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Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes. [ABSTRACT FROM AUTHOR]

The normative structure of international investment law is highly asymmetrical. Generally, current IIAs grant investors significant substantive and procedural rights, while States and affected communities often lack equivalent safeguard. In recent years, scholars have critcised and identified many problems including human rights concerns ingrained in the international investment law framework. The States and other stakeholders also raised many concerns regarding international investment agreements and investor-State dispute settlement. Moreover, there's agreement on the need for comprehensive reform of IIL to make ISDS effective. Yet, issues with ISDS go beyond systemic flaws, also entrenched in substantive deficiencies in existing IIAs. Furthermore, the current legitimacy crisis provides a unique chance to amend the international IIAs comprehensively. However, the WGIII and ICSID reform initiative primarily focuses on procedural aspects of ISDS, avoiding substantive issues raised by various stakeholders. While procedural reforms are essential, resolving substantive issues is equally necessary. [ABSTRACT FROM AUTHOR]

Copyright of Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article reveals the formal-legal basis for the institutionalisation of international commercial arbitration. It is found that states are still far from a unified understanding of the basic scope of human rights, but they have a clear common vision of the mechanism for protecting the interests of international commerce. Against the background of the economic and innovative successes of the EU and other countries in the world that have made human rights a priority, it would appear that the source of modern transnational trade problems lies precisely in another group of states in which commercial interests dominate human rights. This second type of state nourishes its development at the expense of the innovations of the first type of state, its constructive and passionate representatives. Innovative solutions are formulated by the freest people, whose freedom is legally and organisationally guaranteed, which becomes a source of release for their creative, productive existential energy. Therefore, the contradictions between these two types of entrepreneurs of nations give rise to commercial disputes regarding the path of development, as well as legal conflicts within each of these types of nations regarding the vector of development or decline. Strategically, it is an ontology of modern problems of international commercial disputes. It is emphasised that the institutionalisation of international commercial arbitration is conceived as the creation of legal models for interpretation, determination of cause-effect relations, assessment of all essential circumstances of commercial relations, about which the parties of this type of social interaction have not reached an agreement and are forced to turn to mediators, to whom they entrust jurisdiction over the dispute between them. It was noted that the legal reality of the institutionalisation of international commercial arbitration reflects the path of human development, which at the present stage is marked by crisis. Logical, rational, clear law is in a permanent process of critical evaluation of the synergy of creative, risky, adventurous, pragmatic entrepreneurship. Ideal legal models absorb the constructive activity of entrepreneurship, foreseeing its long-term prospects as positive. At the same time, it is the task of lawyers to reject those types of economic relationships that threaten common humanity. In conclusion, the UN Commission on International Trade Law is the only global body designed to ensure the optimal course of correlation processes between private international law and transnational commercial activity. At the same time, however, this Commission suffers from all the consequences of the UN's dysfunction. This is particularly evident in the UN's inability to prevent wars, famines, environmental disasters, military crimes and other global crises. It is advisable for the states to create a separate organisation in which they can coordinate their legal standards of joint entrepreneurship in the extractive industries, production, trade, finance, as well as the global environmental, national economic and other consequences of commercial projects. This organisation would become a convenient platform for honest parity in the unification of the legal practice of transnational entrepreneurship and the settlement of its disputes, based on the legal customs and traditions of different nations. This would provide a significant impetus for the healthy creation and application of international private law, capable of determining the vector both of global progress and of appropriate transformations in domestic national economic policies.

Lebanon is grappling with significant deficiencies in financial transparency and a fragmented public procurement system, marked by substantial capacity and technology gaps. This has led to disorganisation and heightened corruption risks. The United Nations estimates that the annual cost of corruption in Lebanon at a staggering 10 billion United States Dollars (USD), attributing this cost to the misallocation of public funds, limited returns on investments, capital flight, and the reluctance of potential investors to pursue economic opportunities. This article appraises the policies and regulations introduced by the Lebanese public procurement Law 244/2021, a response to these challenges and the 2011 United Nations Commission on International Trade Law (UNCITRAL) Model Law.1 This article explores the ways in which Law 244/201 aims to fulfil Lebanon's international obligations in the fight against corruption, particularly by ensuring transparent financial management processes in public procurement. [ABSTRACT FROM AUTHOR]

In 2022, UNCITRAL Working Group IV was mandated to develop the Rules on data provision contracts as an answer to the needs of rapidly growing data market. It was expressly noted then, that the Working Group IV should be mindful of similar legislative initiatives. In October of 2023, the working version of the Rules was distributed. Among the other provisions, the Rules define a data provision contract as a contract under which one party provides data to other party. Given definition shows a great resemblance with the contracts on the supply of digital content regulated by Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. This paper analyzes and compares some of the key provisions of the aforementioned legal instruments. Special focus is attached to the scopes of application of both instruments and exclusions from their application, legal nature and general characteristics of both data provision contracts and contracts for the supply of digital content, obligations of the contractual parties. The main objective is to establish clear boundaries regarding the objects and scopes of application of both legal instruments in order to determine their potential overlaps. Finally, the paper investigates the reach and the meaning of personal data provision as a sui generis reimbursement in the context of both instruments. [ABSTRACT FROM AUTHOR]

This article examines the effectiveness of bid disputes management in Kenya's public procurement system. The study utilizes the Methodology for Assessing Procurement Systems (MAPS) to evaluate the mechanism. The findings suggest that while the overall system is efficient, there are areas that require improvement, such as resourcing, filing fees, and accessibility of information. The research contributes to the field of public procurement in Eastern Africa and offers policy recommendations for enhancing bid disputes management. The article emphasizes the importance of transparency, balanced decision-making, and adequate resources for the Public Procurement Regulatory Authority (PPRA). [Extracted from the article]

This paper delves into the intricate dynamics of international law and dispute resolution within the context of renewable energy development, focusing on Indonesia's downstreaming of nickel ores. As renewable energy initiatives gain prominence globally, the demand for essential minerals like nickel increases, prompting nations like Indonesia to explore downstreaming processes. However, this transition presents complex legal challenges, including international trade agreements, environmental regulations, and indigenous rights. Through a comprehensive review of relevant literature and case studies, this study analyzes Indonesia's approach to nickel ore downstreaming and its implications for international law and dispute resolution mechanisms. Additionally, it examines the role of international organizations, such as the World Trade Organization (WTO) and the United Nations Commission on International Trade Law (UNCITRAL), in resolving disputes arising from renewable energy projects. By synthesizing legal frameworks, environmental concerns, and socio-economic factors, this paper offers insights into navigating the legal complexities of renewable energy development, with a focus on Indonesia's nickel industry. Ultimately, the findings contribute to the discourse on sustainable resource management and the role of international law in facilitating equitable and environmentally responsible energy transitions.

This paper tackles the Draft Instrument on the Judicial Sale of Ships that is currently being prepared at UNCITRAL, focusing mainly on the conditions for the judicial sale of a ship conducted in one State Party to have effects in another Contracting State (including the definition of “clean title”, the notion of ship, and problematic aspects of the sale). The article considers particularly the background of the UNCITRAL Instrument and the conditions (scope of application) for the domestic judicial sale of ships to have international effect under the Convention, paying special attention to one of the most important requirements to issue a certificate of judicial sale (conferring clean title to the ship).

Following modern worldwide trend of transparency, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, which were incorporated in UNCITRAL Arbitration Rules. The Convention on Transparency (the Mauritius Convention) adopted later was an attempt to resolve the situation with treaties, which were concluded prior to April 1, 2014. As soon as few previous studies covered this issue, the research is aimed to assess the extent to which the Rules on Transparency are applicable and inevitable. By way of qualitative analysis of documents covering the transparency issue in investor-state treaties and arbitration was revealed that like the treaties concluded after April 1, 2014, which were automatically covered by the scope of application, the treaties made prior to that date were dropped out of the Rules on Transparency and the parties thereto have to express an explicit will to apply the Rules on Transparency. The Mauritius Convention designated to resolve this problem still requires a member state to join the Convention to make the Rules applicable to all treaties with such member state. On the other hand, both discussed documents provide the parties with options to avoid transparency in arbitration. Thus, despite increasing mandatory transparency in national legislations, the transparency of investor-state arbitration proceedings remains the matter of a good will of the parties. This study provides the foundation for stakeholders to conduct investor-state agreements as well as arbitration processes in line with transparency. The issue of transparency in investor-state agreements and arbitration processes in different countries can be illustrated in the following studies based on this study. [ABSTRACT FROM AUTHOR]

Mediation, as a completely voluntary and confidential form of Alternative Dispute Resolution (ADR), has today taken an important place in the resolution of disputes around the globe. It provides a neutral and confidential environment in which the parties can openly discuss their views on the underlying dispute. Enhanced communication can lead to resolution that will be satisfactory and acceptable to the parties involved. Mediation usually occurs early in the dispute, and much mediation is completed in one or two meetings. The parties having an equal say in the process and they, not the mediator, decide on the terms of the settlement and the eventual settlement. Therefore, there is no determination of guilt or innocence in the process. The parties may agree to use a set of mediation rules. Such rules usually determine the procedural framework of the mediation. Decades of work by the United Nations Commission on International Trade Law (UNCITRAL) has resulted in UNCITRAL providing states, mediation practitioners, parties to a dispute and mediators with a set of legal documents applicable to the mediation process. The analysis, synthesis, normativism and empiricism used in this paper provides an overview of UNCITRAL's commitment to the adoption of legal rules and the importance that these rules have in implementation, in the form of the convention, model law, rules, explanatory notes and recommendations. The results of the research provide evidence that this commitment is ongoing in order to respond to the changes and innovations that characterize today's disputes. [ABSTRACT FROM AUTHOR]

Jordan is currently going through difficult economic conditions whose features have begun to crystallize clearly since the outbreak of crises and wars in Syria and Iraq. In addition to that, the year 2020 brought with it the unknown to further complicate the Jordanian economic situation. In order to find a comprehensive solution, the Jordanian legislator used some international references, such as the principles of effective systems of creditors’ rights and insolvency issued by the World Bank and the Legislative Guide to the Insolvency Law issued by the United Nations Commission on International Trade Law (UNCITRAL) to rescue faltering economic projects or those that are about to stumble. The study resulted in the issuance of the Jordanian Insolvency Law No. 21 of 2018. This paper aims to identify the insolvency standard of the Jordanian courts and its impact on Jordan's economy. By applying a qualitative legal approach, this paper analyses the mock application of the Insolvency Law by the Jordanian courts. It also examines the insolvency standard followed by the Jordanian courts via juridical-normative with descriptive analysis. The finding shows that applying the insolvency law in Jordan is still a theory. Jordanian courts should cautiously extend the scope of insolvency theory for the law to achieve the purpose for which it was issued. Comparing the practice in Indonesia, which has switched from the insolvency test concept to the presumption of bankruptcy, this is a lesson because, in the conditions of the COVID-19 pandemic, companies will find it challenging to request reports due to uncertain situations. According to the financial aspect, large companies are still good, but companies are reluctant to pay debts. This condition means that if the system used is a bankruptcy test, this case cannot be brought to the Commercial Court, so the court cannot force debtors who are reluctant to pay their debt obligations.

The purpose of this paper is to point out the main goal of unification with regard to the international recognition of legal effects that arise upon the judicial sales of ships. The paper seeks to briefly outline the most significant provisions of the CMI draft of the International Convention on Foreign Judicial Sales of Ships and their Recognition, summarise the CMI’s efforts in trying to find an appropriate forum to serve as a vehicle to transform this draft into an international convention, and provide a summary of the drafting work carried out so far by UNCITRAL.

У цій статті досліджуються особливості правового регулювання обігу електронних торговельних документів в Україні та на міжнародному рівні (зокрема, у Сполученому Королівстві Великої Британії і Північної Ірландії (далі – Велика Британія). Оцінюється, якою мірою національне законодавство з відповідних питань підходить для передачі таких документів за допомогою електронних засобів, та визначаються аспекти, за якими воно не відповідає вимогам. Доводиться недостатність норм вітчизняного законодавства, яке регулює обіг торговельних документів (коносаментів, векселів тощо) та базових законів, які визначають основні організаційно-правові засади електронного документообігу та використання електронних документів (Закон України «Про електроні документи та електронний документообіг»), організаційно-правові засади діяльності у сфері електронної комерції в Україні (Закон України «Про електрону комерцію»), правові та організаційні засади надання електронних довірчих послуг («Закон України «Про довірчі послуги») для переходу на електронний документообіг торговельних документів. Зважаючи на це, а також враховуючи обов’язок країн G7+ щодо сприяння використанню та визнанню електронних передаваних записів (типових законів Комісія Організації об’єднаних націй з права міжнародної торгівлі (United Nations Commission on International Trade Law (UNCITRAL), зокрема в країнах, які розвиваються, та досвід Великої Британії обґрунтовується розробка та прийняття окремого закону «Про електроні торговельні документи» (з урахуванням норм вже існуючого національного законодавства і національних інтересів), який би містив чітке поняття торгівельних документів та їх класифікацію. Аргументується доцільність розробки та визнання на міжнародному рівні єдиних стандартів до передачі електронних торговельних документів (зокрема впровадження нових систем і інтеграцію їх із внутрішніми системами усіма перевізниками, митними органами та ін.), технологій завдяки яким забезпечуватиметься така передача, а також уніфікованих строків для їх запровадження. Доводиться, що значний потенціал для забезпечення обігу торговельних електронних документів мають технології розподіленого реєстру, зокрема блокчейн.

Foreign investment is governed by thousands of international investment agreements (IIAs), many of which include investor-state dispute settlement (ISDS) provisions. Member states have played a prominent role in the evolution and shape of this decentralized global investment regime. The EU itself has become an actor in this regime since gaining competence in this area in 2009. This article examines the manners by which investment policies of the EU and its member states have evolved over time and their implications for the EU's actorness. Using, first, the concept and metric of state regulatory space, we show that the EU is more enthusiastic than its member states about reforms, but that a lack of internal cohesiveness and a competitive external environment limit its actorness. Second, drawing on recent discussions on ISDS reforms, we highlight the increasing ability of the EU to speak up with one voice on global investment rules. [ABSTRACT FROM AUTHOR]

Copyright of Principia (2790-377X) is the property of Universidad Monteavila and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper tackles the Draft Instrument on the Judicial Sale of Ships that is currently being prepared at UNCITRAL, focusing mainly on the conditions for the judicial sale of a ship conducted in one State Party to have effects in another Contracting State (including the definition of “clean title”, the notion of ship, and problematic aspects of the sale). The article considers particularly the background of the UNCITRAL Instrument and the conditions (scope of application) for the domestic judicial sale of ships to have international effect under the Convention, paying special attention to one of the most important requirements to issue a certificate of judicial sale (conferring clean title to the ship). [ABSTRACT FROM AUTHOR]

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of International Trade & Arbitration Law / Uluslararasi Ticaret ve Tahkim Hukuku Dergisi is the property of Journal of International Trade & Arbitration Law / Uluslararasi Ticaret ve Tahkim Hukuku Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The international law order is the first in which we can observe the use of mediation as a legal institution. The mediation activity conducted by the United Nations is a model for contemporary legal entities. The entity is characterized by a multitude of normative regulations and undertaking informational and promotional actions in the field of mediation. The areas of action of the United Nations include interventions in political, international and domestic disputes, trade disputes, and internal disputes thus determine the UN’s promediation activities in three spheres of activity: 1) mediation activities under the direction of the UN Department of Political and Peacebuilding Affairs. It involves mediation with the UN Secretary-General as a mediator. The conduct of mediation is aimed at resolving international and domestic disputes; 2) activities of the United Nations Commission on International Trade Law (UNCITRAL), Working Group II: Arbitration and Conciliation / Dispute Resolution. It is the UN unit specialising in the use of mediation to settle trade disputes in a variety of entities; 3) the United Nations is an organization which employs tens of thousands of people of various nationalities, cultures and operating in different areas. This area is within the Ombudsman’s responsibility as part of mediation services. The entity deals with the internal environment of the organization, resolves disputes, including those through mediation between UN employees.

UNCITRAL (Birleşmiş Milletler Uluslararası Ticaret Hukuku Komisyonu) tarafından oluşturulan Elektronik Olarak Devredilebilir Kayıtlara İlişkin UNCITRAL Model Kanunu, ülkelerin iç hukuklarındaki düzenlemelere kaynak teşkil etmek, uluslararası alanda yeknesak kurallar oluşturmak ve devredilebilir belgelerin ve araçların elektronik biçimde kullanılmasını sağlamak amaçlarını taşımaktadır. Model Kanun, yasal olarak, konişmento, poliçe, bono, çek ve depo makbuzları da dahil olmak üzere devredilebilir belgelere ve araçlara işlevsel olarak eşdeğer olan elektronik olarak devredilebilir kayıtların kullanılmasını sağlamaktadır. Gelişen teknoloji beraberinde uluslararası alanda ve ülkemizde teknolojik yenilikleri getirmekte ve bu hızlı değişime uyum sağlayabilmek adına elektronik işlem ve belge kullanımının önemi artmaktadır. Devredilebilir belgelerin ve araçların yasal olarak elektronik biçimdeki görünümlerini belirlemek ve tarafların güven duyarak kullanabilmelerini sağlamak önemli bir husustur. Model Kanun, ülkemizde gerekli olan hukuki altyapı için oluşturulacak iç hukuk kurallarına yol gösterici konumundadır. Ayrıca bankacılık ve finans sektöründe önemli bir yer edinen Blockchain tabanlı Kripto paraların yasal olarak tanınma yolları ve sanal para kavramları için önem arz etmektedir.

The rigorous deliberations of the United Nations Commission on International Trade Law to create a global regulatory framework for Online Dispute Resolution have failed to generate a consensus. This paper analyses whether UNCITRAL's ambition to develop an inclusive ODR regulatory platform has considered the complexities of cutting across cultural boundaries and power (im)balances. The objective here is to challenge UNCITRAL's assumption that technology's a-territorial nature facilitates homogeneity in ODR. To this end, the paper examines the implications of globalisation and the evolution of diverse cultures on ODR and proposes that an alternative approach is needed to combine cosmopolitan and legal pluralism in developing a platform trusted by all disputing parties. The author argues that the focus of contemporary research should extend to consider commonalities across and between national, regional and global levels of governance when regulating for ODR. The paper's findings will inform policy makers and regulators, including UNCITRAL, when considering the role and interaction of various stakeholders when developing an ODR framework. The significance of this article lies in bringing out that the creation of a regulatory ODR framework needs to be more finely nuanced due to its nature as a normative and legal hybrid. [ABSTRACT FROM AUTHOR]

The article considers the current state of the issue on the existing legal regulation of e-commerce in Russia and abroad. In the article identified the features of law enforcement, legal gaps in the area of electronic commerce.

Introduction. In light of the ongoing UN discussions over the investor-state dispute settlement reform, this article offers readers an opportunity to develop an understanding of not only the current reform process, but also of the directions of reforms and the key positions advanced by various dogmatic camps. The author reviews and analyses the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns as presented by four delegations from Russia, the USA, Canada, and the European Union.Materials and methods. Сonsistent with the mandate’s call for the process to be fully transparent, the recordings of the sessions are made available online. The quotes from the first two meetings (34 th and 35 th ) of the UNCITRAL Working Group sessions, therefore, constitute the main resources for this article. There are occasional references to the comments made by international lawyers who received an Observer Delegate status in the Working Group III discussions. As for the methodology, the author opt to employ popular scientific research methods.Research results. As a result of the conducted research the author offers a comprehensive overview of the delegates' positions with respect to the reform as advanced by Russian and foreign delegates, and brings forward an argument about a direct line between those positions and a prevailing doctrine on the place of international investment law within international law.Discussion and conclusions. In this article the author underscores a critical distinction in the positions towards the public features of dispute settlement such as multilateralism and transparency. The article reveals the challenge in finding a proper definition for concrete steps of a reform (or reforms), and a framework for working process. Based on the available official positions of the states, and the UNCITRAL documents, the author reaches a conclusion about a long and controversial reform process. Yet the directions of reforms are becoming increasingly clear.

Investor-treaty dispute settlement is used by States and investors to resolve disagreements that investors may have with regard to their investment in the host state. Disputes are usually resolved through arbitration, and the process has all the trappings of general commercial arbitration. However, there have been calls for the system to be replaced by a permanent court structure. If a permanent court is the next step, this must mean that the current system has legitimacy issues which may be resolved by a permanent structure. This article explores three problems with the current system: inconsistent decisions, lack of appeals, and lack of transparency. These are serious issues which affect the legitimacy of the current system. The discussion focuses primarily on the International Centre for Settlement of Investment Disputes (ICSID) system as this is the most common choice, and some mention is made of the United Nations Commission on International Trade Law (UNCITRAL) system. Throughout the article, I analyse the problems associated with these and how a permanent court may address these legitimacy issues. My argument is that a permanent court can weed out inconsistent decisions, have a fair and real appeals structure, and be sufficiently transparent as to as to allow or facilitate interested groups to act as amicus curiae. The discussion makes reference to the draft Transatlantic Trade and Investment Partnership (TTIP) because, through this, the European Union (EU) has proposed a potential permanent court structure.

Traditionally, governance of technology is left primarily to nationstates. Emerging technology often challenges this governance approach, mainly when technology circulates across national boundaries. This paper explores the potential of model legislation to integrate the traditional approach to make technology governance more robust internationally. Model legislation comprises various strategies aimed at developing regulatory instruments that can form the basis of regulation at the national level. Using advances in technology to modify the human germline, the paper analyses transnational challenges governing this technology and argues that some of the lessons learned by studying how UNCITRAL, a United Nations body, develops model legislation can be successfully applied to the governance of human germline gene editing. The paper advocates for developing comprehensive model legislation and legislative guides around human gene editing, which lawmakers and regulators at the national level can use to model legal reform. [ABSTRACT FROM AUTHOR]

The practice of law has seen a boom in the use of technology, particularly in alternative dispute resolution (ADR). Owing to the characteristics of disputes catered to, ADR generally involves the use of technology as 'fourth participant' in the proceedings. Regardless of efficiency and cost effectiveness introduced by technology, until quite recently, parties and law practitioners showed preference for in-person court or ADR proceedings. Before Covid-19 pandemic disrupted the incumbent administrative and commercial activities around the world, virtual courts and virtual ADR proceedings were hardly in practice. Now, these encompass the truth of the practice of law. With the unforeseeable change in the demands of consumers of legal services, as well as, the manner in which justice is to be administered, there is an increasing need to find effective tools for the purpose. In this background, this article aims to discuss the feasibility of using artificial intelligence (AI) for arbitral decision-making. This article explores the current use-cases of AI to lay down the foundation for its use in arbitral decision-making. Further, the article discusses the suitability of an Arbitrator-Robot ("ArBot") for the process of arbitration. The article also discusses the limitations of AI based arbitral decision-making in light of its current models and use-cases, and further, plausible solutions to overcome these shortcomings. Finally, the article concludes that the use of AI in arbitral decision-making will cater to the changing expectations of the consumers of legal services. If access to justice can be provided in a demonstrably cost and time effective manner, the market can be expected to opt for such an alternative. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to point out the main goal of unification with regard to the international recognition of legal effects that arise upon the judicial sales of ships. The paper seeks to briefly outline the most significant provisions of the CMI draft of the International Convention on Foreign Judicial Sales of Ships and their Recognition, summarise the CMI’s efforts in trying to find an appropriate forum to serve as a vehicle to transform this draft into an international convention, and provide a summary of the drafting work carried out so far by UNCITRAL. [ABSTRACT FROM AUTHOR]

El Arbitraje Comercial Internacional es un área que cobra cada vez más importancia en las Relaciones Internacionales al convertirse en la piedra angular para solucionar las controversias entre los distintos operadores del comercio internacional debido a su practicidad, especialidad, celeridad e informalidad. Por esta razón, resulta imperante un análisis exhaustivo de los principales aspectos de las leyes nacionales sobre ACI aprobadas por la República Oriental del Uruguay y la República Federativa de Argentina. En estas páginas el lector encontrará un análisis detallado de los principales aspectos consagrado por las Leyes Nacionales de Arbitraje Comercial Internacional inspiradas en el proyecto de Ley Modelo de la UNCITRAL.

Some of the challenges in reforming the international investment framework have derived from investor-state disputes, where host states have been sued for environmental or health regulations. Clauses regarding investor-state dispute settlement mechanisms have been therefore improved in modern investment treaties. However, most developing countries, which tend to be most of the host countries to investments, still have Bilateral Investment Treaties from the 1990s where investor-state dispute settlement clauses remain unchanged. This paper analyses different strategies that host countries are taking in light of these challenges. These are particularly noteworthy in the South American region, where one can identify three different approaches concerning the international investment framework. Reflecting on these approaches, the paper addresses the relevance of the multilateral efforts to reform the framework as a way forward, and a more promising strategy, towards the aim of balancing the states and foreign investors’ interests.

A widely-recognized 'backlash against globalization' has taken many forms in recent years, particularly in the resurgence of nationalism and protectionism. Following the rise of a legitimacy crisis in the international regime for the protection of investments, the Trumpanian attack on the World Trade Organization (WTO) Appellate Body undermines a crucial function of this organization. In this context, the European Union has traditionally been seen as an advocate of the rule of law at an international level. Currently, it leads the way to maintain rules-based global economic governance by submitting detailed proposals to reform international trade and investment adjudication bodies and galvanizing broad support for them amongst other countries. Specifically, the European Union (EU) proposes the establishment of a multilateral investment court (MIC), which it considers to be the best option to address the concerns with the existing system of investor-State dispute resolution (ISDS). At the WTO, the EU has tabled two sets of proposals to answer concerns from the US and modify the relevant parts of the Dispute Settlement Understanding (DSU). After the collapse of the WTO Appellate Body, the EU led an initiative to create an interim appeal arbitration arrangement. This article argues that, in the absence of leadership by the US, the EU plays an essential role in maintaining trade and investment governance built on international law. This article identifies two different EU approaches in its attempt to (1) modernize an existing adjudication body at the WTO and (2) promote establishment of a new judicial institution for the resolution of investment disputes. In both ways, the EU acts as an innovator in terms of international governance. [ABSTRACT FROM AUTHOR]

The European Union is incorporating in its International Agreements on investments a new system of solution of investor-State controversies. This system of international investment tribunals is very different in its characteristics from traditional international arbitration. The CJEU in its opinion 1/17, of April 30, 2019, has confirmed its adequacy to European law. The European Union now wishes to adopt this system at the global level by creating a multilateral investment court and is defending this position within the work being carried out at UNCITRAL. [ABSTRACT FROM AUTHOR]

With the changing role of the State, from dirigiste to protectionist, private interest, which originally found its roots in private negotiations, today depends on legal protection, in order to assure honesty, transparency and competition. The thrusting boost that globalisation has received coupled with the introduction of the Make in India campaign, has opened gates for a multitude of novel and advanced forms of commercial relationships which require thorough expertise, flexible rules and expeditious reliefs. With over thousands of international commercial arbitrations taking place across the globe, India's chances of being the most sought after choice of seat depends largely on the nature of its laws. The State must ensure operation of laws that are more welcoming to international arbitrations while not compromising the authority of the sovereign institutions. This article aims to deal with the fairness, reasonableness and consequences of one such aspect of law dealing with disputes over intellectual property rights. This article also deconstructs the rationale behind the law and traces the extent of an Indian-seated Tribunal's competence. [ABSTRACT FROM AUTHOR]

Governments are mega-consumers of many manufactured products and services. As such they should in principle be able to influence workers’ rights abroad via the terms of purchase contracts. Yet to date little attention has been paid to the potential of public procurement to promote respect for labour rights globally besides the international trade law framework. Building on a limited emerging scholarship and policy developments, this article addresses this gap. Section 2 considers legal definitions of public procurement and distinguishes primary and secondary aims of procurement under key international and regional procurement regimes. This highlights that, although historically used to advance labour rights domestically, these regimes have restricted public buyers’ scope to advance labour rights beyond national borders. Section 3 explores new international policy frameworks on responsible global value chains and supply chains which by contrast appear to augur the greater use of public procurement to promote labour rights globally in future. Section 4 argues, supported by analysis of the limited examples available, that public buying has the potential to positively influence enjoyment of labour rights in practice. Concluding, Section 5 reflects on what the more specific impacts of public procurement in this context may be, and how public buying should complement other mechanisms for improving labour conditions across supply chains, such as social clauses in trade agreements. Finally, we outline issues for further research and the future policy agenda.

Understanding the "backlash" it is facing is a necessary condition for a successful reform of international investment law and arbitration. The article develops a typology of backlash in international investment law and arbitration, identifying three main tensions in the field: contractualism vs. unilateralism; economic rationality vs. political rationality; flat world view vs. diverse world view. The article claims that the reform discussion, including at the UNCITRAL level, should be informed by this backlash typology. Two main lessons may be learned, one at the methodological level and one at the substantive level: first, the reform discussion needs to be informed by the study of systems of domestic investment law and policy; second, the reform discussion needs to move beyond its Investor-State Dispute Settlement (ISDS) confines and also include reform of the substantive law and administrative procedures of States and of international treaties. [ABSTRACT FROM AUTHOR]

This overview illustrates that there is a gap in our knowledge of how domestic courts handle investor-State disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration. Subject matter-wise, these cases are very diverse and not all of them are initiated by investors against the host State. Moreover, in the four countries analysed, investors often appealed to the highest courts of the land, but they lost more cases than they won. These findings should help UNCITRAL Working Group III conceptualize the meaning of "investor-State dispute" and the relationship between domestic and international methods of ISDS. This overview concludes by inviting further empirical research to understand how domestic courts handle investor-State disputes. This in turn can help us develop normative arguments as to why domestic courts should be included in the reform process. [ABSTRACT FROM AUTHOR]