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...

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...

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...

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...

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 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...

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 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 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...

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 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...

This article examines whether and to what extent the Dispute Settlement System (DSS) of the World Trade Organization (WTO) could and should serve as a venue for international climate litigation. The article tackles these questions in three parts. First, it maps the nature and features of a...

Transparency in investment arbitration is a topic of great importance and relevance in the current global economic landscape. Investment arbitration refers to the process by which investors can bring claims against states for alleged breaches of international investment agreements, such as...

This article analyses dispute resolution in China’s Belt and Road Initiative (BRI) from the perspective of the debate on unity, diversity and fragmentation of international law. This article presents a critical perspective that although the BRI preaches unity through greater economic (and...

Disputes and conflict are inevitable and arise in every facet of business. While litigation is often unavoidable, Alternative Dispute Resolution (“ADR”) provides alternatives to protracted, costly, and public litigation and trials through courts and other public tribunals. Our purpose in...

Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth...

The Supreme Court of India in Afcons Infra. Ltd. v. Cherian Varkey had the opportunity to list down the categories of disputes that are suitable for the resolution through Alternative Dispute Resolution (ADR) processes. This article focuses on the decision of the Supreme Court of India in Afcons...

In March 2021, 82-year-old Cecile Wade, who suffered from dementia, was paralyzed by a stroke and admitted to the Evangelical Lutheran Good Samaritan Society Hospital in Florida. According to Cecile’s husband, Glennon, she could neither sign anything nor “comprehend what she would be signing...

Emerging mega-integration blocs such as the Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership are evolving outside of the World Trade Organization’s influence. Their most contested features are their investor-state dispute settlement (ISDS) systems. This article...

Today, many employers require their employees, as a condition of employment, to agree to arbitrate employment-related legal claims rather than pursue them in court. While arbitration can be mutually beneficial, allowing parties to avoid the cost, time, publicity, and unpredictability associated...

Economic globalization, the liberalization of markets, and the opening of once closed societies have all heralded the remarkable emergence of the current system of investment treaty arbitration. The current system, however, has attracted significant criticism and calls for reform. This thesis...

This Article attempts to understand the lack of Least Developed Countries (LDC)s and small developing Member States' participation as complainants in the World Trade Organization (WTO) Dispute Settlement Body (DSB) by undertaking the case study of the only LDC initiated dispute in the DSB:...

This chapter discusses the role and functioning of private international law in commercial arbitration. It deals with the principal problems of conflict of laws and conflict of jurisdictions that arise in arbitration, the sources of private international law of arbitration, the role of the seat,...

Reaching a common understanding of the interpretation and enforcement of tax treaties is a desirable policy goal. It results in higher certainty and helps to increase their effectiveness thus enhancing all the purported objectives of these international agreements. In this regard, dispute...

Since antiquity, arbitration is well known in the Italian peninsula. Despite the fact that current Italian rules on arbitration are largely in line with those of other jurisdictions, as well as with international legal standards, Italy is generally perceived as a non-friendly arbitration...

In life, there are times and quotes which are unforgettable. Historians can affirm the famous saying, ‘the Bourbon monarchy learnt nothing and forgot nothing from the 1789 French revolution’. This narrative depicts the troubles that befell the French King, Louis XVIII in 1830. Although he...