Countermeasures are well recognized under Customary International Law and have been incorporated into the WTO Dispute Settlement Understanding as a mechanism to facilitate compliance, subject to an authorization by the WTO Dispute Settlement Body. However, such a countermeasure — increased...

The promotion of sustainable development in international investment law translates into two treaty strategies, which, despite having a common ‘teleological denominator,' are characterized by two different rationales. The first strategy is well-known and extensively discussed in the...

In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...

This Perspective probes the complexities of umbrella clauses in international investment agreements, spotlighting their inherent legal ambiguities and potential for misuse. It advocates for careful negotiation and refinement of these clauses or, alternatively, their elimination to ensure...