The authors identify several ways in which an investment facilitation framework for development can be insulated from investor-state dispute settlement provisions in international investment agreements, and suggest specific formulations in this respect.
The modern slavery discourse has brought attention to the idea of ‘human exploitation’, which underpins a range of practices comprised by this popular umbrella term. Despite its extensive use, the concept of exploitation has never been defined in international law. This article articulates the necessary and sufficient conditions for the notion of exploitation in the …
The Essence of Slavery: Exploitation in Human Rights Law Read More »
Regional trade agreements (RTAs) are reshaping the international regime on trade and investments. This is not because they establish new forms of liberalizing or diverting trade and investment. It is rather that narratives are deployed to justify their government. These narratives derive their force from setting out what the vocation of government requires. However, in …
The Regional Remaking of Trade and Investment Law Read More »
This article addresses the phenomenon of dual constitutionalism, using a case study on Indonesia that presents a double conundrum. The first facet of this conundrum is that the Indonesian president can constitutionally ignore the views of the Constitutional Court and the House of Representatives regarding the highly sensitive subject of energy policy and instead write …
ASEAN and Janus-faced Constitutionalism: The Indonesian Case Read More »
This article examines the effects of ASEAN treaties in the Vietnamese legal system. It demonstrates that, in addition to modifying domestic laws, ASEAN treaties, especially those adopted to promote regional economic integration, could also influence the domestic legal order by changing current administrative procedures, introducing new administrative mechanisms, and improving the overall operation of government …
The Effects of ASEAN Treaties in Domestic Legal Orders: Evidence from Vietnam Read More »
Governments are adopting various measures to address cybersecurity-related concerns. Some of these measures restrict cross-border flows of digital services/data, and thus inconsistent with obligations in trade agreements such as General Agreement on Trade in Services (‘GATS’). However, certain governments might argue that such measures are justified under the GATS security exception (Art. XIVbis) as they …
The Trade: (Cyber)Security Dilemma and Its Impact on Global Cybersecurity Governance Read More »
Measures restricting data flows outside one’s borders, including mandatory data/server localization measures, are not only a barrier to trade, but also largely ineffective in achieving better internet security or trust. Nevertheless, governments deploy such measures, primarily on grounds of cybersecurity and privacy, potentially violating their obligations under the General Agreement on Trade in Services (GATS). …
