This paper considers the law applicable by WTO panels and the Appellate Body in dispute settlement proceedings. It begins by explaining how law is applied to facts, and how this is relevant to the exercise of jurisdiction by WTO panels and the Appellate Body. It then looks at several discrete...

Customary international law affirms the obligation of the host state to protect foreign investors by according the minimum standard of treatment of foreign investors. These become well-established principles of fair and equitable treatment and full protection and security in foreign investment...

In the post-World War II world economic order, international economic relations have conventionally been regarded as an area reserved for state-to-state relations and to some extent global administrative actors (international and regional organisations). However, with the advent and spread of...

The Halal Act is the first law in Indonesia, a Muslim majority nation requiring Halal certification and labeling. Prior to the law, the Indonesian Council of Ulama (MUI) oversaw voluntary Halal certification. While Islamic organizations in Indonesia have praised the emergence of this law, local...

This paper asks how countries can implement their commitments to limit the increase in the global average temperature under the recent Paris Agreement on Climate Change for agriculture. An initial examination of the relevant trade rules and case law indicates that they appear unable to legally...

This paper revisits John Dunning's economic taxonomy of investors and considers replacing it with a new typology based on the application of the conception of investor interest in the areas of legal protection of foreign direct investment (FDI) and investment arbitration. Dunning's typology of...

Between 2013 and 2015, Canada signed nine (9) bilateral investment treaties (BITs) with countries in Africa, making Canada one of the most active participants in BIT negotiations on the continent. This paper demonstrates that Canada was remarkably successful in imposing its model investment...

This paper provides a first ever detailed study of the environment related provisions in the BITs of South Asian states. This study is necessitated by the fact that South Asia is increasingly becoming a favourite destination for FDI. It studies a total of 173 BITs of India, Pakistan, Bangladesh,...

This paper analyzes renewable energy-related international economic disputes – both at the World Trade Organization (WTO) and investor-State dispute settlement (ISDS) before an arbitral tribunal as provided under investment treaties – to establish how their adjudication is redefining the...