There has been a pervasive failure by investment tribunals to grasp the singularly compensatory nature of moral damages awarded to investors. Critically, this failure to distinguish moral damages from other forms of reparation such as satisfaction and restitution, never mind punitive damages,...

A review of climate change regulation reveals three historical ages: the age of responsibility, the age of cost-effectiveness, and the age of litigation. The age of responsibility refers to the “common but differentiated responsibility” (CBDR) principle characterized by political...

For years, tobacco interests have played an important role in developing international law. Recently, cooperation among nations concerned with the risks and health consequences of smoking tobacco has resulted in the adoption of international treaties, regional directives, and common...

In the past, the European Court of Justice has strongly favoured not intervening in any way in the international process of dispute resolution and has denied the direct effect of WTO law at the expense of judicial enforcement of WTO rules. This article discusses the Court's recent extension of...

The growing number of arbitral decisions awarding compensation to investors has contributed to the development of law in the area of damages but also posed questions, which have attracted relatively little attention to date. This article first addresses the important but elusive matter of...

Because the internet is so thoroughly global, nearly every aspect of internet governance has an extraterritorial effect. This is evident in a number of high-profile cases that cover a wide range of subjects, including law-enforcement access to digital evidence; speech disputes, such as requests to...