This article examines two parallel issues of vital importance to the United States and to the rest of the world — free trade and cybersecurity. In the free trade context, we argue that the U.S. government has voiced lofty ideals in theory only to ignore and sometimes openly flout its...

Throughout history, disruptive technologies have transformed industry and signaled the destruction or creation of regulatory structures. When crafting regulations, governments often utilize Regulation 1.0 approaches, characterized by top-down design standards that dictate exactly how the...

Cross-border contracts for the sale of goods are part and parcel of international trade. When a US buyer or seller is involved in an international sale of goods the court must give consideration to the application of the 1980 United Nations Convention on Contracts for the International Sale of...

On September 7, 2012 the Second Circuit struck a blow for all of those consumers that have been fooled by data pass marketing programs, especially those that contain an arbitration clause hidden within its terms. In the case of Schnabel v. Trilegiant Corp. the court examined the enforceability...

How should the Internet be governed? What role should governments play? What about the private sector? Does it still make sense — as it did in 1998 when it was created — for a non-profit corporation based in California to be responsible for managing the Domain Name System (DNS), which...

Bilateral investment treaties (BITs) are an increasingly important component of international investment law. There are currently more than 2,000 BITs involving some 175 countries active around the world. These agreements cover a huge range of industry sectors and business activities. The United...

Back in 1970, when Ulrich Drobnig first published his seminal UNCITRAL Report, it would have been hard to imagine that a day would come when the topic of harmonisation of secured transactions would produce such a plethora of well-authored books and journal articles. Without a doubt, the Akseli...

The use of electronic commerce in international trade has grown exponentially in the last few years. However, to date few legal instruments have harmonized the law in relation to electronic communications. In response to this gap, UNCITRAL initiated the Convention on the Use of Electronic...

On 23 November 2005, the United Nations General Assembly adopted a new draft convention on the use of electronic communications in international contracting, known as the Draft Convention on the Use of Electronic Communications in International Contracts. The Draft Convention, in a similar...