Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction

Responding to Public and Private Cyberattacks: Self-Defence, Countermeasures and Jurisdiction

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…

Rectroactive application on law: approaches in domestic and international law

Rectroactive application on law: approaches in domestic and international law

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…

IIA Reform in Times of COVID-19: corruption, corporate restructuring and capacity building (video)

IIA Reform in Times of COVID-19: corruption, corporate restructuring and capacity building (video)

In my contribution to the UNCTAD’s Virtual IIA Conference 2020: “IIA Reform in Times of COVID-19,” I highlighted a few projects we recently concluded or are currently working on.  Below is a video recording of the presentation and its transcript.  Every crisis is also an opportunity. In the area of international investment law, the opportunity…

Corporate restructuring and frivolous claims in investor-state dispute settlement

Corporate restructuring and frivolous claims in investor-state dispute settlement

Today I made an intervention on corporate restructuring and frivolous claims during the session of the Working Group III: Investor-State Dispute Settlement Reform. Thank you Mr. Chair for the opportunity to address the distinguished audience. In its intervention, Australia mentioned the problem of corporate restructuring and frivolous claims. Indeed, efforts to create a new and…

Security for costs in investment arbitration – a rare exception rather than a rule

Security for costs in investment arbitration – a rare exception rather than a rule

Today I made an intervention as an observer at the UNCITRAL Working Group III session currently taking place in Vienna (in the online format). The representatives of Bahrain, Switzerland and other States mentioned in their session interventions that the situations were security for costs requested were granted. Now we actually have empirical data to back…

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

Termination of Intra-EU BITs: Legal and Practical Consequences for Pending and Future Disputes

On 5 May 2020, 23 EU Member States signed an agreement for the termination of intra-EU bilateral investment treaties between EU Members (Termination Agreement). The British Institute of International and Comparative Law (BIICL) hosted a webinar on 1 June 2020 to discuss legal and practical consequences of the Termination Agreement. The webinar featured presentations from representatives…

Corporate Restructuring in Investor-State Disputes: Can We Predict Tribunals’ Decisions?

Corporate Restructuring in Investor-State Disputes: Can We Predict Tribunals’ Decisions?

Traditionally, nationality for corporate entities has been regulated by national law, often by reference to whether a corporation has a seat in a country or was incorporated under its laws. However, international investment law has departed from the generally accepted rules of international law on the nationality of corporate persons. Already in the 1960s, the…