Law
http://hdl.handle.net/10547/613716
2024-03-26T04:43:24ZThe role of artificial intelligence in international commercial arbitration in the post-Covid era
http://hdl.handle.net/10547/626116
The role of artificial intelligence in international commercial arbitration in the post-Covid era
Idrees, Muhammad Hassan; Onyefulu, Annabelle
The emergence of the global pandemic has recently propelled increased usage of artificial intelligenceHereinafter referred to as 'AI'. in our workplace. Technological advancement in the legal environment, mostly portrayed in the form of digitalization, blockchain and machine learning, among others, has significantly affected international arbitration - a critical procedural element underpinning digital trade. The application of these technologies may promote efficiency, cost and speed on the one hand, while on the other it may violate the current regulatory frameworks in international arbitration. This chapter, therefore, engages in analysing the future of international arbitration vis-à-vis the introduction of new technologies. In order to do this, this chapter aims at evaluating the possibility of replacing human arbitrators with AI arbitrators, the public policy requirements and the ethical issues that may arise therefrom.
2023-10-17T00:00:00ZDeveloping a climate-resilient investment protocol: lessons from the final draft protocol on investment to the agreement establishing the African Continental Free Trade Area
http://hdl.handle.net/10547/626078
Developing a climate-resilient investment protocol: lessons from the final draft protocol on investment to the agreement establishing the African Continental Free Trade Area
Ejims, Oke
This article explores the draft Protocol on Investment under the African Continental Free Trade Area (AFCFTA) agreement, with a view to examining the Protocol’s implications for climate change objectives in Africa. It explores how the Phase II Protocol on Investment under the AFCFTA could draw from the Paris Agreement. In particular, it suggests that the Protocol on Investment under the AFCFTA can incorporate arrangements to address state and direct investor rights and obligations in relation to climate change action. However, the article proposes that climate change objectives should be addressed in the Protocol in more detail.
The article also proposes a strong mechanism of liability and accountability of states and investors under the Investment Protocol, embracing liability for parent multinational corporations (MNCs) in their home states even when such liability is not the law of the investor’s home state.
2023-11-14T00:00:00ZInternational investment law and indigenous peoples: a methodology for the analysis of the rights of indigenous peoples
http://hdl.handle.net/10547/626072
International investment law and indigenous peoples: a methodology for the analysis of the rights of indigenous peoples
Ejims, Oke
This article will set out to highlight some of the important aspects of a methodology regarding the rights and interests of indigenous peoples in the context of analysing the rules of international investment law. The approach to the rights of indigenous peoples that will be adopted here is a legal positivist approach, although such an approach, it will be argued, is also based upon the standing and the importance of the rights and interests of indigenous peoples to lands and natural resources in international law. Of particular importance in the context of the rules of international investment law, it will be pointed out that a methodology for approaching the rights of indigenous peoples must be based on equal concern for the protection and promotion of the rights and interests of indigenous peoples to land and resources.
2023-01-02T00:00:00ZNon-party access to court documents and the open justice principle
http://hdl.handle.net/10547/626066
Non-party access to court documents and the open justice principle
Harvey, Ana Koprivica
On the 29th July 2019, the UK Supreme Court rendered a unanimous, eagerly awaited, judgement in the case of Cape Intermediate Holdings Ltd v Dring. Broadly speaking, the case concerned the scope and operation of the constitutional principle of open justice. More precisely, the questions before the Court were how much of the written material placed before a court in a civil action should be accessible to persons other than the parties to the proceedings, and how such access should be facilitated. The judgment is significant for at least two reasons. On the one hand, it provides an extensive analysis of the court’s power to allow third parties access to court documents under the constitutional principle of open justice. In so doing, the judgment revisits the contents of the open justice principle and its application in the context of modern, predominantly written-based, civil proceedings. On the other, the judgment provides certain guidance on the circumstances in which a third party may obtain access to court documents and, to some extent, clarifies the type of documents that may in principle be obtained. As a result, the judgment largely opens third party access to the court files that have been under the exclusive purview of the court and the parties.
2019-08-05T00:00:00Z