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New article: ‘Making Trade Policy Great Again: What Policymakers Should Learn from Trump’s Election’

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My latest article, titled ‘Making Trade Policy Great Again: What Policymakers Should Learn from Trump’s Election’, has just been published in the Asian Journal of WTO & International Health Law and Policy 12(2), 2017, pp. 265-288.

Here is the abstract:

Donald Trump’s election as President of the United States (hereinafter “U.S.”) of America offers a cautionary tale about how trade policy depends on the continuous support of citizens and politicians. Trade liberalisation advocates should ask themselves whether traditional policies are so detached from the reality of citizens’ quotidian concerns that they can be easily instrumentalised for electoral gain. There is a disconnect between international trade policies and domestic concerns, with many citizens seeing themselves as the losers of the international trade game. Pro-trade politicians and policymakers should acknowledge that trade policy benefits countries as a whole but makes some citizens richer and others poorer. Revitalising consensus on trade policy among political circles and the community at large requires looking back, underlining the good things that trade liberalisation has achieved; but also looking forward, devising new ways of making trade policies more inclusive and equitative for everyone.

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Asia-Pacific Dispute Resolution Summit 2017

Dispute Resolution Summit

This Thursday I will be taking part in the Asia-Pacific Dispute Resolution Summit 2017, to be held at Grand Hyatt, in Hong Kong. I will be joining the panel on ‘Regional Developments in Investment Treaty Arbitration’. You can read the agenda here.

International Conference ‘The Duties, Rights and Powers of International Arbitrators’

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An exciting first panel at the international conference ‘The Duties, Rights and Powers of International Arbitrators’, hosted by the American University Washington College of Law, in Washington, DC. More great presentations to follow.

Hold on to Your Hat! Issue Conflicts in the TTIP Proposal for an Investment Court

Duties Rights and Powers

I am truly honoured to have the opportunity to join a stellar line-up of speakers at the international conference ‘The Duties, Rights and Powers of International Arbitrators’, to be hosted this coming Tuesday by the American University Washington College of Law, in Washington, DC (United States of America). My paper is titled ‘Hold on to Your Hat! Issue Conflicts in the TTIP Proposal for an Investment Court’. The conference programme can be found here.

New article: ‘Myopic Amici? The Participation of Non-disputing Parties in ICSID Arbitration’

Myopic

My latest article, titled ‘Myopic Amici? The Participation of Non-disputing Parties in ICSID Arbitration’, has been published in the North Carolina Journal of International Law 42(3), 2017, pp. 791-822. The article is available here.

Here is the abstract:

The involvement of amici curiae in investment arbitration is becoming increasingly common in disputes that raise public policy considerations. Amicus curiae is a useful tool to promote the transparency, accountability, and openness of the arbitration system, but also to help tribunals in rendering better awards. The 2006 amendments to the ICSID rules facilitated the participation of civil society in the proceedings but did not go far enough in ensuring a full application of the public participation principle. A review of the ICSID jurisprudence shows that the extension of participatory rights of amici curiae beyond the presentation of written submissions has been timid. The efficiency of amicus participation without access to arbitral documents and hearings is doubtful. The ICSID Arbitration Rules should be reformed in line with recent developments so as to endow non-disputing parties with the necessary tools to perform their function properly.