As climate change vulnerability challenges in Latin America become more urgent, the enforcement of environmental, social, and governance (ESG) obligations—particularly those related to climate adaptation—is an emerging issue in arbitration in investor-State dispute settlement (ISDS). This article explores how arbitral tribunals are addressing ESG-related claims involving climate adaptation obligations in Latin America, assessing the extent…
23 Apr 2026
States increasingly shape digital platform governance not only through public-law rules, but through contractual and infrastructural arrangements that condition market access and operational control. This Article examines how China, the United Arab Emirates, and the United States embed sovereign authority in platform governance through distinct forms of contractual intervention. In China, licensing restrictions require foreign…
18 Apr 2026
Third-State Position Amidst Russian Aggression Against Ukraine (JSDA Conference 2025)
On February 24, 2022, President Vladimir Putin of the Russian Federation announced what he referred to as a “special military operation” against Ukraine. Although the Russian Federation claims that its intervention is consistent with international law, the vast majority of the international community has condemned this action as a blatant violation of the prohibition on…
25 Mar 2026
Third Countries’ Reactions to the EU CBAM: a Law & Economics Approach (JSDA Conference 2025)
The Carbon Border Adjustment Mechanism (CBAM) is a measure of the European Union (EU)aimed at imposing its carbon price on foreign producers of certain carbon-intensive products,with the final goal of addressing the risk of carbon leakage and contributing to the objectives of the Paris Agreement. However, it has been widely perceived by third countries as…
25 Mar 2026
A longstanding dispute in comparative law concerns convergence and divergence among different legal systems. The proponents of convergence note that legal systems confront functionally similar problems, which require them to adopt similar solutions. The advocates of divergence counter that legal systems rest on distinct principles, which have an enduring infuence that resists assimilation to a…
15 Feb 2026
This Article examines the legal and constitutional implications of a signifcant yet underexplored development in U.S. foreign relations: the emergence of algorithmic foreign policy, where artifcial intelligence (AI) systems are increasingly infuencing or autonomously generating decisions traditionally reserved for human policymakers. From autonomous weapons systems to AI-enhanced surveillance pacts and predictive diplomacy tools, executive agreements…
13 Feb 2026
Hardening Soft International Law of Corporate Responsibility in Domestic Courts: A Tort Law Approach
Soft international law is in every corner, in particular those upon multinational corporations (MNCs). How to harden soft international law on MNCs is a continuing issue yet with unsatisfed solutions. Previously, scholars have proposed to create legally binding treaty or deploy soft international law in international arbitral decisions. However, those approaches cannot suffciently harden soft…
13 Feb 2026
Ensuring The Effectiveness of Treaties in Africa – Case Studies of South Africa And Nigeria
African countries have continued to witness a surge in international commercial transactions with other parts of the world. Although China has taken the center stage in Africa, the expansion of international dealings compels reflections on how to promote international trade. One such method is the use of treaties. In many African countries, treaties often do…
21 Oct 2025
Justifying Trade Sanctions: Exceptions and Defenses Under WTO Law
This Article explores the defenses available to States for justifying unilateral economic sanctions that appear prima facie inconsistent with World Trade Organization (WTO) rules. It focuses on two key types of sanctions: those imposed in the context of armed conficts and those aimed at inducing compliance with non-WTO international obligations. This Article frst examines whether…
6 Sep 2025
Dismantling the Due Process Dichotomy in Crimmigration Cases
The U.S. Constitution entitles every person to due process. But nearly fifty years ago, the Supreme Court distinguished the due process entitlement of noncitizens from that of citizens. This Article takes a novel approach to due process for noncitizens in certain so-called “crimmigration” cases by further distinguishing the citizen-noncitizen dichotomy. The Article argues that, as…
6 Sep 2025