In the past two decades, multistakeholder partnerships have been on the rise. With the perceived failure of intergovernmental organisations to get things done, the international system has turned toward partnerships. Allowing for collaboration with private actors, they are increasingly seen as the governance model du jour. They’re praised for being democratically legitimate, thanks to their …
The Philippines v China Award contained a number of novel and highly progressive findings with respect to obligations for the protection of the marine environment under UNCLOS. Thus far, these elements of the decision have gone largely unexamined in the surrounding literature. This article concentrates on two specific aspects of these findings: the obligations in …
CETA, the EU-Vietnam FTA, and the EU-Singapore FTA are the first investment treaties to replace the practice of ad hoc tribunals and party-appointed arbitrators with a two-tiered investment tribunal system (ITS), consisting of a standing tribunal of first-instance and an appeal tribunal, comprised of a roster of members who are pre-selected by the treaty parties. …
This chapter examines Vietnam’s position on the rights of coastal states versus the rights of user states as provided in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The first section provides the context and an overview of Vietnam’s participation in the negotiation of UNCLOS as well as its subsequent implementation …
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 …
CETA and the EU–Vietnam FTA are the first treaties to specify new rules governing the identity, requisite qualifications and tenure of arbitral members, and provide a more extensive review function through a two-tiered investment tribunal system (ITS). These treaties signal a shift towards a more public and judicialized system, akin to that of many national …
The practice of arbitral tribunals is notably consistent with respect to articulating the fundamental values which need to be balanced in deciding whether to bifurcate preliminary objections with respect to jurisdiction or admissibility. Moreover, there is substantial consensus on the issues or factors which ought to be evaluated by arbitral tribunals exercising their discretion under …
By design, investor-State arbitration affords no possibility of review for errors of law for arbitral awards rendered under the ICSID regime, and rarely pursuant to judicial review for non-ICSID processes. The long-standing ‘one-kick-at-the-can’ nature of international arbitration has generated concerns from some critics, which in turn have coalesced into a call for the creation of …
The Impetus for the Creation of an Appellate Mechanism Read More »
The Comprehensive Economic Trade Agreement (CETA) between Canada and the European Union is the first treaty to specify new rules governing the identity and tenure of arbitral members and provide a more extensive review function through a two-tiered investment tribunal system (ITS). CETA signals a shift towards a more public and judicialized system, akin to …
