Modern energy and natural resource development has always been, at heart, a global enterprise. Energy companies and developers, by necessity, frequently work in far-flung locations scattered among nations with vastly different legal systems and environmental regulatory systems. If one of their...

This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...

This Article discusses the importance of language in the institutional design of European and international courts, which I refer to as “linguistic design.” What is at stake in the choice a court’s official or working language? Picking a language has far-reaching consequences on a...

Anti-suit injunctions (ASIs) have recently emerged as a phenomenon significantly affecting the dynamics of standard essential patent (SEP) litigation. The enhanced role played by these patents in the Internet of Things scenario and the willingness of national courts to set themselves up as...

Courts apply a number of doctrines, including the conduct and effects test, in determining how far to extend jurisdiction in securities class actions involving transnational securities fraud. Courts often focus on whether foreign jurisdictions will recognize a U.S. class action judgment and the...

The New York Yankees may be, with apologies to the Atlanta Braves, "America's Team." But from Babe Ruth's barnstorming tour of Cuba in 1920 through the recruitment of current stars such as Hideki Matsui, the baseball team has operated internationally. Along the way, it has encountered various...

The article deals with the question of whether and why corporations are human rights subjects by analysing the different approaches of regional economic courts and regional human rights courts. For some of these courts, protecting corporate human rights is the natural response to the key role...

An “ethics explosion” is emerging in the international investment arena in many different ways. Along with the EU’s strong desire to regulate the ethical aspects of adjudicators’ duties in its latest generation of IIAs, whether already in force or still under negotiation, a growing...

Extractive industries can bring much-needed jobs to remote locations in developing countries. At the same time, there are too many examples where extractive projects bring environmental degradation and human rights violations. Some research has pointed out that the difference between an...

This is an edited version of a lecture on the use of local litigation as an instrument of global regulation. It asks whether the increasingly global aspect of business networks, and of the harms those networks can cause, demands a reexamination of the paradigm that we use to articulate the role...