Economic Development

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Reassessing Consent in Counterclaims: Rebalancing Investment Protection and Public Interest under the UNCITRAL ISDS Reform

In mid-2025, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III (WGIII) released a new set of Draft Provisions on Procedural and Cross-Cutting Issues, as part of its ongoing reform of investor-state dispute settlement (ISDS), which aims at addressing long-standing concerns about the fairness, balance, and effectiveness of the current system. One of the most notable proposals identifies an investor’s initiation of arbitration as implied consent to a tribunal’s jurisdiction over counterclaims. Counterclaims have increasingly been seen as a potential tool for host States to raise public interest concerns deriving from foreign investment. The proposed implied consent rule addresses a crucial question: how ‘consent’ should function when a State seeks to bring a counterclaim against an investor.

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The Revised EU-Mercosur Trade Deal: Does it Adequately Address Trade-Environment-Development Interlinkages?

The EU has been at the forefront of efforts to consider environmental and development issues in trade agreements. EU new generation agreements include a ‘Trade and Sustainable Development (TSD) Chapter’ as a standard element whereby parties agree to various commitments on environmental and labour protection. But the EU’s approach came under severe criticism during…

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From Uruguay to Turnberry – The Return of “Aggressive Unilateralism”

The bicycle theory of trade suggests that the global trading system, much like a bicycle, must maintain steady momentum toward freer trade—any failure to move forward will condemn the multilateral system to topple over and fall due to pressures of protectionism. As the world's leading trading nation, the U.S. was traditionally seen as the key force…

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Sanctions, Coercion and the Right to Development

Last week, the Trump administration sanctioned four judges of the International Criminal Court, who were subjected to an asset freeze and a travel ban simply for doing their job. Yesterday, the governments of Australia, Canada, New Zealand, Norway and the United Kingdom sanctioned two extremist Israeli ministers, Itamar Ben-Gvir and Bezalel Smotrich, for inciting violence and…

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The Rise of Outbound Investment Screening: A Vacuum in International Economic Law

Advanced economies, and in particular China and the US, are engaging in a new technological arms race. China is trying to catch up technologically to the US and the US is doing everything it can to prevent that from happening. It perceives Chinese technological advances as a threat to its national security. Outbound investment screening mechanisms are the…

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