In the war against terrorism, a democratic state has the duty and the right to protect its citizens. In June 2002, the Israeli government has decided to erect a security fence in order to prevent terrorist infiltration from the Palestinian territories into Israel's territory. However, the chosen...

The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...

The paper discusses the Internet's potential equalizing effect on dispute resolution institutions. The emergence of online dispute resolution (ODR)mechanisms and virtual courts are the clearest manifestation of the Internet's influence on dispute resolution, but its influence extends beyond the...

Over the years, the substantive content of international investment agreements (IIAs) has shifted to reflect political change and to respond to lessons learnt in investor-state dispute settlement (ISDS). With a focus on eight IIAs, selected with a view to geographical representativeness, this...

After an unexpectedly slow start, the Trump Administration's deregulatory push finally gained momentum in late 2017. In the field of student lending, this slowdown affected the Department of Education (DOE), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice (DOJ)....

When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...

The last 30 years in the history of international investment law witnessed the emergence of investor-state dispute settlement (ISDS) as the definitive method for the resolution of investment disputes, and the expanding role of the investor in the same. Investment dispute settlement has become...

International investment law is undergoing a time of reflection, review and revision. Increasing dissatisfaction with the functioning of the current system that governs the protection of international investment and the wish to ensure that investment is channelled towards sustainable development...

Imagine a space in which the Rule of Law does not have the same prevalence it has in the real space. Imagine a space where fundamental rights are created and enforced by the technology, a space in which your rights are absolute, meaning that you enjoy no limits on them in exchange for not being...