Law Commons^™

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

Unpacking The International Law On Cybersecurity Due Diligence: Lessons From The Public And Private Sectors, Scott J. Shackelford

Scott Shackelford

Although there has been a relative abundance of work done on exploring the contours of the law of cyber war, far less attention has been paid to defining a law of cyber peace applicable below the armed attack threshold. Among the most important unanswered questions is what exactly nations’ due diligence obligations are to one another and to their respective private sectors. The International Court of Justice (“ICJ”) has not yet explicitly considered this topic, though it has ruled in the Corfu Channel case that one country’s territory should not be “used for acts that unlawfully harm other States.” But …

Sovereign Policy Flexibility For Social Protection: Managing Regulatory Risk In International Investment Agreements, Dr. Diane A. Desierto

Dr. Diane A Desierto

This Article focuses on the design of regulatory risk in international investment agreements (IIAs), and its counterpart treatment in investment arbitral practices. It demonstrates that the uneven conception and treatment of regulatory risk in investment arbitrations stands to threaten the basic premise of regulatory predictability in IIA design. IIAs do not intend to entrench static or hermetically sealed regulatory frameworks, but rather, are designed to enable States Parties to the IIA as well as investors (as third-party beneficiaries of the IIA), to mutually, fairly, and transparently predict and estimate the economic returns and risks of investment. Thus, while the substantive …