot focus to East Africa. The war in Ukraine, coupled with democratic reversals in East Africa and worsening stability in West Africa requires a UK priority rethink. With limited resources to support an expanded UK footprint, sharper focus and defined ambition is important.

Continuity is important too. Since 1989, there have been 21 ministers for Africa, an average tenure of just over 18 months. This is not the time to change the UK’s minister responsible for Africa but it is the moment to make once again that post focused just on sub-Saharan Africa rather than also covering the Caribbean and Latin America too.

The UK-US relationship

Dr Leslie Vinjamuri, Director, US and Americas Programme, Chatham House

As the US approaches its midterm elections, the new prime minister should think carefully about the UK’s response to potential disruption or challenges to the legitimacy of electoral results.

The US faces a period of unpredictable politics with the possibility of significant disruption, upheaval, and the potential for violence. The UK should be careful to differentiate between being independent with respect to partisan politics, which is essential, from being neutral with respect to democracy and especially the integrity of elections.

It would be a mistake for the UK prime minister or the next foreign secretary to be neutral on the question of free and fair elections and the importance of democracy in the US. Boris Johnson’s administration, especially his foreign secretary, was poorly equipped to respond to questions about the outcome of the 2020 presidential elections and prevaricated more than once. 

On foreign policy, a shared interest in supporting Ukraine and strengthening NATO is the current anchor for this partnership, but its historical foundation is both deeper and wider.

The new UK prime minister should demonstrate to the US, and to the world, that Britain is serious about its existing international commitments, especially in the Euro-Atlantic and through NATO, but also with respect to Northern Ireland and Europe.

The UK should deepen its participation in the new European Political Community and seize any opportunity to strengthen mechanisms for security cooperation with Europe. It should aim to restore Britain’s reputation as a nation committed to international, regional and domestic multilateral and legal frameworks.

These measures strengthen Britain’s attractiveness to the US and so lend it greater influence in this essential partnership. Any move to undermine the Northern Ireland protocol should be carefully measured against its wider impacts, not only with Europe, but also with the US.

Continuing Boris Johnson’s policy of restraint, rather than demanding a US-UK trade deal, is wise given the persistence of anti-trade sentiment in the US Congress and the looming US midterm elections.

The prime minister should also do what they can to lend support and work effectively and pragmatically with this US administration. What comes next could be disruptive so now is the time to leverage US power and lock the US into durable commitments that enhance international stability and prosperity.

US president Joe Biden is determined and pragmatic. He will choose the partners that best enable him to deliver his foreign policy priorities. The UK will be both more attractive, and less supplicant, to the US if it has a strong relationship with Europe.

Global health priorities

Robert Yates, Director, Global Health Programme and Executive Director, Centre for Universal Health, Chatham House and Emma Ross, Senior Research Fellow, Global Health Programme. 

Global health has been one of the areas where the UK has historically been seen as punching above its weight due to the magnitude of its financing for global health programmes and its reputation as a leader in global health initiatives.

However, the UK’s standing has taken a significant hit since the start of the pandemic with it demonstrating a lack of solidarity in combatting COVID-19 when it hoarded vaccines and failed to lead the G7 in raising adequate funding for the COVAX facility and blocked attempts to share vaccine technologies with developing countries.

Slashing the international aid budget and deprioritizing global health within its aid strategy has further tarnished the UK’s reputation as a global health leader.

Rebuilding the UK’s hard-earned status as a leading force in global health by at least restoring the level of official development assistance (ODA) for health, if not enhancing it, should be one of the new prime minister’s top priorities.

This should include support for major initiatives such as the Financial Intermediary Fund for Pandemic Prevention, Preparedness and Response (FIF), the Hub for Pandemic and Epidemic Intelligence in Berlin and the vaccine technology transfer hub in Africa.

There is a risk that the ongoing pandemic treaty negotiations will result in a weak instrument of little value. The UK prime minister should prioritize the successful outcome of the negotiations by championing provisions that ensure the treaty makes a meaningful difference in enhancing global health security.

There is a need for workable mechanisms to ensure countries cooperate next time in preventing, preparing for and responding to a pandemic and supporting countries that need extra resources while, another related priority, should be to engage in efforts to reform the International Health Regulations in a way that strengthens global health security.

Championing international law

Rashmin Sagoo, Director, International Law Programme, Chatham House

Compliance with international law is in the best interests of the UK, and the new UK government needs to recognize this.  

The UK wants Russia to comply with the UN Charter and stop its aggressive war against Ukraine. It wants China to recognize the rights of its Uighur citizens, for women to be protected from violence in armed conflict, for compliance with nuclear non-proliferation treaties and  negotiate lucrative international trade agreements. 

These are all excellent aims and they should continue to be pursued. But exhortations to the rest of the world to support the international rules-based order ring hollow if they come from a government which itself does not itself adhere to those rules. 

How the UK conducts itself domestically is a mirror of how it conducts itself internationally. What elected UK officials say and do here matters elsewhere. How we treat the rule of law in this country impacts how others treat it – and us.  

The new prime minister has an opportunity to lead by example by ending the slow but dangerous habitualization of the British public becoming numb to government ‘intentions’ to break international law whether or not such threats are ultimately carried out.

There should also be a full public and parliamentary scrutiny of constitutionally significant proposals, such as the Northern Ireland Protocol bill and reform of the Human Rights Act, rather than fast-track them past a public distracted by the cost-of-living crisis. 

International law is founded upon principles of mutual trust, cooperation, good faith and reciprocity. To be a credible global leader, the UK must put the rule of law, including international law, at the heart of both its foreign and domestic policy. They cannot be disaggregated.   

Strengthening international security

Dr Patricia Lewis, Director, International Security Programme, Chatham House

Security and defence will be high on the agenda for the new UK prime minister. Russia’s war in Ukraine and the potential for sudden, wider escalation remains a serious concern.

Threats of nuclear weapons use, possible false flag ‘dirty bomb’ threats, the continuing attacks on the Zaporizhzhia nuclear power plant threats and veiled references to chemical or biological attacks has demonstrated the willingness of Russia to take enormous risks in regard to threatening Europe as a whole in order to achieve its aims.

If Ukraine’s counter-offensive continues to make gains, then NATO countries will likely be threatened again in this manner. These are not just threats to Ukraine but to NATO states. And, most likely, given the significant role it has played in supporting Ukraine militarily, aimed primarily at the UK.

In the longer term, the UK prime minister needs to review the 2021 Integrated Review of Security, Defence, Development and Foreign Policy. The review came following the decision to increase defence spending and the UK secretary of defence Ben Wallace – continuing in place –has been clear that he has no need to increase his budget further although that may change as the impact of inflation becomes clearer across the board.

The Integrated Review is all about serious investment in the science and technology needed for security and defence in the future. Without such investment the UK will not be able to contribute to international security even in the limited way it can now and certainly not in an ambitious way in decades hence.

There are many long-term security threats that the UK will need to grapple with in addition to Russia’s aggression in Europe, not least of which are China’s rising military capabilities and global ambitions.

In the Arctic and Antarctic, China along with several other major economies, has serious ambitions for exploiting natural resources in terms of minerals, energy, particularly as climate change drives fish stock to the polar seas.

The newly-established AUKUS arrangement which plans to produce a nuclear-powered submarine capability for Australia also provides a mechanism for joint investment by Australia, the UK and the US in science and technologies such as in artificial intelligence (AI) and quantum technology. There are discussions about extending this arrangement to other countries such as Japan and could also include the space sector.    

Meanwhile, at home, in the short-term, there will be increasing calls to end Russia’s war in Ukraine. The prime minister will need to be ahead of that game so that Ukraine is supported and European security is enhanced rather than further stressed.

This will require a new approach to international security – a need that was further highlighted at the end of August in New York with yet another collapse of agreement in the Treaty on the Non-Proliferation of Nuclear Weapons as a result of Russia’s veto.

The UK has long played an important diplomatic role in finding creative solutions for international security and the new prime minister would be well advised to lever that reputation.

Supporting science and technology

Marjorie Buchser, Executive Director, Digital Society Initiative, Chatham House, David Lawrence, Research Fellow, UK in the World Initiative Chatham House and Alex Krasodomski, Head of Innovation Partnerships, Chatham House

In science and technology, the UK currently finds itself in a balancing act between the US and the EU: ideologically attached to the light-touch approach of the US while dependent on the EU as an export market and for supply chains.

While Brexit in theory gives Britain more regulatory freedom, UK companies have often ended up abiding by EU regulations they are unable to shape. The new prime minister should explore forms of regulatory cooperation with the EU that prioritize market access while offering incentives to attract scientists and boost technical innovation.

Beyond transatlantic and European partnerships, it is essential for the UK to foster coalitions with a broader group of like-minded democracies which will be crucial to addressing global technology concerns and countering China’s digital model expansion.

Entrenching the UK as a science and technology ‘superpower’ will require a collaborative approach and involve identifying critical areas where the UK can drive international efforts. For example, the UK should build on its recent successes in the sensitive issues of data flows and digital technical standards as well as encourage investment in open-source security and infrastructure.

Finally, it is essential to unblock the skills and talent pipeline. It is difficult and expensive for high-skilled workers to move to the UK and a key source of labour supply has been lost since leaving the EU. The UK should consider introducing a Commonwealth visa scheme and radically reduce the cost for science and technology companies to offer those visas.

Strengthening infrastructure and housing, particularly in areas that need levelling up, will allow talent to move to areas with the most productive opportunities. 

Trade, climate and green supply chains

Bernice Lee, Research Director, Futures; Hoffmann Distinguished Fellow for Sustainability; Chair, Sustainability Accelerator Advisory Board 

The new prime minister will soon find the answers to the UK’s supply security challenges and soaring energy and food prices as well as future growth lie not at home but are global problems.

At a time of crisis, solutions can only come from countries working together. The UK is a perfectly sized state with plenty of heft but it is not so large as to be able to afford to ignore the needs of others.

It should lead the convening of a growing ‘coalition of the willing’ on trade, climate and green supply chains which could include Australia and Canada as well as developing nations with large extractive sectors in Africa and Asia that are pro-trade, pro-climate, pro-development and pro-growth.

Even though working together on trade and green supply chains can reduce unwanted dependencies, support climate action and help businesses unlock the $26 trillion in market opportunities, many governments have yet to take bold steps due to a fear of disguised protectionism.

Meanwhile, the European Union (EU) carbon border adjustment mechanism (CBAM) is fuelling bitter divides on competitiveness and development concerns.

Trade retaliation is likely and most probably will happen in parallel with legal processes at the WTO. These dynamics mean trade will be underused as an instrument but will create challenging dynamics for COP27. 

Although the Agreement on Climate Change, Trade, and Sustainability (ACCTS) was launched in 2019, the UK could fill a leadership gap since no major economies have positioned themselves as leaders at the intersection of trade, climate, and green supply chains.

British International Investment, the UK’s development institution, should support the establishment and scaling of low-carbon, resource-efficient, sustainable and deforestation-free supply chains which could help fuel the next generation of growth in the UK and beyond.

Improve regulation, give priority to trade relations with the EU, and maintain transparency

Creon Butler, Research Director, Trade, Investment and New Governance Models, and Director, Global Economy and Finance Programme

The UK’s new prime minister comes into office with the country facing the most serious set of economic challenges since 2008-09.

But, in contrast to the global financial crisis, the causes of today’s crisis are more multifaceted and to a degree more UK-specific: the Brexit trade shock; increased public spending pressures linked to the backlog in the NHS and potentially serious long-term effects of ‘long COVID’ and disrupted schooling; the unprecedented shock to energy prices following Russia’s invasion of Ukraine linked in part to the UK’s lack of gas storage capacity; and the shock to market confidence in the UK’s economic management resulting from the 44-day Liz Truss administration.

While the new prime minister should not delay addressing the UK’s long-term challenges, there are three critical questions which will help determine the success or failure of the government’s approach.

First, should the priority be less regulation or, in the context of the tech revolution and the need to accelerate the transformation of the economy to net zero, smarter regulation?

Cyberspace governance at the United Nations 18 January 2023 — 3:00PM TO 4:00PM Anonymous (not verified) 30 November 2022 Online

How can member states achieve lasting, adaptable, and meaningful success in cyberspace governance at the United Nations?

Now in its second iteration, the Open-ended Working Group on Information and Communications Technologies (OEWG) has been a space for United Nations member states to discuss the use, regulation and governance of cyberspace since 2019.

The progress of this forum in shaping cyberspace and its governance is evidenced by two consensus reports including a framework for responsible state behaviour in cyberspace and, more recently, plans for a Programme of Action. 
 
However, the true impact of these UN processes in limiting the threats of ICTs to international peace and security is contingent upon operationalizing the consensus at the international level and reflecting it in national policies and practices.

Pervasive challenges continue to hamper operationalization efforts, including differences in national capacities and capabilities, and divergences in national perspectives regarding the application of international law to cyberspace.

So, how can member states overcome these challenges and set this vital forum up for lasting, adaptable and meaningful success? What role does ‘multi-stakeholderism’ play in realizing responsible state behaviour in cyberspace?

With a dual focus on cyber capacity building and international law, this event considers how these two elements interact and intersect, how discussions on them could progress in the UN space and outside it and how the two contribute to a safer and more secure cyberspace for all. 
 
This event is organized jointly by the International Security and International Law Programmes at Chatham House to launch Phase 2 of the project ‘Cyberspace4All: Towards an inclusive approach to cyber governance’ which is funded by the Ministry of Foreign Affairs of the Netherlands.

Humanitarian exceptions: A turning point in UN sanctions Expert comment LJefferson 20 December 2022

The UN Security Council has adopted a cross-cutting exception for humanitarian action in UN sanctions. What does it cover? What must happen next?

The UN Security Council has removed an obstacle to humanitarian work. On 9 December 2022, it adopted a resolution establishing a cross-cutting exception to existing – and future – UN financial sanctions for funds or assets necessary for humanitarian assistance and activities to meet basic human needs. In a coup for multilateralism, the council has been able to act, even when the Russian invasion of Ukraine has caused paralysis in other areas.

Resolution 2664 – introduced by Ireland and the US, co-sponsored by 53 states, and adopted by 14 votes in favour, with India abstaining – is the culmination of a decade of engagement between humanitarian organizations and states to find ways of avoiding the adverse impact of sanctions on the most vulnerable: people relying on humanitarian action for survival.

A reminder of the problem

Whilst sanctions are not intended to have adverse humanitarian consequences for civilian populations, aid agencies have argued for years that they do just this. UN financial sanctions prohibit making funds or other assets available directly or indirectly to designated persons or entities. Without adequate safeguards, incidental payments made during humanitarian operations, or relief consignments that are diverted and end up in the hands of such persons or entities can violate this prohibition.

Exceptions in Afghanistan and Haiti sanctions pave the way

Humanitarian actors have been decrying and documenting the impact of sanctions on their operations for years. Ensuring that sanctions did not hinder the COVID-19 response was a turning point in states’ willingness to address the issue.

Movement at Security Council level was gradual, starting off with demands in the renewals of certain country-specific sanctions that measures taken by member states to give effect to them comply with international law. The return to power of the Taliban called for a more radical approach.

In December 2021, the Council adopted a broad exception to the Afghanistan financial sanctions, covering the provision, payment and processing of funds and assets necessary for humanitarian action and for activities to meet basic human needs. A similar exception was adopted – almost unnoticed – in October 2022 in the newly-established Haiti sanctions.

These developments, coupled with the determination of elected Council member Ireland to find solutions, paved the way for the adoption of SCR 2664.

The scope of the humanitarian exception

SCR 2664 introduces a clear and broad exception that addresses the key challenges financial sanctions pose to humanitarian action. The exception expressly refers to the different ways in which funds or assets are allowed to reach designated persons or entities: by the provision of goods or payment of funds by humanitarian actors themselves; by the processing of funds by financial institutions; and by the provision of goods and services by other commercial actors whose services are necessary for humanitarian action such as insurers and freight companies.

The exception is broad in terms of the excluded activities: the provision of funds and assets necessary for humanitarian assistance and activities to meet basic human needs. The UN Somalia sanctions – the first, and for a decade the only, regime to include an express exception – exclude funds necessary for ‘humanitarian assistance’.

SCR 2615 on Afghanistan added the expression ‘activities to meet basic human needs’.  These go beyond humanitarian assistance, and have been interpreted as including activities necessary to sustain essential social services such as health and education, preserve essential community systems, and promote livelihoods and social cohesion.  These are essentially development programmes.  ‘Activities that support basic needs’ should be understood in a similar manner in SCR 2664.

SCR 2664 is not, however, a ‘blanket’ exception.  It only applies to financial sanctions.  These are not the only type of restriction in UN sanctions that can hinder humanitarian action. For example, organizations that send commodities into the Democratic People’s Republic of Korea must still go through the notoriously slow procedure of authorization by the sanctions committee.  Similarly, authorizations are still required for import of demining materials that fall within the scope of arms embargoes.

Opportunities for further engagement and additional safeguards

Recognizing that additional challenges remain, SCR 2664 requests the UN Secretary-General to draft a report on unintended adverse humanitarian consequences of all types of restrictions in UN sanctions. He is asked to include recommendations for minimizing and such unintended consequences, including by the adoption of additional cross-cutting exceptions.

Humanitarian organizations have played a pivotal role in advancing the agenda. SCR 2664 is the result of their relentless engagement with the Security Council. It is not the end of the road. Other restrictions raise problems, and the Council has left the door open to finding ways of addressing them.

Humanitarian actors should seize this opportunity to provide information, identifying the problematic types of restrictions and their consequences on their operations as specifically as possible.

What happens next?

It is UN member states that implement UN sanctions. For SCR 2664 to be truly effective, it is imperative that states give effect to it in domestic law and practice. In doing so, they must not narrow the scope of the exception.

Recent experience in Afghanistan has shown that even in situations when significant safeguards exist, key actors may be unaware of them or unclear as to their precise scope. Financial institutions in particular are fast to de-risk when sanctions are imposed, and remain wary of conducting transactions that they perceive as high-risk even though exceptions permit this.

OFAC – the Office of Foreign Assets Control in the US Treasury – has issued extensive guidance on the Afghanistan sanctions in the form of frequently asked questions.  These have played an extremely important role in ensuring full advantage is taken of the exceptions.

States should follow this example, and adopt guidance to raise awareness of the exception in SCR 2664 and to clarify its scope.

A valuable precedent for autonomous sanctions

SCR 2664 only applies to sanctions adopted by the UN Security Council. It does not extend to autonomous sanctions adopted by states or relevant international organizations such as the EU.

Seven ways Russia’s war on Ukraine has changed the world Feature jon.wallace 17 February 2023

Chatham House experts examine the shifts in geopolitical alliances, security, energy, and supply chains and whether these changes are likely to be long-lasting.

President Vladimir Putin’s decision to launch a full-scale re-invasion of Ukraine one year ago was a global shock which ‘marked an abrupt end to 30 years of globalization and all the international co-operation that made that possible’ with serious implications for countries around the world, outlined Chatham House director Bronwen Maddox in her inaugural lecture.

Not only has the war threatened the stability of Europe but it has also impacted food and energy security globally including in the Middle East and Africa, creating shock waves in a world barely recovering from the COVID-19 pandemic.

The UK must not sleepwalk into leaving the ECHR Expert comment NCapeling 17 March 2023

Talk of the UK leaving the European Convention on Human Rights (ECHR) keeps rearing its head with little thought for the real impact.

Withdrawal from the European Convention on Human Rights (ECHR) has not been firmly ruled out as a potential UK government policy option to allow easier implementation of its controversial new measures to deport asylum seekers to Rwanda. This, in the context of a UK general election looming and tackling the ‘small boats problem’ being one of the five priorities of UK prime minister Rishi Sunak.

In recent months, ECHR withdrawal has come up in relation to the UK’s controversial draft Illegal Migration Bill, the (now shelved) bill of rights, and – perhaps most significantly – the Northern Ireland Protocol deal with implications for the Good Friday Agreement. But leaving the ECHR – and likely the Council of Europe – would be counterproductive for the UK’s global leadership.

UK values and priorities will be undermined

The only other countries in the region outside of the Council of Europe, Russia and Belarus, both had sanctions imposed on them by the UK for their human rights record. Russia was expelled from the Council of Europe in 2022 due to its aggression in Ukraine and, although the UK would be deciding to remove itself from Europe’s oldest and largest intergovernmental human rights body, the optics would not be good.

This is especially true considering the UK’s vocal support for Ukraine in international forums, including its intervention in Ukraine’s case against Russia before the International Court of Justice and, potentially, in a separate case against Russia before the European Court of Human Rights itself.

More significantly and closer to home, the ECHR is a fundamental part of the Good Friday Agreement. It is difficult to argue UK withdrawal would not breach the agreement. As well as risking damage to intercommunal relations, such a breach is likely to significantly harm strategic relations with the US – and President Biden is set to visit Northern Ireland and the Republic of Ireland to mark the 25th anniversary of the Good Friday Agreement.

It would also damage relations with the UK’s closest neighbours, Ireland, and the European Union (EU), with whom the prime minister has only recently scored credits for securing the Northern Ireland Protocol deal. If the UK withdraws from the ECHR, the EU would be entitled to terminate important provisions concerning international law enforcement and judicial cooperation in criminal justice matters under Article 692 of the UK-EU Trade and Cooperation Agreement, further isolating the UK from allies who share its legal and other values.

Withdrawal would be in the name of sovereignty but with little thought to the practical implications on rights and few perceived gains from doing so. But the idea could easily gain traction by erroneously conflating the Strasbourg court and Council of Europe (of which the UK is a member) with the European Union (which the UK has left).

This means leaving the ECHR could easily be confused as a post-Brexit ‘tidy up’ exercise of taking back control from the EU when the reality is the UK would be withdrawing from a completely different regional body.

It would also be at odds with the UK’s Integrated Review Refresh which, reassuringly, contains references to the UK’s commitment to the rule of law, ‘respect for the fundamental principles of the UN Charter and international law’, and ‘universal human rights that underpins our democracy’. This would make the UK far less able to champion international law and influence states with long records of human rights violations, and run contrary to UK strategic priorities such as tackling aggression from Russia and China, its support for multilateralism, and its global legal leadership.

All this loss would come for little gain. Before going down this path, there must be a clearer understanding about exactly what concerns there are about the ECHR, and whether they stand up to scrutiny. Are they about UK sovereignty, specific issues about the European Court of Human Rights, or about the rights and obligations contained in the Convention?

The latter would raise a far bigger question on the UK’s commitment to other international treaties, such as the International Covenant on Civil and Political Rights and the UN Convention on Rights of the Child, as many ECHR obligations also exist elsewhere in both common law and international law.

The need for cool heads and a long-term view

The significant concerns surrounding proposals in the Illegal Migration bill have been well-documented, including in relation to obligations under the ECHR and UN Refugee Convention.

There are many reasons beyond simply human rights concerns which are preventing migrants being deported to Rwanda, including the fact there are insufficient countries with which the UK has agreements to allow for deportation.

The ICC response to Russia’s war gives hope for justice Expert comment NCapeling 19 March 2023

The ICC’s arrest warrants against Putin and Lvova-Belova show the commission of international crimes is not without consequences.

Warrants of arrest for Russian president Vladimir Putin and Maria Alekseyevna Lvova-Belova, commissioner for children’s rights in the president’s office, have been issued because the Pre-Trial Chamber II of the International Criminal Court (ICC) has reasonable grounds to believe they have committed war crimes.

Following an independent investigation and evidence-gathering by the ICC prosecutor Karim Khan in his first new case since taking office, the pair are accused of committing two different war crimes – the unlawful deportation of children from Ukraine to Russia, and the unlawful transfer of children from occupied areas of Ukraine to the Russian Federation.

The focus on those two war crimes is likely due to clear evidence that deportation and forcible transfer of thousands of Ukrainian children have occurred, as the Russian government was overt about its policy of taking Ukrainian children to Russia and placing them in camps or putting them up for adoption by Russian families.

Furthermore, in line with the Office of the Prosecutor’s policy on children, crimes against children are prioritized given their particularly vulnerable status.

Jurisdiction and enforcement

The ICC does not have jurisdiction over crimes committed fully in Russia by Russian nationals, as Russia is not a party to the Rome Statute which created the ICC.

However, it does have jurisdiction over war crimes, crimes against humanity, and genocide committed in Ukraine irrespective of who committed them, pursuant to two declarations lodged by Ukraine in 2014 accepting the Court’s jurisdiction over its territory from November 2013.

Although a prosecution has been initiated, it is ultimately for the judges of the ICC to decide on the accused’s fate. But the chances of Putin getting arrested or tried for these offences are slim.

The ICC lacks enforcement or police powers and depends on state cooperation to execute arrest warrants. Also, because it cannot try individuals in their absence, a trial or conviction cannot occur without Putin and Lvova-Belova being in custody.

But by issuing and unsealing these arrest warrants, the ICC is relying on the symbolic function of international criminal law – it is publicly naming and shaming Putin and Lvova-Belova for the commission of serious atrocities, and it is sending a message to other leaders and the international community that such actions are not without consequence.

The arrest warrants also give victims some form of vindication or recognition for their suffering and hope for justice in the future. And making the warrants public enables the ICC to reclaim itself as a key avenue for ensuring accountability for international crimes, following a wave of criticism and disenchantment about its work in Africa and delays in advancing its investigation on Afghanistan.

International courts gearing into action

This ICC case is the latest in a series of ongoing cases related to Russia’s war in Ukraine before different international courts and tribunals. Others include at least four cases before the European Court of Human Rights for events that occurred before Russia was excluded from the Council of Europe, such as the MH17 flight case and the annexation of Crimea.

Two cases have also been brought by Ukraine against Russia before the International Court of Justice – in 2017 and 2022 – with hearings scheduled for June. An unprecedented number of states parties have sought to intervene in one or more of these cases.

Each case must be considered on its own merits and the decisions cannot be prejudged. But they showcase an important feature of the global legal system and its judicial architecture that cannot be underestimated – the ability to quickly swing into action in response to violations of international law. In this case, the response was prompted by Russia’s aggression against Ukraine in breach of the United Nations Charter and fundamental principles of international law.

A starting point for a bigger case

The ICC prosecutor already has a broader investigation into other international crimes committed in Ukraine since 21 November 2013. So this is likely to be just the starting point of a much bigger case against Putin and other senior Russian officials for international crimes committed in the context of the war in Ukraine and within the ICC’s jurisdiction.

These potentially include other war crimes such as the indiscriminate or disproportionate targeting of civilians, crimes against humanity, and genocide.

Mammalian circadian clocks are driven by transcription/translation feedback loops composed of positive transcriptional activators (BMAL1 and CLOCK) and negative repressors (CRYPTOCHROMEs (CRYs) and PERIODs (PERs)). CRYs, in complex with PERs, bind to the BMAL1/CLOCK complex and repress E-box–driven transcription of clock-associated genes. There are two individual CRYs, with CRY1 exhibiting higher affinity to the BMAL1/CLOCK complex than CRY2. It is known that this differential binding is regulated by a dynamic serine-rich loop adjacent to the secondary pocket of both CRYs, but the underlying features controlling loop dynamics are not known. Here we report that allosteric regulation of the serine-rich loop is mediated by Arg-293 of CRY1, identified as a rare CRY1 SNP in the Ensembl and 1000 Genomes databases. The p.Arg293His CRY1 variant caused a shortened circadian period in a Cry1−/−Cry2−/− double knockout mouse embryonic fibroblast cell line. Moreover, the variant displayed reduced repressor activity on BMAL1/CLOCK driven transcription, which is explained by reduced affinity to BMAL1/CLOCK in the absence of PER2 compared with CRY1. Molecular dynamics simulations revealed that the p.Arg293His CRY1 variant altered a communication pathway between Arg-293 and the serine loop by reducing its dynamicity. Collectively, this study provides direct evidence that allosterism in CRY1 is critical for the regulation of circadian rhythm.

Zika virus (ZIKV) is a neurotropic flavivirus that causes several diseases including birth defects such as microcephaly. Intrinsic immunity is known to be a frontline defense against viruses through host anti-viral restriction factors. Limited knowledge is available on intrinsic immunity against ZIKV in brains. Amyloid precursor protein (APP) is predominantly expressed in brains and implicated in the pathogenesis of Alzheimer's diseases. We have found that ZIKV interacts with APP, and viral infection increases APP expression via enhancing protein stability. Moreover, we identified the viral peptide, HGSQHSGMIVNDTGHETDENRAKVEITPNSPRAEATLGGFGSLGL, which is capable of en-hancing APP expression. We observed that aging brain tissues with APP had protective effects on ZIKV infection by reducing the availability of the viruses. Also, knockdown of APP expression or blocking ZIKV-APP interactions enhanced ZIKV replication in human neural progenitor/stem cells. Finally, intracranial infection of ZIKV in APP-null neonatal mice resulted in higher mortality and viral yields. Taken together, these findings suggest that APP is a restriction factor that protects against ZIKV by serving as a decoy receptor, and plays a protective role in ZIKV-mediated brain injuries.

Reactive oxygen species (ROS) are an unavoidable host environmental cue for intracellular pathogens such as Mycobacterium tuberculosis and Mycobacterium bovis; however, the signaling pathway in mycobacteria for sensing and responding to environmental stress remains largely unclear. Here, we characterize a novel CmtR-Zur-ESX3-Zn2+ regulatory pathway in M. bovis that aids mycobacterial survival under oxidative stress. We demonstrate that CmtR functions as a novel redox sensor and that its expression can be significantly induced under H2O2 stress. CmtR can physically interact with the negative regulator Zur and de-represses the expression of the esx-3 operon, which leads to Zn2+ accumulation and promotion of reactive oxygen species detoxication in mycobacterial cells. Zn2+ can also act as an effector molecule of the CmtR regulator, using which the latter can de-repress its own expression for further inducing bacterial antioxidant adaptation. Consistently, CmtR can induce the expression of EsxH, a component of esx-3 operon involved in Zn2+ transportation that has been reported earlier, and inhibit phagosome maturation in macrophages. Lastly, CmtR significantly contributes to bacterial survival in macrophages and in the lungs of infected mice. Our findings reveal the existence of an antioxidant regulatory pathway in mycobacteria and provide novel information on stress-triggered gene regulation and its association with host–pathogen interaction.

CARM1 is a protein arginine methyltransferase (PRMT) that acts as a coactivator in a number of transcriptional programs. CARM1 orchestrates this coactivator activity in part by depositing the H3R17me2a histone mark in the vicinity of gene promoters that it regulates. However, the gross levels of H3R17me2a in CARM1 KO mice did not significantly decrease, indicating that other PRMT(s) may compensate for this loss. We thus performed a screen of type I PRMTs, which revealed that PRMT6 can also deposit the H3R17me2a mark in vitro. CARM1 knockout mice are perinatally lethal and display a reduced fetal size, whereas PRMT6 null mice are viable, which permits the generation of double knockouts. Embryos that are null for both CARM1 and PRMT6 are noticeably smaller than CARM1 null embryos, providing in vivo evidence of redundancy. Mouse embryonic fibroblasts (MEFs) from the double knockout embryos display an absence of the H3R17me2a mark during mitosis and increased signs of DNA damage. Moreover, using the combination of CARM1 and PRMT6 inhibitors suppresses the cell proliferation of WT MEFs, suggesting a synergistic effect between CARM1 and PRMT6 inhibitions. These studies provide direct evidence that PRMT6 also deposits the H3R17me2a mark and acts redundantly with CARM1.

Stop codon read-through (SCR) is a process of continuation of translation beyond a stop codon. This phenomenon, which occurs only in certain mRNAs under specific conditions, leads to a longer isoform with properties different from that of the canonical isoform. MTCH2, which encodes a mitochondrial protein that regulates mitochondrial metabolism, was selected as a potential read-through candidate based on evolutionary conservation observed in the proximal region of its 3' UTR. Here, we demonstrate translational read-through across two evolutionarily conserved, in-frame stop codons of MTCH2 using luminescence- and fluorescence-based assays, and by analyzing ribosome-profiling and mass spectrometry (MS) data. This phenomenon generates two isoforms, MTCH2x and MTCH2xx (single- and double-SCR products, respectively), in addition to the canonical isoform MTCH2, from the same mRNA. Our experiments revealed that a cis-acting 12-nucleotide sequence in the proximal 3' UTR of MTCH2 is the necessary signal for SCR. Functional characterization showed that MTCH2 and MTCH2x were localized to mitochondria with a long t1/2 (>36 h). However, MTCH2xx was found predominantly in the cytoplasm. This mislocalization and its unique C terminus led to increased degradation, as shown by greatly reduced t1/2 (<1 h). MTCH2 read-through–deficient cells, generated using CRISPR-Cas9, showed increased MTCH2 expression and, consistent with this, decreased mitochondrial membrane potential. Thus, double-SCR of MTCH2 regulates its own expression levels contributing toward the maintenance of normal mitochondrial membrane potential.

Hepatocyte nuclear factor-1β (HNF-1β) is a tissue-specific transcription factor that is required for normal kidney development and renal epithelial differentiation. Mutations of HNF-1β produce congenital kidney abnormalities and inherited renal tubulopathies. Here, we show that ablation of HNF-1β in mIMCD3 renal epithelial cells results in activation of β-catenin and increased expression of lymphoid enhancer–binding factor 1 (LEF1), a downstream effector in the canonical Wnt signaling pathway. Increased expression and nuclear localization of LEF1 are also observed in cystic kidneys from Hnf1b mutant mice. Expression of dominant-negative mutant HNF-1β in mIMCD3 cells produces hyperresponsiveness to exogenous Wnt ligands, which is inhibited by siRNA-mediated knockdown of Lef1. WT HNF-1β binds to two evolutionarily conserved sites located 94 and 30 kb from the mouse Lef1 promoter. Ablation of HNF-1β decreases H3K27 trimethylation repressive marks and increases β-catenin occupancy at a site 4 kb upstream to Lef1. Mechanistically, WT HNF-1β recruits the polycomb-repressive complex 2 that catalyzes H3K27 trimethylation. Deletion of the β-catenin–binding domain of LEF1 in HNF-1β–deficient cells abolishes the increase in Lef1 transcription and decreases the expression of downstream Wnt target genes. The canonical Wnt target gene, Axin2, is also a direct transcriptional target of HNF-1β through binding to negative regulatory elements in the gene promoter. These findings demonstrate that HNF-1β regulates canonical Wnt target genes through long-range effects on histone methylation at Wnt enhancers and reveal a new mode of active transcriptional repression by HNF-1β.

Evolving evidence suggests that nicotine may contribute to impaired asthma control by stimulating expression of nerve growth factor (NGF), a neurotrophin associated with airway remodeling and airway hyperresponsiveness. We explored the hypothesis that nicotine increases NGF by reducing lung fibroblast (LF) microRNA-98 (miR-98) and PPARγ levels, thus promoting airway remodeling. Levels of NGF, miR-98, PPARγ, fibronectin 1 (FN1), endothelin-1 (EDN1, herein referred to as ET-1), and collagen (COL1A1 and COL3A1) were measured in human LFs isolated from smoking donors, in mouse primary LFs exposed to nicotine (50 μg/ml), and in whole lung homogenates from mice chronically exposed to nicotine (100 μg/ml) in the drinking water. In selected studies, these pathways were manipulated in LFs with miR-98 inhibitor (anti-miR-98), miR-98 overexpression (miR-98 mimic), or the PPARγ agonist rosiglitazone. Compared with unexposed controls, nicotine increased NGF, FN1, ET-1, COL1A1, and COL3A1 expression in human and mouse LFs and mouse lung homogenates. In contrast, nicotine reduced miR-98 levels in LFs in vitro and in lung homogenates in vivo. Treatment with anti-miR-98 alone was sufficient to recapitulate increases in NGF, FN1, and ET-1, whereas treatment with a miR-98 mimic significantly suppressed luciferase expression in cells transfected with a luciferase reporter linked to the putative seed sequence in the NGF 3'UTR and also abrogated nicotine-induced increases in NGF, FN1, and ET-1 in LFs. Similarly, rosiglitazone increased miR-98 and reversed nicotine-induced increases in NGF, FN1, and ET-1. Taken together, these findings demonstrate that nicotine-induced increases in NGF and other markers of airway remodeling are negatively regulated by miR-98.

The molecular mechanisms of reduced frataxin (FXN) expression in Friedreich's ataxia (FRDA) are linked to epigenetic modification of the FXN locus caused by the disease-associated GAA expansion. Here, we identify that SUV4-20 histone methyltransferases, specifically SUV4-20 H1, play an important role in the regulation of FXN expression and represent a novel therapeutic target. Using a human FXN–GAA–Luciferase repeat expansion genomic DNA reporter model of FRDA, we screened the Structural Genomics Consortium epigenetic probe collection. We found that pharmacological inhibition of the SUV4-20 methyltransferases by the tool compound A-196 increased the expression of FXN by ∼1.5-fold in the reporter cell line. In several FRDA cell lines and patient-derived primary peripheral blood mononuclear cells, A-196 increased FXN expression by up to 2-fold, an effect not seen in WT cells. SUV4-20 inhibition was accompanied by a reduction in H4K20me2 and H4K20me3 and an increase in H4K20me1, but only modest (1.4–7.8%) perturbation in genome-wide expression was observed. Finally, based on the structural activity relationship and crystal structure of A-196, novel small molecule A-196 analogs were synthesized and shown to give a 20-fold increase in potency for increasing FXN expression. Overall, our results suggest that histone methylation is important in the regulation of FXN expression and highlight SUV4-20 H1 as a potential novel therapeutic target for FRDA.

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