The Comparative Jurist

By Ignacio Zabala Alonso

The Court of Justice of the European Union (CJEU) has set the invalidity of intra-EU arbitration agreements, and the possibility of enforcing those intra-EU awards in the European Union. However, the enforceability of intra-EU awards outside the EU – for example, in the United States – is not clear. In order to understand the CJEU’s logic used to invalidate the intra-EU arbitration awards, we need to learn about the CJEU’s relevant decisions in this matter. […]

By Regina Waugh, IFES Senior Global Gender Advisor With Contributors Linda “Ellie” Halfacre, Alexandra Brown, Patrick Quimby

For true democracy to exist, all citizens must have equal access to elections.[1] The International Convention on Civil and Political Rights (ICCPR), to which 173 countries are States Parties, makes clear that this includes equal access for women and men.[2] The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) explicitly promotes women’s political […]

By Louise D. Williams

In March 2020, no sooner had COVID-19 lockdowns begun sweeping the globe than the breadth of the world’s “digital divide” came into full view. The pandemic forced students, workers, and businesses worldwide to carve digital pathways toward business-as-usual-as-possible. They did so, respectively, by transitioning to online learning, endeavoring to work remotely (job-permitting), and increasing their investments in digital services and e-commerce[. . .]

By Peggy Cooper Davis

I was honored in September of 2020 to join an august group of speakers convened by Professor Christine Warren, the brilliant and prolific director of William and Mary’s Center for Comparative Legal Studies and Post-Conflict Peacebuilding. Professor Warren had called us together at a time of urgent national soul-searching that was triggered by official and sometimes deadly violence against Black and Brown people and against demonstrators supporting the idea that Black lives matter. We came together to understand transitional justice more fully and to assess its applicability in the United States. [. . .]

By Nancy Rosen, Cameron Krause, and Jenik Radon

With the Brexit withdrawal agreement concluded, the United States has an opportunity to finish what it started with the United Kingdom and create a strong free trade agreement—but questions abound. First, is it really an opportunity? Specifically, should it be a focus of US efforts? And should it be a priority before a free trade agreement is entered into with the EU, a much larger, and therefore more important trade partner of the US? [. . .]

By Allison Lofgren and Jenik Radon

Seven years after talks between the European Union and China commenced, a surprise eleventh-hour investment agreement was struck on December 30, 2020, despite requests from the incoming administration of President Biden to wait. This deal, the EU-China Comprehensive Agreement on Investment (CAI), is intended to replace the bilateral investment treaties that the majority of EU member states currently have with China, effectively unifying and standardizing them. [. . .]

By Rachel Sleiman and Jenik Radon

With the new administration of President Biden, the United States will have no alternative but to re-assess its relationships with the world. To be frank, the United States has unfortunately lost credibility and stature during the last four years. And re-envisioning, and even reinventing, the Obama initiated Trans-Pacific Partnership (TPP) would be a good start. While former President Trump withdrew from the original TPP, its potential rejuvenation, welcomed by Australia and Japan, calls for a fresh perspective. [. . .]

By Michalis Polygiannis and Jenik Radon.

The monumental European Union–Mercosur free trade agreement was announced in 2019 after twenty years, literally a generation, of negotiations. This trade agreement will create the largest free-trade zone in the world, cut tariffs, and simplify the customs procedures between the EU states and the Mercosur countries of Argentina, Brazil, Paraguay, Venezuela, and Uruguay. For the EU, this means more exports of high-value products like machinery, automobiles, and pharmaceuticals. In contrast, for the Mercosur countries, it would mean more exports in commodity agricultural products, including meat, poultry and sugar for which quantity is the name of the game, to the European single market,. However, despite the almost endless ongoing global discussions and negotiations for a transition to a low-carbon economy to mitigate climate change, trade and environment are like two ships passing in the night. But President Macron of France is ready to change that and is willing to have a “collision” of these two spheres. [. . .]