Investor-State Dispute Settlement

Shareholder Disputes and the Nigerian Foreign Investment Framework: Attribution Under the Prism of the Interocean Case

This article aims to demonstrate that the Interocean case is a paradigmatic decision, testing the limits of the Nigerian Foreign Investment Framework. The analysis concludes with tactical considerations regarding the designation of the State as well as its National Oil Company ("NOC") in ICSID proceedings. It concludes that the Interocean case has paved the way for shareholder disputes in oil and gas to be heard in Nigerian Courts.

The Fire Next Time: International Economic Law and the Existential Politics of Climate Change

It is time for international economic law to start paying serious attention. Law and politics have a complementary role in addressing the growing climate change crisis. Law has to pay attention to its antecedent: politics.

Afronomicslaw-UNCTAD Webinar: The Reform of the International Investment Policy Regime in Africa

This webinar will consider reforms of the international investment policy regime in Africa. The webinar follows up our recently concluded symposium on Investor-State Dispute Settlement designed to centre voices from the Global South in the veritable tradition of Afronomicslaw.org

Hegemony in Investor State Dispute Settlement: How African States Need to Approach Reforms – A Response

In the opinion of this contribution, African States must be more radical in their approach to investment treaty and ISDS reforms. First, they must retain the role of domestic courts in the resolution of investment disputes in line with their national constitutions. Second, where the case for an international dispute settlement mechanism is made, they must consider a state-state trade and investment dispute settlement bodies at the regional and continental levels for all transnational business disputes. Appeals from domestic courts could lie before regional appellate bodies and from a regional appellate to a continental dispute settlement body. This should provide assurance to investors and other business entities that their disputes can and must be resolved within the African continent.

Forthcoming Symposium: Centering Voices From the Global South on Investor-State Dispute Settlement Reform: A Debate

We are excited about our forthcoming symposium which centres the voices of amazing scholars from the Global South on the Investor-State Dispute Settlement Reform. The written symposium will run from September 7th  2020.

Vulnerability and Resilience in the Investment Context in the Age of COVID-19: A Caribbean Perspective

While investment is not per se a current focus of our TVI, this present article discusses vulnerability concerns in an investment context utilising Caribbean Community (CARICOM) Member States as the point of departure. It concludes by discussing the ways these countries have sought and could seek to build resilience.

The Rotten Core of International Investment Law

In this brief post, I want to make sense of Prabhash Ranjan’s brief critique of TWAIL perspectives on international investment law. My main aim is not to mount a defense of TWAIL project(s) on investment law because that might be done more eloquently by others. Instead, I want to make some brief comments about the political valence of, and the assumptions behind, the reservations that Professor Ranjan articulated in this post, and which also appear in his recent book on India and Bilateral Investment Treaties.

PEPA/SIEL Conference, UNCTAD/SIEL Award for Research in Investment & Development

The conference is organised by the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL) in collaboration with the International Law Forum and other sponsors at the Hebrew University of Jerusalem. SIEL’s Postgraduate and Early Professionals/Academics Network (PEPA/SIEL) is, among other things, interested in fostering collaboration and mentoring opportunities for emerging academics and professionals in International Economic Law (IEL). PEPA/SIEL fulfils these goals through various activities such as organising conferences at which emerging IEL academics and professionals can present and discuss their research in a supportive and welcoming environment.

Fourth African International Economic Law Network Biennial Conference Symposium: Introduction

In July 2019, the African International Economic Law Network (AfIELN), held its Fourth Biennial Conference under the theme “Africa and International Economic Law in the 21st Century” at the Strathmore University Law School (Nairobi, Kenya). This symposium contains some of the papers presented at this conference in their abridged forms. Before introducing the authors’ views on this Conference’s broader theme, we provide the important context under which the Conference took place.