This chapter describes the end of the cold war, the Washington Consensus that drove efforts to reform the institutions and economies of the states that previously had pursued autarkic economic policies, and the counternarratives that pushed back against the Washington Consensus

This chapter looks at immigration as a battlefield in the struggle over the future. It considers how international law can be reinterpreted to limit the rights of refugees and otherwise to constrain immigration, as well as the harms these changes likely would bring about.

This chapter examines some of the major protections contained in investment treaties: Fair and Equitable Treatment, Full Protection and Security and associated difficulties in interpretation. It also considers the now unpopular Umbrella clauses and increasingly common transparency provisions.

This chapter looks at the guarantees against expropriation found in most investment treaties. It discusses the expansive concept of indirect expropriation under which an investor retains title to its property yet loses much of its practical value. The chapter also considers the situations under which an expropriation of an investor’s property will be viewed as illegal.

This chapter looks at the current attacks on international economic law with respect to trade and investment. It considers the trajectory of these attacks and the consequences of a complete dismantling of this body of international law.

The preface explains the immediate context of the book and acknowledges those who contributed to the project.

Ths chapter looks at the economic and political dimensions of the downside of the knowledge economy. The knowledge economy both drives knowledge clusters and creaters hinterlands where those left behind by the changes in the economy dwell. Significant evidence shows the extent of grievance on the part of the left-behind, which manifests itself in nationalist populism and hostility to international law. Populists depict international law as a series of corrupt power grabs by an élite that is indifferent to the left-behind. The chapter concludes with a consideration of the possibility of Chinese hegemony substituting for international law as a way of organizing international cooperation.

This chapter looks at the wide topic of public interest as a justification for breaches of investment treaty protections. It considers non-economic matters such as environmental protection, human rights and culture as well as the concept of the right to regulate which has afforded states more policy space in their interactions with foreign investors.

This chapter traces the revolt against international law by domestic courts. The Luxembourg Court of the European Union and the Supreme Court of the United States began this trend, but many courts around the world have joined in. A growing number of top-level courts in EU member states have rebelled against the Luxembourg Court. Russia’s Constitutional Court has taken the movement as far as it can go by wielding constitutional law in new and surprising ways as a way to excuse Russian noncompliance with its international obligations.

The protection of marine environment assumes a special place under UNCLOS. Part XII provides for general obligations to protect and preserve the environment as well as more specific provisions concerning the prevention, reduction and control of marine pollution, including those relating to different sources of pollution. At the same time, Part XII is intended to provide a general framework for the protection of the marine environment. This framework nature is demonstrated not only by the existence of many generally-worded provisions and open-ended obligations which need to be further elaborated but also in the existence of numerous reference to external rules and standards, international organisations and regional arrangements. This chapter examines the contribution of UNCLOS tribunals to clarifying the scope and content of the general obligation to protect and preserve the marine environment before moving to discussing the extent to which UNCLOS tribunals have shed light on the normative content of three key environmental obligations and principles in the context of the marine environment.

This chapter provides a somewhat more optimistic view of the posssible outcome in the battle for the future. It argues that small but necessary revisions of international law led by a norm entrepreneur state can lead to greater international cooperation and more resilient international law. It looks at cartel policy, antibribery law, and financial institution regulation as instances of successful projects led by a single state that became widely supported. It describe how similar efforts might play out in diverse fields such as climate change and cyber security.