Investment arbitration and environmental regulation have conventionally been conceived of as incompatible. However, in recent years, ISDS has increasingly been used to promote environmental policies.
On May 25th, the General Data Protection Regulation—the European Commission’s latest attempt to enhance privacy protections throughout the EU—becomes enforceable. Though the GDPR adopts most of its provisions from the Data Protection Directive of 1995, US tech giants are scrambling to adjust their behavior in time. This article explores why a few adjustments to the EU’s privacy protection have captured the attention of some of the world’s most powerful companies.
Functional Interpretation of Statehood under the ICC’s Jurisdiction Framework: the Case of PalestineBy: Tom Nachtigal
Issues of statehood might impede the International Criminal Court’s (ICC) exercise of jurisdiction over Palestine despite its accession to the ICC’s Rome Statute. This blog post suggests that a functional interpretation of the statehood requirement under the Rome Statute is warranted as it would reconcile Palestine’s admission as a State-party and the jurisdictional structure of the ICC, which is based on delegation of powers by State-parties to exercise criminal jurisdiction.
In 2015, Vietnam exported $185 billion and imported $169 billion; Vietnam is the 24th largest export economy in the world. For those companies engaging in commercial activity in Vietnam, deciding how to settle disputes becomes a salient issue. Arbitration in Vietnam is a form of dispute resolution which has benefits which have sometimes been overlooked.
The Philippines banned its citizens from migrating to Kuwait in an attempt to bolster the protection of workers abroad. Recurring reports of abuse of Filipino migrant workers question the legitimacy of the use of outward migration as a development strategy.
The Duty to Investigate Allegations of State Responsibility for Extraterritorially Aiding and Assisting Internationally Wrongful ActsBy: Sophia Wistehube
This post a pragmatic and consistent way to determine the scope of the duty to investigate the responsibility of a cooperating state in cases of aiding and assisting internationally wrongful act.
Since we were children, those of us who grew up in the Internet age were warned that the Internet never forgets—meaning, anything put on the Internet will never go away. However, in recent years that warning has not held quite as true thanks to the right to be forgotten. The right to be forgotten requires that a search engine or database deletes the link to certain information about an individual upon request, making such information much more difficult to find online. On one side are staunch supporters of the right to be forgotten while on the other side there are adamant critics; both sides believe there will be dire consequences if the other wins out.
On January 26th, the USITC overturned a 292% tariff imposed by the Commerce Department on Bombardier CS100 airplanes being sold in the United States. While the dispute has been resolved, the public stances of both the Canadian and American governments during the dispute were confrontational and aggressively. If such a negotiating tone continues, this will not bode well for the next round of NAFTA negotiations.
South Korea recently announced that it will not seek to renegotiate the 2015 deal with Japan over the “comfort women” issue because it was a legitimate, formal agreement between the two countries. While the 2015 deal may be final, the comfort women issue is not fully resolved, and the surviving victims are still waiting for a sincere apology from Japan.
North Korea will participate in the 2018 Winter Olympics in PyeongChang, South Korea. While the announcement partially relieved the past year’s tensions over its nuclear program, many remain wary of North Korea’s intentions.