Growing unease with the current functioning of the global regime of international investment agreements (IIA), together with today’s sustainable development imperative, the greater role of governments in the economy and the evolution of the investment landscape, has triggered a move towards reforming international investment rulemaking to make it better suited for today’s policy challenges. As …
On November 23, 2013, China declared an Air Defence Identification Zone (ADIZ) in the East China Sea. This ADIZ overlaps with the existing ADIZs of Japan, Korea and Taiwan. The Chinese ADIZ raised concerns from various governments and commentators in the region. First, does this ADIZ violate the principle of freedom of overflight in areas …
This book chapter analyses the impact of non-state actors’ amicus curiae briefs in investor-state arbitration.
This chapter examines the resurgent emphasis on states’ inherent power to regulate for public welfare objectives, so-called ‘return of the state’, in the investment chapters of three FTAs—the recently signed, but not yet in force, Comprehensive Progressive Trans-Pacific Partnership (CPTPP), the now in force Canada–EU Comprehensive Economic Trade Agreement (CETA), and the recently revised final …
Towards a New Regulatory Paradigm under Recent FTA Investment Chapters? Read More »
This chapter discusses the development and adoption of the mandatory Polar Code at the International Maritime Organization (IMO), and explores its relationship with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and various national regulations concerning shipping in the Arctic. It begins by summarising the legal regime for the Arctic region …
The Development of the Polar Code and Challenges to Its Implementation Read More »
Increasing Arctic marine use is driven primarily by natural resource development and greater marine access throughout the Arctic Ocean created by profound sea ice retreat. Significant management measures to enhance protection of Arctic people and the marine environment are emerging, including the development of marine protected areas (MPAs), which may be effective and valuable tools. …
Unlike other guarantees of protection found in investment treaties, the obligation to provide most-favoured-nation (MFN) treatment derives exclusively through the act of concluding a treaty that contains an MFN clause. And yet, notwithstanding this textual pedigree, MFN clauses, unlike any other provision found in investment treaties, have twice been the subject of extended study by …
Most-Favoured-Nation Clauses and the Centrality and Limits of General Principles Read More »
This book chapter by CIL researchers explores the interpretative experience of NAFTA tribunals with the investment chapter in the context of a multi-chapter North American Free Trade Agreement. The chapter is part of the book Jurisdiction Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles, which discusses the jurisdiction, admissibility and choice of law …
ASEAN was established as a political and security forum and it was only in 1977 that ASEAN started to focus on regional economic integration. After the entry into force of the ASEAN Charter in 2008, ASEAN affirmed the application of the 2004 Enhanced Dispute Settlement Mechanism to resolve disputes arising from the interpretation and application …
