Oxford University Press's
Academic Insights for the Thinking World
What is set-off and how does it relate to commercial arbitration? We sat down with Pascal Pichonnaz, co-author of Set-Off in Arbitration and Commercial Transactions, to discuss the concept and talk about how this field of law is developing.
By Ben McFarlane
Lawyers have a lot of explaining to do. It’s the nature of their job, as their most important task is to communicate, clearly and concisely, the content of the law. It should therefore be no surprise to find that many of the most masterful users of language, from Cicero to Clinton, from Lincoln to Lenin, were lawyers.
By Antonio R. Parra
Among arbitral institutions, the International Centre for Settlement of Investment Disputes (ICSID) has long been a leader in promoting the transparency of its operation. Through its case registers, ICSID has always published information on the institution, conduct, and disposition of proceedings administered by the Centre.
By Gary Rosen
This February marks the 100th anniversary of the founding of ASCAP, the American Society of Composers, Authors & Publishers. Though little known outside the music industry today, its creation set in motion a series of events that still reverberates in the popular music of our time.
By Michael Ostrove, Claudia Salomon, and Bette Shifman
The choice of where an arbitration is venued, known as the seat or the place of arbitration, has important implications and should not be made lightly. The venue of an arbitration impacts the role of local courts in relation to the arbitration, the conduct of the arbitration, and ultimately the enforceability of the award.
By Amos N. Guiora
As has been repeatedly and thoroughly documented, Russian President Vladimir Putin is, for lack of a better word, a homophobe. Putin’s incessant drum beating targeting homosexuals and lesbians led President Obama, Chancellor Merkel, and President Hollande to publicly announce they will not attend next month’s Winter Olympics in Sochi.
How do we see poverty? Most people envision global poverty as dirty shacks, hungry children, a lack of schools, and rampant disease. But as Gary A. Haugen, founder and president of International Justice Mission, explains there is another phenomenon hidden beneath the surface. Rather than catastrophic forms of violence in civil war, unrest, or even genocide, insidious forms of violence in everyday life make the poor even more vulnerable.
By Edward Zelinsky
Confronting an important constitutional question about religion and taxation, the US District Court for the Western District of Wisconsin, in Freedom from Religion Foundation, Inc. v. Lew, held that Section 107(2) of the Internal Revenue Code violates the First Amendment.
By Catriona Drew
A decade after Iraq, the chemical weapons attacks against Syrian civilians in Eastern Damascus on 21 August 2013 sparked a political and public debate in the United Kingdom about the legality of military intervention. For international-law veterans of Kosovo and Iraq, the central question was familiar.
For billions around the world, poverty translates not only into a struggle for food, shelter, health, and education. No, poverty exposes them to a vast spectrum of human rights abuses on a daily basis. Safety and freedom from fear do not exist for those living in underdeveloped areas. Ill-equipped judicial systems, under-trained and corrupt law enforcement agencies, and despotic housing complexes are just a few of the challenges the impoverished face.
By Dr Christopher Kuner
On the occasion of international Data Protection Day on the 28th of January, I would like to explore how European data protection law can become more efficient and effective, and better tailored to the needs of individuals.
By Steve Sheppard
In a recent post on Volokh Conspiracy, George Washington University law professor Orin Kerr writes that we have passed the “Golden Age of Treatises.” Considering an obituary of a law professor who had written a law treatise, Securities Regulation, Kerr observed how its author, Louis Loss, had been seen as giving shape and direction to a whole field of law.
By Julia Hӧrnle
In the offline world the distribution of pornography has been strictly controlled. Age-verification and rating stems ensure that minors cannot access hardcore pornography. The British Board of Film Classification rates cinema and DVD content; content rated as R18 can only be shown in specialised cinemas with strict age-verification standards and certain pornographic content will not be rated for cinema or DVD distribution.
By Stuart Casey-Maslen
More than 9,500 people were killed in Mexico in 2012 as a result of armed violence, primarily as the result of conflict between the Sinaloa cartel, the Las Zetas gang, and the state. Tens of thousands of Mexican troops and police were involved in these conflicts, and more than 400 were killed during the year.
What is investor-state arbitration? And how does it impact upon people’s lives? Today, we present a Q&A with Gus Van Harten, author of Sovereign Choices and Sovereign Constraints, where he explains the fundamentals of investor-state arbitration and its place in international law.
By Viktoria Baklanova and Joseph Tanega
In the name of financial stability, institutional and product regulations since the 2008 financial crisis have forced banks and non-bank banks (the so-called “shadow banks”) to create insatiable compliance regimes. But the juggernaut does not stop here.