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The Regional Comprehensive Economic Partnership (RCEP)’s Chapter 19 Dispute Settlement Procedures

Over this past weekend during the 37th Association of Southeast Asian Nations (ASEAN) Summit hosted by Viet Nam, the ten ASEAN Member States (Brunei Darussalam, Indonesia, Malaysia, Thailand, Singapore, the Philippines, Cambodia, Myanmar, Laos, Viet Nam) finally signed, together with five other trading partners - Japan, the People's Republic of China, South Korea, Australia, and New Zealand - the Regional Comprehensive Economic Partnership (RCEP), which creates the world's largest trading bloc (comprising around 30% of global GDP).  RCEP was finally concluded after eight years of negotiations, which initially saw participation from India until it withdrew in November 2019.   I had written extensively in 2018 about what had been substantive negotiation points on market access, investment, and other features of RCEP, leaving out the provisions on dispute settlement that were still thorny points for negotiation among RCEP negotiators.  In this post, I discuss the features of RCEP's Chapter 19 on Dispute Settlement, and what this new structure bodes for the future of dispute on international trade, investment, intellectual property, e-commerce,…

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To CETA or not to CETA: Reflections on ISDS and the special responsibility of national parliaments

In a reaction to an EJIL: Talk! post by Baetens et al., Arcuri et al. claim that the Dutch parliament has the right to reject CETA and also argue in favour of it doing so. The post by Arcuri et al. raises important points that merit further discussion, among legal academics and practitioners, politicians, and citizens.

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Expropriating democracy: on the right and legitimacy of not ratifying CETA

In May 2020, the unwinding saga in CETA’s ratification landed in a divided Dutch Senate. The date of the decisive vote in the Senate is dependent on the government’s response to questions raised by senators. Academics have suggested that the Netherlands should ratify CETA because not doing so ‘would be a very negative signal’ ‘in today’s crumbling…

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Hacking Humanitarians? IHL and the protection of humanitarian organizations against cyber operations

For some years, experts have cautioned that the more humanitarian organizations collect data, the more they ‘are exposed to a growing wave of digital attacks and cyber espionage, and have become highly prized targets’. In late January 2020, the issue made headlines: The New Humanitarian reported a ‘sophisticated’ cyber operation…

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Life Without the WTO – Part II: Looking to the Everyday

Editors' Note: This is the second post of a two part series by EJIL:Talk Contributing Editor Michael Fakhri. Part I can be found here. In this second post I want to provide two examples of how life might look like without the WTO. One could do this in a myriad of ways and my…

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