As our societies face new challenges and make new demands from policies addressing international investment, there is a new urgency to profoundly reconsider treaties addressing investment. This paper was prepared originally as background for initial inter-governmental and public discussions at...

This article examines the consequences of the Court of Justice of the European Union’s (CJEU) ruling in Achmea concerning Investor-State Arbitration (ISA) under intra-EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It begins by briefly setting out the arguments of...

This is the introduction to a book that explains and interprets important international agreements, beginning with the landmark Agreement on Trade Related Aspects of Intellectual Property (TRIPS), but also including more recent free trade agreements and the pending Anti-Counterfeiting Trade...

The Energy Charter Treaty (ECT), if revised, could have a particularly important role to play, given the importance of the energy sector in relation to both contributing to global warming and providing climate change solutions.Unlike most other investment treaties and chapters in trade...

Thailand signed its first trade treaty with a European power with Portugal in 1516. Treaties with Spain, the Dutch followed. Arguably the two most significant treaties signed by Thailand in historical times were the Bowring Treaty signed with the British in 1855 and the Treaty of Amity and...

It is frequently said that the United States has a paradoxical human rights policy. This Article takes a closer look at this vision from the perspective of U.S. engagement with international human rights treaty bodies, the quasi-adjudicatory expert committees or commissions that exercise...

Does the Constitution require that U.S. treaties address matters of international concern? For decades, conventional wisdom answered that question negatively; The Restatement (Third) of U.S. Foreign Relations Law dismissed the very existence of an international concern test. In Bond v. United...

This paper will focus on the international legal framework concerning the Russo-Ukrainian gas disputes, particularly exploring one multilateral instrument, the Energy Charter Treaty (hereafter: ECT) and a new 'Energy Initiative' issued by the Kremlin, officially called 'Conceptual Approach to...

This paper examines the legal status of a treaty after the termination of diplomatic relations between two countries by using Taiwan-Panama FTA as a case study. This paper argues that the severance of diplomatic relations does not affect the legal relations of Taiwan-related FTAs. This paper...

The Anti-trafficking Protocol reflects the interests of the major powers. Due to the high costs of compliance, countries will strategically select certain obligations to comply, which can satisfy the major powers with smaller costs. Among the three main obligations of the Protocol - prevention,...