Volume 64 2023

International Investment Law  Online

Meeting the Looming Deadline for the Corporate Reorganization of Sino-Foreign Joint Ventures Under China’s 2020 Foreign Investment Law

In the wake of the landmark Foreign Investment Law of 2020, all Sino-foreign joint ventures formed under China’s prior foreign investment legal regime must reorganize and register in compliance with the requirements of the Company Law by December 31, 2024…

DANIEL C.K. CHOW

International Banking Online

Surviving the Stampede: Market-Based Resolutions vis-à-vis Overregulation

This essay examines the contrasting resolution mechanisms for banking failures in the United States and Switzerland by analyzing the cases of Silicon Valley Bank, Credit Suisse, Signature Bank, and First Republic Bank…

BEPI PEZZULLI

International Tax Online

Ending the Vicious Cycle: Understanding “Pillar Two” and the Uncertain Progress Towards a Harmonized Global Minimum Tax

In recent years, the international community has acted with unprecedented cooperation to rationalize, reform, and empower the international tax regime. Paramount among these reforms is broad international agreement on…

BRENDAN BARGMANN

International Conflict and War Online

Frameworks for Accountability: How Domestic Tort Law Can Inform the Development of International Law of State Responsibility in Armed Conflicts

The development of international law of state responsibility in warfare thus far has either implicitly relied on tort law and theory as a means of comprehending elements of liability, or explicitly suggested that reparations in international…

HAIM ABRAHAM

Democracy Online

The Future of Democracy and the Rule of Law

Headlines warning about the crisis of declining or failing democracy are a constant drumbeat in the news media. This is not all contrived. Democracy has been in decline around the world for at least the past decade. Through my work in the international rule of law arena…

THE HONORABLE M. MARGARET MCKEOWN

International Investment Law Online

Transformative Constitutionalism and International Investment Law

International investment law faces five core legitimacy challenges: the state-dependency challenge, the human and constitutional rights challenge, the equality challenge, the standard of protection challenge, and the investor state dispute settlement system…

CARLOS BERNAL