Because of the difficulties of distinguishing friend and foe, security and insecurity, or even war and peace, terrorism appears to be an endemic and endless risk. The embedded nature of the terrorist risk appears to demand the treatment of one's neighbour as potentially friend and foe. One of...

The proper constitution of an Arbitral Tribunal will determine the validity and enforceability of an award. This paper deals with the different problematics that multi arbitrator tribunals, in specific those panels formed under the scheme of party appointed arbitrators can face during the...

One of the most difficult issues in cyber conflict is the application of territorial sovereignty and other geographic principles to an activity that defies the traditional notions of borders. The structure of the internet and the protocols by which it operates, including the inability to direct...

Under extraterritorial sanctions the sanctioning country extends its policies to trade of third countries with the sanctioned country. A prominent example is former US President Trump's decision to leave the Joint Comprehensive Plan of Action (JCPOA), a multilateral agreement with Iran. The...

This paper is part of an international collaborative project led by Rebecca Giblin & Kimberlee Weatherall. The premise of the project is this: what if we could start with a blank slate, and write ourselves a brand new copyright system? If we could design a law, from scratch, to encourage...

The past few years have witnessed the rise of anti-globalization sentiments in which certain treaties have succumbed to domestic political backlash. But why are particular treaties susceptible to breakdown while others tend to be more resilient? Paradoxically, this Article argues that the...

The decade since the financial crisis has witnessed a proliferation of various ‘light touch' financial restructuring techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency and restructuring law, somewhere between a pure...