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Anthea Roberts

UNCITRAL and ISDS Reforms: Hastening slowly

First published on EJIL: Talk! by Malcolm Langford and Anthea Roberts* UNCITRAL’s Working Group III on investor-state dispute settlement (ISDS) reform continues to attract substantial and growing interest. In the first week of April 2019, a record number of states and observers descended on New York to clarify the

UNCITRAL and ISDS Reforms: Moving to Reform Options … the Politics

First published on EJIL: Talk! In the last blog, I provided an update on the UNCITRAL process, including the consensus decision from Vienna last week to move forward to consider possible reforms of investor-state arbitration. This decision is very significant. But to get a sense of how this decision was

UNCITRAL and ISDS Reforms: Moving to Reform Options … the Process

First published on EJIL Talk! Last week has been described as a watershed moment for ISDS reform. During a meeting in Vienna, states decided by consensus on the desirability of developing reforms in UNCITRAL with respect to investor-state arbitration. States now have an opportunity to make proposals for a work

UNCITRAL and ISDS Reforms: Concerns about Costs, Transparency, Third Party Funding and Counterclaims

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we have

UNCITRAL and ISDS Reforms: Concerns about Arbitral Appointments, Incentives and Legitimacy

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we have

UNCITRAL and ISDS Reforms: Concerns about Consistency, Predictability and Correctness

As explained in a previous post, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions on states’ concerns about investor-state dispute settlement. To facilitate discussions about the desirability of reforms and their potential nature, we have

UNCITRAL and ISDS Reforms: What are States’ Concerns?

What are states’ concerns about investor-state dispute settlement (ISDS)? To help answer that question, we have put together four posts that compile the most relevant quotes from the first two meetings of the UNCITRAL Working Group sessions. To facilitate discussions about the desirability of reforms and their potential nature, we

Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration

Want to understand the UNCITRAL debates about ISDS reform? I’ve put the draft of my new AJIL essay on “Incremental, Systemic, and Paradigmatic Reform of Investor-State Arbitration” up on SSRN. This essay complements a great forthcoming AJIL article by Greg Shaffer & Sergio Puig on “Imperfect Alternatives: Institutional Choice

Is International Law International? Continuing the Conversation

[First posted on Opinio Juris and EJIL: Talk!] In the movie Shadowlands, the character C. S. Lewis says, “We read to know that we’re not alone.” For me, perhaps it is also true to say, “I write to know that I am not alone.” Implicit in Is International Law

Symposium contributions on Is International Law International? (OUP, 2017)

Symposium contributions on Is International Law International? (OUP, 2017) Posted on Opinio Juris * Paul Stephan(University of Virginia): “On Is International Law International? ‒ Where Next?” * Marko Milanovic(University of Nottingham): “Mobility and Freedom in the International Legal Academia: A Comment on Anthea Roberts’ Is International Law International?” * Julian Ku(Hofstra