International cooperation sometimes requires flexible agreements that permit temporary non-compliance in certain circumstances. Whether these circumstances occur is often only privately known by the non-complying partner. This paper analyzes how an international court that can only provide...

In today’s digitally interconnected world, copyright infringement frequently crosses national borders, presenting complex legal challenges for effective enforcement of intellectual property rights in general, and copyright in particular. This paper examines the challenges associated with...

Positive obligations stemming from international human rights law require states to realize fundamental rights. This Perspective argues that those human rights obligations may serve as basis for the conceptualization of a duty to regulate in investment law. Furthermore, it reflects on the...

This Perspective outlines the avenues, and potential obstacles, that may be encountered when a foreign investor challenges a state's invocation of national security interests in an international arbitration setting. This Perspective additionally considers the implications that increasingly...

This Perspective argues that international arbitration can and should play a primary role in the resolution of climate-change disputes, rather than playing a secondary role in the shadow of climate litigation, considering both its comparative advantages over litigation and the evolving...

Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the...

This Perspective discusses the latest developments in UNCITRAL of the Advisory Centre on International Investment Dispute Resolution and argues that the Advisory Centre should be established with an initial set-up of headquarters and regional offices in order to effectively deliver its services...

In developing economies, foreign direct investment (FDI) plays a crucial role by providing resources that facilitate participation in international trade and support economic development. Focusing on Viet Nam as a case study, this research aims to quantify the distributional effects of the...

This paper summarizes the discussions within the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WG III) on the reform of investor-state dispute settlement (ISDS) regarding the two draft provisions on damages prepared by the UNCITRAL Secretariat as part of the...

This study delves into the trade dynamics of Southeast Asian countries in response to the trade dispute between the United States (US) and the People's Republic of China (PRC). Our analysis uncovers diverse patterns of trade diversion effects among eight Southeast Asian countries, revealing...

The World Trade Organization (WTO) serves as a key forum for negotiating global trade rules, yet it faces significant challenges, particularly in the agricultural negotiations. The collapse of the Doha Round has left critical agricultural issues unresolved. Additionally, the WTO's dispute...

The aim of this article is to analyze the utilization of alternative approaches for resolving tax disputes across various countries worldwide in order to evaluate the feasibility of introducing such approaches in Ukraine. It provides an overview of mediation, which is considered one of the most...

Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...

This paper studies the under-explored yet critical role of WTO's regular bodies, particularly focusing on the discussions of "trade concerns" within the Goods Council, its subsidiary bodies, as well as the General Council. These discussions are pivotal for the governance of international trade...

The concept of regulatory chill remains one of the most controversial topics in international investment law. To this day, scholars have produced an abundance of academic works with contradictory conclusions on whether the existence of ISDS mechanisms in International Investment Agreements has a...

Courts do not enforce contracts prohibiting a party from filing for bankruptcy, but what about contracts requiring that any bankruptcy filing and ensuing case be in arbitration rather than in court? This article is the first to envision unanimous arbitration agreements among all the parties to a...

International law has traditionally evolved to settle legal disputes between States and private parties by providing for economic retaliation and demand for repatriation in case of trade in goods. When it comes to disputes between States diplomatic efforts have attempted to prevent trade...

Personal data protection in investment arbitration is increasingly important as more and more countries enact mandatory personal data protection laws and the COVID-19 pandemic makes online hearings the new normal. Tribunals have to consider critical, yet unresolved, normative questions, such as...

Despite local instances of single arbitrators’ corruption not having proven completely absent from arbitration chronicles over the last decades, one may safely argue that until very recently, no scandal had ever been severe enough to shake the foundations of arbitration communities on a...

The Framework Convention of Tobacco Control (hereinafter “FCTC”) is the first treaty aiming to combat the tobacco epidemic under the auspices of the World Health Organization (WHO). This multilateral convention seeks to pursue the highest public health protection standards and good global...

The ability to ensure compliance with investor-state arbitral awards is often regarded as one of the strengths of the international investment regime. Yet there have been few systematic studies of compliance to assess the extent to which states have actually complied with adverse investor-state...