International Economic Law

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The Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement: An Important Step Forward in the Reform Process?

On May 1, 2020, the secretariats of ICSID and UNCITRAL released the first draft of the Code of Conduct for Adjudicators in Investor-State Dispute Settlement (ISDS). States, international organisations and other stakeholders have until October 15 to send comments on the draft. I had the privilege to work extensively on the draft Code as a scholar in residence at ICSID from September 2019 to March 2020, while on Sabbatical leave from my own law school. In this short contribution, I first put the code in the larger context of the ISDS reform process, then explain the main provisions and general content of the draft, and finally provide some comments and ways forward.

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Justified Border Closures do not violate the International Health Regulations 2005

Rapidly developing pandemics require governments to use their best endeavours to protect their populations.  International law permits them to do this provided they observe certain conditions, but limits on the reach of the World Health Organization (WHO) International Health Regulations 2005 (IHR) have previously been insufficiently appreciated. In mid-February 2020 The Lancet published a piece by…

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COVID-19 and ‘War’ Clauses in Investment Treaties: A Breach through the Wall of State Sovereignty?

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. States have adopted different measures, with varying success and degree of intrusiveness: from lockdowns over export restrictions and requisitions, to stimulus legislation and even infection tracking. As with…

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Changing global dynamics and international competition law: Considering China’s potential impact: A rejoinder to Professor Fox

I am honoured and grateful that Professor Fox has engaged with and responded in such a thoughtful manner to the various issues that I raised in my article ( "Changing Global Dynamics and International Competition Law: Considering China’s Potential Impact") published in the latest issue of EJIL (Vol. 30 (2019) No. 4).  Even though our views…

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Adamakopoulos and Others v. Cyprus: Mass Claims Between No Longer and Not Yet

Introduction Unlike previous decisions dealing with mass claims in investment treaty arbitration, the Decision on Jurisdiction and Admissibility of 7 February 2020 in Theodoros Adamakopoulos and others v. Republic of Cyprus, ICSID Case No. ARB/15/49 (hereinafter ‘Decision’), has not attracted much attention. The majority (Donald M. McRae and Alejandro Escobar) accepted…

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