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The ‘other’ dialogue at the G20 Summit: International Responsibilities of...
The forthcoming G20 Leaders’ Summit on 5-6 September 2013 (pictured above left, credit) will expectedly focus on US President Barack Obama taking advantage of bilateral and multilateral talks at this...
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The Global Countdown to October 17: International Responsibility for...
The daily political saga of the United States federal government shutdown has the rest of the world riveted – not just for the ratcheting rapid-fire exchanges between President Barack Obama and...
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Ripples in the East and South China Seas: Aid, ADIZs, Aircraft Carriers, and...
In the past few weeks throughout November 2013, various incidents have sharply demonstrated China’s foreign policy preferences in relation to disputes with neighbors over the East and South China Seas...
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The Right to Regulate for Public Morals Upheld (Somewhat): The WTO Panel...
There have been few interpretations of Article XX(a) of the General Agreement on Tariffs and Trade (GATT 1994) – the specific exception that justifies what would ordinarily be a State’s...
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Evidence in Environmental/Scientific Exceptions: Some Contrasts between the...
Two significant international decisions involving environmental protection claims were issued within the last few days of March 2014. On 26 March 2014, a World Trade Organization (WTO) Panel issued...
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Republic of Argentina v. NML Capital Ltd.: The Global Reach of Creditor...
On June 16, the United States Supreme Court (SCOTUS) (Sculpture of Contemplation of Justice at the US Supreme Court, above left, credit) issued its judgment (penned by Justice Antonin Scalia) in...
View ArticleThe EU/US v. Russia Trade Wars: Revisiting GATT Article XXI and the...
The EU, US, and Russia are far from reaching any détente in the economic warfare waged between some of the world’s economic powerhouses. On 11 September 2014, the US and EU announced a deepening of...
View ArticleEditor’s Book Choices 2014: Does International Law Respond to Grassroots...
Crisis and stagnation in the global economy is the new normal, so say The Financial Times, McKinsey & Co., Business Insider, and the World Economic Forum at Davos in 2013. It is twelve days before...
View ArticleThe Jurisdictional Rubicon: Scrutinizing China’s Position Paper on the South...
On December 7, 2014, China officially published its Position Paper “on the Matter of Jurisdiction in the South China Sea Arbitration initiated by the Republic of the Philippines” [hereafter, “China...
View ArticleThe Jurisdictional Rubicon: Scrutinizing China’s Position Paper on the South...
Yesterday I set out the background to the Position Paper issued by the China, on December 7, 2014, “on the Matter of Jurisdiction in the South China Sea Arbitration initiated by the Republic of the...
View ArticleBreaking the Washington Consensus? The Rise of ‘Alternative’ Development Banks
The United Kingdom scuttled much of its trans-Atlantic partnership with the United States this week, when it became the first G7 country to join the China-led Asian Infrastructure Investment Bank...
View ArticleRevisiting ‘Interested Parties’ in Investor-State Arbitration: Ticaret...
On 12 June 2015, the arbitral tribunal – composed of Professors Julian Lew, Laurence Boisson de Chazournes, and Bernard Hanotiau – in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti v....
View ArticleFlexibility or Gridlock? The Promises and Perils of Popularizing Plurilateral...
Editor’s Note: This post responds to Bernard Hoekman and Petros Mavroidis’ article in the current issue of EJIL Vol. 26 (2015), No. 2, titled “WTO ‘à la carte’ or ‘menu du jour’? Assessing the case...
View ArticleBeneficial Ownership and International Claims for Economic Damage: Occidental...
On 2 November 2015, the ICSID ad hoc Committee composed of Prof. Juan Fernandez-Armesto (Committee President), Justice Florentino Feliciano, and Mr. Rodrigo Oreamuno in Occidental Petroleum Corporation...
View ArticleEvidence but not Empiricism? Environmental Impact Assessments at the...
December 2015 was a landmark month for treaty-based developments in international environmental law, after the successful conclusion of the Paris Agreement (see Jorge Vinuales’ three-part analysis...
View ArticleA New Theory for Enforcing ICJ Judgments? The World Court’s 17 March 2016...
The International Court of Justice simultaneously issued two intriguing judgments on 17 March 2016, both involving applications filed by Nicaragua against Colombia, and both of which have some nexus to...
View ArticleThe ‘Internationalization’ of Maritime Disputes in the South China Sea:...
What does it mean to ‘internationalize’ a maritime dispute? Accusations of ‘internationalization’ of the maritime disputes in the South China Sea have been strident over the past weeks, most recently...
View ArticleArbitral Controls and Policing the Gates to Investment Treaty Claims against...
Investor-State arbitral tribunals are increasingly policing the gates to investment treaty claims against States. The initiation of investment treaty claims against States remains subject to a high...
View ArticleThe Philippines v. China Arbitral Award on the Merits as a Subsidiary Source...
“Great Game” politics in the Asia-Pacific has just changed irrevocably, especially for all parties, claimants, and affected constituencies in the South China Sea, after the Annex VII UNCLOS arbitral...
View ArticleDetecting Prohibited Subsidies and Determining Continued Compliance: WTO...
On 22 September 2016, the United States Trade Representative (USTR) scored another victory in its long-running dispute with the European Union (EU) over subsidies provided by certain EU Member States...
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