The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...

The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...

This article outlines a possible analytical framework employing recent and relevant World Trade Organization (“WTO”) jurisprudence for evaluating whether technical regulations such as the European Union's (“EU's”) European Community's (“EC's”) regulatory regime for the Registration,...

Decisions by arbitral tribunals in investment treaty cases do not have formal precedential status. Yet certain issues recur, and prior decisions at the least provide guidance to later tribunals. The content of the most frequently invoked substantive treaty provisions - the obligations to accord...

This work deals with the question whether an 'EU model' contributing to the development of international investment law may be envisaged. The new competence on FDI conferred to the EU under the Treaty of Lisbon, especially if it is considered in the context of the quot;new regionalismquot;...

States can defend themselves in cases alleging that they have violated investment treaty obligations on the grounds that situations of economic crisis required that they take emergency action. Likely defenses are the customary international law doctrines of necessity and force majeure, although...

Trade regulation may never have been in more flux than it is nowadays. Apart from the emergence of ‘megaregionals’ (more recently, the Regional Comprehensive Economic Partnership – RCEP, or the Comprehensive and Progressive Trans-pacific Partnership–CPTPP) and the difficulties in...

Long-established major U.S. corporations such as McDonalds, Walmart, and Proctor and Gamble continue to derive a majority of revenues from foreign operations. In addition, a number of relatively new U.S. technology companies such as: Airbnb (2008); Facebook (2004); Snap (2011); Twitter (2006);...

Increased international commerce between the United States and faster growing economies such as The People’s Republic of China (PRC), as well as third world economies rich in natural resources but poor in infrastructure like Nigeria, have created the potential for significant exposure to...

As the major players in globalization, firms often operate in states where human rights may not be respected. Without direct intent, firms may be complicit in human rights violations. In 2008, John Ruggie, the UN Special Representative on business and human rights, developed a framework for...