In 2015, the Heads of State and Government of COMESA, the EAC and SADC agreed to establish the Tripartite Free Trade Area (TFTA) extending from Cape to Cairo, encompassing all twenty-six members of the three groupings. While the TFTA negotiations are ongoing, it is necessary that member states...

First, this article proposes that the rise of the Internet and further information and communication technologies (ICT) has facilitated the evolution of a new, virtual form of relational contracts. This hypothesis is developed inductively by drawing on the results of an explorative empirical...

Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

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...

Access to Court is a gobal principle, though the consequences of this principle are interpreted differently in the U.S. and Europe. Neither International Commercial Arbitration nor International Litigation can offer an effective access to court for cross-border commercial contracts. Whereas...

In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...

This Article posits that international law on investment protection develops as a common law through adjudication of investor-state disputes. It reviews the three prevalent theories on the development of international law on investment protection. These three theories are (a) that investor-state...

It is a widely held assumption that sophisticated parties prefer arbitration over litigation in international agreements for three reasons. First, the flexibility granted by arbitration would allow parties to write dispute settlement clauses that are tailored to their individual preferences....