International Economic Law

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ISDS reform and air guitar: A response to Grant and Kieff

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 that we conducted to assess which factors mostly affect the public acceptance of investor-State dispute resolution outcomes. In our study we tested a number of possible factors that influence public perception – i.e. the institutional design of ISDS, the rights investment arbitration protects, and the inclusion or exclusion of domestic investors from the benefits of ISDS. Thomas D. Grant and F. Scott Kieff have published a fascinating and thought-provoking response to our study. We are grateful to Grant and Kieff for the attention they have dedicated to our article, and for the points they raise, which allow us to rekindle the EJIL debate on the “experimental turn” in international law scholarship. In this post, we will pick up some of Grant and Kieff’s suggestions, in the hope of encouraging them (and any other interested EJIL reader) to experiment…

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A Not So ‘New Dawn’ for International Economic Law and Development: Towards a Social Reproduction Approach to GVCs – A Rejoinder to Bernard Hoekman

I thank Bernard Hoekman for taking the time to engage with my article ‘A Not So “New Dawn” for International Economic Law and Development: Towards a Social Reproduction Approach to GVCs’, and for providing me with the opportunity to clarify some of its arguments. He and I agree that concerns about social reproduction are central to…

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A new variety of rights-based climate litigation: a challenge against the Energy Charter Treaty before the European Court of Human Rights

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 cases are pending before the Court, with applicants seeking to challenge various aspects of domestic climate change laws and policies in the various respondent states, arguing that they violate their…

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Germany’s Trusteeship over Gazprom Germania: A Brewing Expropriation Claim?

Background If it were not so serious, it would be funny: In March 2022, the part-time DJ and fledgling YouTuber Dmitry Tseplyaev (purportedly) became the ultimate controller of Gazprom’s gas-distribution network and gas-storage facilities in Germany. The German authorities did not see any humour in this situation. On 4 April 2022, they imposed…

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Energy Lessons from the Ukraine Crisis

It is a cliché that wars are fought over energy access.  It is just as trite to point out the illegality of military action to secure energy resources for oneself or to deny energy access to adversaries.  As sanctions against Russia and against Ukrainian separatist regions come into focus, energy access again comes front and center.  Germany’s…

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