Type

UNCITRAL Working Group III Debate: Enforceability of Awards by an Appellate Mechanism or an Investment Court Under the ICSID and New York Conventions

During the discussions in the resumed 38th session of UNCITRAL Working Group III—held in Vienna from 20 to 24 January 2020—a principal issue under consideration by delegates was the enforceability of ‘awards’ rendered by an appellate mechanism or an investment court. The centrality of the issue of enforcement in the discussions rests upon the requirement …

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Cross-Border Data Flows in WTO Law: Moving Towards an Open, Secure and Privacy-Compliant Data Governance Framework

The digitalisation of the economy and the heavy dependence on cross-border data flows raises complex questions regarding the potential role of international trade agreements in data governance and digital regulation. As concerns around cybersecurity protection, privacy and data protection, and online censorship increase, governments across the world are struggling to strike a balance between digital …

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Teaching and Researching International Law in Asia (TRILA) Project—2020 Report

This report comprehensively assesses the current state of the teaching and researching of international law in Asia (TRILA) in order to understand the needs and concerns of the teachers and scholars in the region. It is divided into two parts. The first part reports the 2018 TRILA Singapore Conference, which (1) created a forum for …

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Digital Trade Integration in Preferential Trade Agreements

The growth of digital trade is dependant upon greater interconnectivity across borders. Several countries strive to achieve such interconnectivity and integration in digital trade through international trade agreements. Digital trade integration is a complex, multidimensional process that integrates regulatory structures/policy designs, digital technologies and business processes along the entire global/regional digital value chain. This paper …

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Between Participation and Capture in International Rule-Making: The WHO Framework of Engagement with Non-State Actors

Following demands for more democratic legitimacy and given the growing dependency of international organizations (IOs) on external information and resources, in the past decade and a half, IOs have opened up their rule-making to non-state actor (NSA) participation. In a broad sense, this participation trend tracks the 20th-century administrative law revolution in many democracies, whereby …

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