The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in...

Economic sanctions are a very important topic in the present international relations but also very common headlines in the daily news. At the present time, they become an increasingly prevalent measure for disciplining states’ unacceptable behaviour by a ban on trade and disruption of...

The dispute settlement system of the World Trade Organization prides itself on its high degree of judicial independence and the impartiality of its adjudicators. Yet compared to other international tribunals, WTO members exert considerable political control over WTO adjudicators. Contestation...

Whereas the rational choice approach to international law has been widely accepted in legal scholarship and international relations theory, challenges to the rational choice paradigm in economic analysis of international law have hitherto not been systematically explored. Nevertheless,...

This article posits that the creation and development of international regulatory regimes has so far required a choice between rulemaking and adjudication. Regulators that wish to make policy broadly and prospectively have done so informally and through rules. More elaborate and powerful...

Theory about the relevance of soft law abounds; empirical research on the topic does not. This study begins to even out this imbalance by not only developing a number of conjectures based on institutional economics, but also by testing them empirically. Based on all 2,289 soft laws concluded by...

This essay reviews Eric Posner’s and Alan Sykes’ Economic Foundations of International Law. In the last ten years or so, economic analysis of international law has established itself as a mainstream discipline, providing insights into why international law is structured as it is, the...

The laws of territorial sovereignty are among the earliest to have been developed in modern international law, and are among the most important. While this would seem to indicate the potential attractiveness of normative economic analyses of the laws of territorial sovereignty, there is...

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

Political Economy (PE) has been used in the national realm to understand political outcomes, including laws and jurisprudence applied to all substantive matters. PE identifies the interests of relevant actors as well as the characteristics of the institutions through which they pursue their...