Judicial Interactions and Human Rights Contestations in Latin America

The Inter-American Court of Human Rights is one of the world's most active human rights tribunals. Through an impressive history of case law, the Court has exerted significant influence upon Latin American states. In recent years, however, states and domestic national courts have challenged the Inter-American Court's authority in more complex and potentially more damaging ways than in the past. By exploring how the Inter-American Court of Human Rights has expanded its reach upon states, and how states engage in turn, the Article examines ways of interaction that can enhance or debilitate the Court's authority and influence on states. The Article explores recent dissents as a potential mode of resistance, especially when coupled with states' unease towards international adjudication and suggests ways in which the Court may respond to such challenges in order to protect and enhance its authority.

Planned Early Dispute Resolution Systems and Elements: Experiences and the Promise of Technology

The COVID-19 outbreak has severely impacted global business communities. Experts predict a tsunami of disputes. In this unprecedented situation, rational, cost-effective and quick dispute resolution is no more an option but a need. This need may be met by Planned Early Dispute Resolution (PEDR) and technological tools. Although the uptake of both has been slow so far, the current crisis may act as a catalyst for their more extensive use. This article starts with an overview of PEDR by addressing its definition, models, elements and use, among other aspects. It then investigates actual experiences of companies with PEDR systems and elements and discusses the effect that the companies’ shift to PEDR has on law firms. The article concludes by exploring how PEDR systems can benefit from the use of technological tools and how the interaction between technology and dispute resolution can contribute to shaping the future of the legal profession.

Administrative Review Provisions in Chinese Investment Treaties: ‘Gilding the Lily’?

Despite the popularization of investor-state arbitration (ISA), administrative review remains a helpful local remedy for investment-state dispute settlement (ISDS) in some states. China has a complicated and comprehensive legal system of administrative review. It has concluded a large number of international investment agreements (IIAs), and nearly half of them contain an administrative review provision. These provisions could be considered as an expropriation review mechanism, a standalone ISDS option, an ISA supporting measure or a pre-ISA requirement. Given that administrative review has legal and practical limits, and that China’s national law on dispute settlement and foreign investment governance keeps changing, the attractiveness and significance of administrative review for ISDS are diminishing. In China’s recent IIA-making, there appears an emerging trend of abandoning administrative review. In the long run, it remains to be seen how China will balance local remedies and ISA in IIA-making and foreign investment governance in the future.