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...