Nearly 30 years have passed since world leaders signed the UN Framework Convention on Climate Change (“UNFCCC”), agreeing to combat “dangerous human interference with the climate system.” For many of…
This post deals with the conceptual underpinnings and theoretical justification for the practice of counterclaims in investment arbitration. First, it is important to delineate this post from an…
Debates about the fragmentation of international law and the sometimes conflicting relationship between a state’s and investor’s obligations under international investment law (“IIL”), on the one…
Introduction
In the past few years, there has been a visible focus on ensuring diversity, especially in terms of gender, in international arbitration (IA). This engagement has, arguably, assumed the…
Western European countries have taken divergent approaches to dealing with the consequences of shutting down power plants while transitioning towards cleaner energy sources. On one side, Germany…
A few days ago I had the fortune of attending the fourth webinar of the Young ITA Mentorship Program – Speaker Series, entitled The (Sometimes Forgotten) Importance of the Arts and Psychology in…
The relationship between commercial arbitration and European human rights law raises a number of conceptually difficult issues. How can the State be regarded as responsible at all for conduct of…
In the wake of BEG (see Part I), what conclusions can we draw about the place of arbitral independence and impartiality in the ECtHR’s Article 6 jurisprudence?
State Responsibility and Private…
The Achmea saga has taken yet another twist. In a recent communication to the Dutch Parliament, the Dutch Ministry of Economic Affairs and Climate disclosed that it initiated “anti-arbitration”…
