Public International Law Discussion Group (Part II)
Oxford University
54 episodes
9 months ago
What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, this talk will revisit three moments: the initial vision for a standalone arbitration convention (the ICSID Convention), European governments’ decisions to add consent to arbitration into their investment treaties, and America’s late embrace of investor-state arbitration. Revisiting these moments with internal documents suggests a need to rethink conventional narratives about who and what drove the development of investor-state arbitration.
Taylor St John is Lecturer in International Relations at the University of St Andrews. She researches the history and politics of investment law. Her monograph, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences, was published by Oxford University Press in 2018. She is currently researching ISDS reform processes, and co-authors the EJIL Talk! blogs on the UNCITRAL negotiations with Professor Anthea Roberts. She was previously Postdoctoral Research Fellow, PluriCourts, University of Oslo and before that, Fellow in International Political Economy, London School of Economics. She received a DPhil and MSc from the University of Oxford. Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales; http://creativecommons.org/licenses/by-nc-sa/2.0/uk/
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What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, this talk will revisit three moments: the initial vision for a standalone arbitration convention (the ICSID Convention), European governments’ decisions to add consent to arbitration into their investment treaties, and America’s late embrace of investor-state arbitration. Revisiting these moments with internal documents suggests a need to rethink conventional narratives about who and what drove the development of investor-state arbitration.
Taylor St John is Lecturer in International Relations at the University of St Andrews. She researches the history and politics of investment law. Her monograph, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences, was published by Oxford University Press in 2018. She is currently researching ISDS reform processes, and co-authors the EJIL Talk! blogs on the UNCITRAL negotiations with Professor Anthea Roberts. She was previously Postdoctoral Research Fellow, PluriCourts, University of Oslo and before that, Fellow in International Political Economy, London School of Economics. She received a DPhil and MSc from the University of Oxford. Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales; http://creativecommons.org/licenses/by-nc-sa/2.0/uk/
Advancing the Rule of Law as part of the International Landscape
Public International Law Discussion Group (Part II)
44 minutes
7 years ago
Advancing the Rule of Law as part of the International Landscape
The 21st century has seen significant progress and recent regression in terms of entrenchment of the rule of law. These developments have occurred not only in the domestic context but also within the international sphere. This presentation by Kimberly Prost will explore some of these ‘rule of law’ changes and challenges within the international legal order.
The establishment of the international tribunals and the International Criminal Court represents a landmark advancement in terms of international criminal law and international humanitarian law. It also has contributed to establishing a rule of law culture. The background which led to the creation of these bodies will be explored along with consideration of the fundamental concepts underpinning them and an examination of the current key challenges to maintaining and strengthening these institutions and international criminal justice more broadly.
There will also be a brief reflection on ‘law making’ by the Security Council and whether this constitutes an appropriate role for the Council in terms of progressing the rule of law. In particular resolutions 827 (1993) and 955 (1994) which established the ICTY and the ICTR, resolution 1373 (2001) related to measures to counter terrorism and resolutions 2178 (2014) and 2396 (2017) on Foreign Terrorist Fighters will be considered.
Finally the presentation will explore the role of the Ombudsperson for the Security Council Al-Qaida Sanctions Committee and consider its successes and failures in terms of enhancing the rule of law in Security Council practice.
Public International Law Discussion Group (Part II)
What explains the rise of investor-state arbitration? To the extent that investor-state arbitration had founding fathers, what were their motivations, what constraints did they have, what was their thinking? Using documents from the American, British, German, and Swiss archives, this talk will revisit three moments: the initial vision for a standalone arbitration convention (the ICSID Convention), European governments’ decisions to add consent to arbitration into their investment treaties, and America’s late embrace of investor-state arbitration. Revisiting these moments with internal documents suggests a need to rethink conventional narratives about who and what drove the development of investor-state arbitration.
Taylor St John is Lecturer in International Relations at the University of St Andrews. She researches the history and politics of investment law. Her monograph, The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences, was published by Oxford University Press in 2018. She is currently researching ISDS reform processes, and co-authors the EJIL Talk! blogs on the UNCITRAL negotiations with Professor Anthea Roberts. She was previously Postdoctoral Research Fellow, PluriCourts, University of Oslo and before that, Fellow in International Political Economy, London School of Economics. She received a DPhil and MSc from the University of Oxford. Creative Commons Attribution-Non-Commercial-Share Alike 2.0 UK: England & Wales; http://creativecommons.org/licenses/by-nc-sa/2.0/uk/
