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Shoehorning Substance into a Procedural Mandate? The Right to Regulate and UNCITRAL Working Group III
This post addresses Draft Provision 12, on ‘Right to Regulate’, in the recent ‘Draft Provisions on Procedural and Cross-Cutting Issues’ that were published by the…
UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow
Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…
UNCITRAL and ISDS Reform (Online): Crossing the Chasm
To text or not to text? That is the question. Or, rather, that was the question at UNCITRAL when Working Group III resumed its deliberations online last week.
UNCITRAL and ISDS Reform: Visualising a Flexible Framework
In UNCITRAL, states have broken through the impasse of the incrementalist and systemic reformer camps. They have all agreed that they want to pursue systemic reform,…
UNCITRAL and ISDS Reform: In Sickness and In Health
UNCITRAL Working Group III met in Vienna last week to continue its discussions about how to reform investor-state dispute settlement (ISDS). In April 2019, the Working Group agreed…
UNCITRAL and ISDS Reforms: Agenda-Widening and Paradigm-Shifting
On 17 July 2019, South Africa made its submission to UNCITRAL on investor–state dispute settlement (ISDS) reform in which it seeks a “paradigm-shift”…
The Right to Development and Archaic Dichotomies in UNCITRAL ISDS Reforms
Editor's Note: This is the concluding post in this week's series of several posts critically examining the UNCITRAL ISDS reform process, which held its latest Working Group…
Observations on Costs: A Response and Implications for UNCITRAL and ISDS Reforms
Editor's Note: This week, we will be featuring several posts critically examining the UNCITRAL ISDS reform process, which held its latest Working Group III meetings in New…
UNCITRAL and ISDS Reforms: Battles over Naming and Framing
Editor's Note: This week, we will be featuring several posts critically examining the UNCITRAL ISDS reform process, which held its latest Working Group III meetings in New…
UNCITRAL and ISDS Reforms: The Divided West and the Battle by and for the Rest
Editor's Note: This week, we will be featuring several posts critically examining the UNCITRAL ISDS reform process, which held its latest Working Group III meetings in New…
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