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7 Amsterdam L.F. 1 (2015)

handle is hein.journals/amslawf7 and id is 1 raw text is: 





                                                             AMSTERDAM
                                                             LAW FORUM
                                                             VU UNIVERSITY AM T RIMM

      Editorial

      The Tides of Change...

Xhanti Mhlambiso   - Editor-in-Chief

The  publication below is the culmination of months of hard work and tenacity through
arguably some  of the most trying times in the journal's young history. Despite this fact, I
have been  fortunate enough to have an amazing support infrastructure, both in terms of
the editorial staff and the institutional powers that be. As I am on the verge of handing
over the 'Chief baton' to my successor, I stand proud to present to you the Amsterdam
Law  Forum   Summer  edition for 2015. This edition marks the end of a long, arduous
journey  that has  seen  the journal  through  numerous   challenges, successes and
opportunities, all of which would have been insurmountable but for the dedicated team
that I was happy  to lead over the past year as we  continued to tackle issues in the
international law arena.

The  first scientific piece by Thulasidhass explores various interpretations of the most-
favoured-nation (MFN)  standard by arbitral tribunals in international investment law. The
author  begins by  canvassing  the problematic nature  and  relevance of 'treatment'
standards when it comes to dispute settlement arrangements, before delving into the pains
of an  expansive interpretative framework as developed by the arbitral tribunals. The
author argues, through  various means, that limitations ought to be imposed  on  the
interpretative discretion of the investment tribunals.

The  next offering is by Ricarda Roesch, who seeks to bring to the fore the problems
associated with French Interventionism and the prohibition on the use of force in its
former colonies. She avers that there is an acute discrepancy between the justifications
proffered by the French in relation to these former colonies, and the true nature of their
intentions (as could be seen in Mali and the Central African Republic). In this way, she
argues that the continuous extensions to Article 2(4) on the use of force serve protect and
legitimise Western interests. She thus calls for the reform of international law structures
such that they are more representative and inclusive of the global south.

Moreover,  Leif Rasmussen insightfully explores the complexities involved in negotiating
the proposed consolidation of economies in the form of both the Trans Pacific Partnership
and the Trans-Atlantic Trade and Investment Treaty. This negotiation is simultaneously
underpinned by  other considerations such as the rule of law, sovereignty and the pursuit
of justice. Of particular importance in this regard is the investor-state dispute settlement
regime in terms of its form and mechanics. Whilst the author acknowledges the mountain
to be climbed in terms of the homogenisation of the various states involve and a few other
technicalities to be ironed out, he is firmly of the view that the benefits derived from
cooperation and consolidation will far outweigh any immediate concerns.

Our  last scientific article is Dr Eva Manco's piece, which takes us back to the UN
Convention  on  the Rights  of the  Child, with a  specific emphasis  on Article 37
surrounding the deprivation of liberty of children. Couched in terms that serve to ensure
that the best interests of the child are protected, she highlights the fact that Article 37 in

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