This paper analyzes several emerging transnational regulatory systems that engage, but are not centered on state legal systems. Driven primarily by civil society organizations, the new regulatory systems use conventional technical standard setting and certification techniques to establish...

What are a negotiator's ethical and moral obligations during a negotiation? Should a negotiator be dedicated to achieving the greatest value possible for his or her client even though that goal may appear to require some degree of deception? Does it make a difference whether a culture has a...

This article surveys the historical development of financial services regulation in Great Britain, especially the social conditions and power relations that have shaped the evolution of British financial markets. The analysis specifically focuses upon the role of special interest groups and how...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent lack of appreciation of the different functions...

In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...

On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...

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...

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...

This article is based on the text of a speech delivered by Oliver Bethell on 13 November 2019 at the Econolex Beesley lecture series, held in partnership with the Institute of Economic Affairs and the Centre for Competition and Regulatory Policy at City, University of London