This chapter examines the so-called 'rule of necessary implication' in treaty interpretation by considering international judicial decisions in three different contexts: implied powers as reflected in decisions of the International Court of Justice and the International Criminal Court; implied...

Since its creation in 1995, the Appellate Body of the World Trade Organization (WTO) has gradually constructed a consistent approach to completing panels' analysis where the circumstances permit. The need for this practice stems from the limitation of WTO appeals to issues of law and the absence...

Domestic screening of inbound foreign investment, often on the grounds of national security, has intensified in recent years. More countries are introducing such regimes, while others are expanding their sectoral scope or creating opportunities for retrospective screening. These developments...

Host states not infrequently find themselves responding to claims by investors under international investment agreements (‘IIAs') following a series of corporate steps to enable the claim to take place: restructuring of existing chains of corporate ownership; transfers of assets to new or...

This chapter uses the Hong Kong-Australia BIT as a case study to illustrate how plain packaging measures are likely to fare in international investment law. It examines in detail the investment claim made by Philip Morris Asia Limited ('PMA') against Australia under the BIT, including matters...

The UNESCO Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions, which recently entered into force, highlights the lingering tensions among WTO Members about trade and culture, most often reflected in disputes and debates concerning audiovisual products....