This article concerns the recent case of Georges v United Nations, which constitutes, to date, the most elaborate public law challenge to the principle of UN immunity from suit and private law attempt at procuring compensation from the UN for alleged malfeasance. Despite the fact that it relates...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Most any industry, property owner, or individual is simultaneously subject to countless regulations at the local, state, and federal levels. That is an unavoidable consequence of living in the modern administrative state. At least some of those regulations are arbitrary or unreasonable, exceed...

The fossil fuel industry has filed an increasing number of dormant Commerce Clause lawsuits to overturn actions by coastal states and cities rejecting proposals for new coal and oil export facilities in their jurisdictions. These lawsuits are creating a wholly new “law of energy exports”...

This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration...

Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways to resolve their disputes using...

This article examines the issue of the appropriate scope of review of economic evidence enshrined in the discretionary assessments of utility regulators in the US and the UK. It advances a balance of institutional competencies approach to the question of the degree of deference owed to the...