Joshua Paine


Joshua Paine is a Senior Lecturer in Law at the University of Bristol. His research focuses on international dispute settlement and international economic law (primary focus on investment law, secondary focus on trade law). Josh has published widely in leading peer-reviewed journals and in edited volumes. His first monograph, The Functions of International Adjudication and International Environmental Litigation, will be published by Cambridge University Press in 2024.

Recently Published

Shoehorning Substance into a Procedural Mandate? The Right to Regulate and UNCITRAL Working Group III

This post addresses Draft Provision 12, on ‘Right to Regulate’, in the recent ‘Draft Provisions on Procedural and Cross-Cutting Issues’ that were published by the UNCITRAL Secretariat in late July and will be discussed at UNCITRAL Working Group III’s next session in October 2023 (A/CN.9/WG.III/WP.229 [11]). The Draft Provisions have been ‘prepared…

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Cairn Energy v India: Retroactive Taxation, Fair and Equitable Treatment and the General Principles Method

This post addresses an Award of 21 December 2020 in Cairn Energy v India, a case under the UK–India BIT. The headline outcome of the Award is that India’s retroactive application of taxation legislation, that subsequently imposed taxes on the transactions of the claimants that were not taxable at the time the transactions occurred, constituted a…

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Environmental Aspects of the South China Sea Award

Earlier posts (here and here) have provided a general overview of the much-anticipated 12 July Award of an UNCLOS Annex VII Tribunal in the Philippines v China case. This post will focus on the environmental aspects of the Award. The Tribunal’s consideration of environmental issues is largely contained in the part of the Award dealing…

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