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...

Actors in international law are presumed to be states. Yet in the international economic law arena, the corporation is one of the most prominent non-state actors. Indeed, in some instances, the corporation may even be more influential than the state in some arenas of international economic law....

This is a contribution to the AJIL Unbound Symposium on digital trade and international law. The essay unveils the fluidity of the topic of digital trade—both from a technological and a policy-legal perspective and addresses the questions of what “digital trade” is and more importantly how...

After a year of record international trade in 2022, it is uncertain whether the future of the global economy is fragmentation or a new institutional structure. The challenges are to re-establish a dispute resolution mechanism, as the WTO process currently allows decisions to be appealed into...

This chapter examines the often-cited distinction between private international law and public international law in the context of the UN Convention on Contracts for the International Sale of Goods (‘CISG’). The traditional view holds that private and public international law are separate...

The world, in addition to existing inequalities, also suffers from a digital-data divide. Some countries and classes of people have obtained outsized benefits from digitization whereas many others have either not received promised benefits or have even suffered due to job/revenue loss, reduction...