The Decline of the Rule of Law in Russia: From Telephone Justice to Asset Seizures

The Decline of the Rule of Law in Russia: From Telephone Justice to Asset Seizures

The rule of law has significantly declined in Russia recently, particularly following the February 2022 full-scale invasion of Ukraine. At a workshop, hosted at the Arctic University of Norway, we explored the growing dominance of informal governance, the erosion of judicial independence, and the broader implications for civil freedoms and property rights in Russia. I…

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?

Can Regulatory Freedom Justify Indirect Expropriation in Investment Arbitration?

States can regulate as part of their sovereignty and can give away a part of their regulatory freedom by making commitments to foreign investors, such as the obligation to compensate investors for expropriation. Unless a treaty removes or modifies a particular norm of international law, international law on expropriation, including customary law, should apply. The real challenge…