Last week cyberattacks against British Airways, BBC and Swiss government agencies made it to the top of headlines around the world. These attacks show that greater connectivity has increased vulnerabilities in the absence of global regulatory responses. On 26 May 2023, we convened in Tokyo Symposium on ‘Public and Private Governance of Cybersecurity: Challenges and…
The rich programme of the 2023 London International Disputes Week (LIDW) serves as proof of the leading role of London not only in Europe but in the world when it comes to international dispute resolution. The range of topics on the programme (from commercial, construction, and investor-state to crypto, mining and energy disputes) is not…
The UNCITRAL Group III on investor-state dispute settlement reform met on 23-27 January 2023 in Vienna and focused on the commentary on the draft code of conduct for adjudicators in ISDS and the appellate mechanism. On 24 January Vladimir Kozin and I presented key findings of the UNODC ongoing study on corruption allegations in ISDS.…
Following the 2022 Russian invasion of Ukraine, the effect of sanctions on arbitration has become an increasingly important topic. Within weeks of the invasion, the European Union, United States, United Kingdom, Japan and other states imposed sweeping sanctions to support peace and the territorial integrity of Ukraine, quickly making Russia the most sanctioned state in…
Earlier this month I had the honour of participating in the 43rd session of the UNCITRAL Working Group III Investor-State Dispute Settlement Reform, which took place in Vienna. The session demonstrated that although the group is making progress, on a number of issues disagreements persist between various states. This brief summary highlights some highlights of…
It has been a pleasure to present on defining foreign investments in Uppsala, Sweden at the CELIS Forum on Investment Screening earlier today. My presentation covered investments subject to FDI screening, cases, treaties and international coordination of the investment concept, territorial nexus and jurisdictional overlap. Having examined international investment agreements and ISDS cases, I drew…
On 16 December 2021, I had a privilege of co-chairing with Vladimir Kozin (UNODC) an event featuring key recommendations of the forthcoming report on corruption and foreign direct investments and corruption and investor-state dispute settlement. This post summarises key developments, which led to these findings and the document itself. Resolution 8/9 (2019) of State Parties…
Today I presented at the international conference “The Challenge of Global Cybersecurity” organised by the University of Granada, one of Spain’s oldest universities. Granada is also the birthplace of Francisco Suárez who had an important influence on the philosophy of international law. My presentation ‘Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction’ focused…
It has been my honour to play a key role in convening the first high-level Expert Group Meeting on Corruption and Foreign investments organised by the UN Office on Drugs and Crime and the UN Conference on Trade and Development on 18-19 May 2021. The event brought together over 140 experts from States, intergovernmental organisations,…
In our recently published article we examine the principle of non-retroactivity in domestic and international law. We conclude that while in the criminal law context it has become a binding norm of international law, it has not crystalized into such norm in administrative law. The article pays particular attention to the application of this principle…