During the past few years arbitration has been under attack. Recent judicial decisions, newly enacted and proposed legislation, and populist sentiments are important and obviously can result in significant changes. But many of the criticisms leveled at arbitration can be addressed and, most...

Why do lawyers in some jurisdictions continue to ‘automatically’ exclude the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) in their choices of law for international sales contracts? Why do lawyers in other jurisdictions approach the decision very differently? Why...

This paper reviews the revisions to the data communications parts of the International telecommunications Regulations adopted at this conference. These two bedrock normative rules: 1) open interconnection of devices of all kinds; and 2) resale and sharing of dedicated facilities allowed many...

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...

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

We find PASPA's partial and non-uniform ban on state-sponsored sports wagering to run afoul of the equal sovereignty doctrine's general constraints as set forth in Shelby County and Northwest Austin. PASPA also fails equal sovereignty scrutiny for two other narrower reasons. First, for a law...

This article discusses the legal status of links, in connection with the pending cases before the Court of Justice of the European Union in Svensson, C More and BestWater. Hyperlinks, deep links, framed links and embedded links are discussed. It focuses on the Opinion of the European Copyright...

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...

International climate protection investments (Joint Implementation and Clean Development Mechanism projects) are burdened with problems of contract enforcement, which prevent the realisation of efficiency gains associated with these investments. The paper analyses this problem from the...

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...