Abstract This article examines the growing trend in transnational litigation case law, where English courts retain jurisdiction over cases with only tenuous connections to England. This is done primarily on the basis that claimants would face a lack of access to justice in the alternative forum. I argue that this trend has three adverse implications. […]
Introduction Espionage is clandestine information-gathering by or on behalf of a state. It is usually distinguished from covert action, which aims not merely to collect information but to shape outcomes while obscuring the sponsor’s role.[1] Yet the law governing inter-state relations has never drawn a stable line between “tolerated” intelligence activity and informational intrusion that counts
From Secrets to Systems: Cyber Espionage as Epistemic Coercion in International Law Read More »
ABSTRACT The rapid deployment of artificial intelligence has intensified global debates on the regulation of high-risk algorithmic systems, particularly in contexts where statistical probabilities are translated into an uncertain and opaque set of surveillance practices. Among these applications, predictive policing stands out as a particularly contested use of artificial intelligence, raising questions about accountability, legal
Abstract Article V(1)(e) of the New York Convention appears to preserve a margin of discretion for courts of contracting states to refuse the enforcement of an arbitral award if it has been annulled at the court of the seat of arbitration. It does so, however, without further guidance as to when this discretion should be
In Doctrinal Limbo: Enforcing Annulled Arbitral Awards Under the New York Convention Read More »
Abstract This article aims to build a case in favour of the minority decision in the ICC’s Philippines judgment. The decision has been a source of contention amongst international law scholars, and various reasons have been provided for both a wide and restricted interpretation of Article 127 of the Rome Statute. This article aims to
Introduction In contentious maritime disputes, the International Court of Justice uses a ‘three-stage’ approach to delineate maritime boundaries. This comprises (a) the drawing of a provisional equidistance line; (b) a consideration of ‘relevant circumstances’ which call for the adjustment of this line to achieve an equitable result; and (c) the establishment of a disproportionality test
Abstract Despite heavy criticism, the ‘genuine link test’ for assessing the bindingness of a conferral of citizenship on third States, devised by the International Court of Justice in the 1955 case of Nottebohm, still influences the approaches to naturalisation worldwide. This article analyses the implications of the judgment in the age of unprecedented global mobility.
Reassessing Nottebohm in an Era of Global Mobility Read More »
Abstract: This article provides a case commentary on the European Court of Justice’s recent judgment in the joined cases of C-37/20 and C-601/20. In this ruling, the ECJ held that the 4th and 5th Anti-Money Laundering Directives, underpinning the implementation of beneficial ownership registers in the European Union Member States, are in breach of Articles
Introduction Environmental deterioration is omnipresent, its urgency only increasing by the day.1 The European Union has responded to this crisis by placing the goal of environmental preservation at the very heart of all its policies, as enshrined in Article 11 of the Treaty on the Functioning of the European Union. One such case is the Rome
In 2020, the United States Trade Representative released a report on the WTO Appellate Body in which it criticised the Appellate Body’s approach to the non-discrimination standard under GATT Article III:4. The WTO dispute settlement bodies employ a two-step market based test. In its current form, the two-step model allegedly fails to strike an appropriate
Two Steps Forward, Three Steps Back: GATT Article III:4 and proposals for reform Read More »
