Introduction Nationality is a crucial marker for protection in international investment law. Only investors that qualify as nationals of a contracting party can access investment…

Geopolitical considerations have been creeping into corporate and international economic laws. Faced with rapidly increasing inbound foreign direct investment by corporations from competing economies, many countries…

In issue 2020(2) of EJIL, we published an empirical study concerning the public perception of investment arbitration. Our article presents the results of four experiments…

In the last couple of years, the European Court of Human Rights (ECtHR) has become a hotspot for rights-based climate change litigation. At the time of writing, seven…

ISDS emerged in the twentieth century to empower foreign investors to assert legal claims against host states without the intervention of their home state. But this understanding of…

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…

In modern international law, the relationship between state responsibility and the protection of foreigners and their property is one of cross-fertilization and even common origin. When in 1924…

In a recent issue of EJIL (EJIL (2020), Vol. 31 No. 1), I have an article on how international investment law privileges foreign investors, to which Jürgen Kurtz…

In the fog of COVID-19, lawyers are identifying ways to hold States accountable for the outbreak, indecision and/or actions, whether or not violating due diligence obligations.

  Though nothing can be immortall, which mortals make; yet, if men had the use of reason they pretend to, their Common-wealths might be secured, at least,…