Current Issue

The Costs of Consistency: Precedent in Investment Treaty Arbitration

This Article challenges the emerging consensus that arbitrators who adjudicate investor-state disputes should strive for greater consistency. It submits that consistent adjudication can only be realized by sacrificing accuracy, sincerity and transparency. For many national and supranational legal systems, this … Continue reading

Protecting Architectural Forms as Traditional Cultural Expression? Why WIPO Should Go Back to the Drafting Table

In recent decades, developing countries and indigenous communities have increasingly asserted the necessity of protecting so-called “traditional cultural expression”–the array of creative expressions integral to the cultural and social identities of indigenous and local communities–from improper exploitation. Among the more … Continue reading