Today's trade agreements include “trade-plus” provisions such as intellectual property, labor, and environment commitments and subject them to the same dispute settlement mechanisms as the traditional commercial provisions. This Article queries whether the institutional design in which such...

This Article argues that Cuba's so-called "internationalization revolution" was ill-predicted because it was based on a faulty premise: that the foreign investment laws of the 1990s constituted a marked shift in Cuba's engagement in the global marketplace. While there is no doubt that investment...

At its 37th session, UNCITRAL Working Group III (WGIII) indicated that it would study shareholder claims as a possible subject of reform. This paper aims to support WGIII and the UNCITRAL Secretariat in this effort, with a particular focus on claims for shareholder reflective loss (SRL). ISDS...

The new Rules on Transparency in Treaty-based Investor-State Arbitration by the United Nations Commission on International Trade Law encourage transparency in the public interest, but the most valuable tool to achieve this overall goal will be the repository – a searchable electronic database...

This article argues that Continental Casualty Co. v. Argentine Republic perverts the question of what constitutes a valid “state of necessity” defense in investment law by applying interpretations from trade law — as embodied in dispute resolution panel decisions by the World Trade...

The present generation of free trade agreements (FTAs) suffers from a lack of innovation. This path dependence, which finds its foundation in repetitive language in U.S. agreements and the proliferation of those agreements, has two primary effects. First, it is prompting normative convergence in...