This chapter investigates the role of science and technology as a function of the history of the World War II effort to transform national security resource and acquisition under Vannevar Bush at MIT, its effects upon American society as President Eisenhower warned the nation in 1961, and the later forces of globalization, the knowledge economy and accelerating emerging and disruptive science and technology as applied to war and terror today. Important is our understanding of our application of a specific logic to war and terror after 9/11; forward deployment of American military power overseas and homeland security (defense of the homeland) for the purpose of understanding the rapid evolution of technological capability in achieving outcomes. Furthermore, we will look more specifically at emerging science and technology as a particular area of technological innovation that stems from research and development phenomena that is tasked to provide outsize national security, specifically counterterrorism deliverables for the United States.

The aim of this chapter is to provide a global estimate of how many people die as a result of organized violence. To address this question organized violence has to be defined, and the forthcoming discussion highlights that it is difficult to distinguish terrorism from armed conflicts. A recently developed automated protocol (MELTT) identifies events that are listed in terrorism as well as armed conflict data sets. Using this information, I provide two estimates of the burden of terrorism: (1) an estimate of terrorism victims outside of armed conflict and (2) an aggregated estimate of the victims of terrorism and armed conflict. These estimates suggest that the number of people killed in terrorist events outside of armed conflict is about fifteen percent of the total number of victims due to terrorism and armed conflicts.

This Chapter proposes a coherent approach to the review of security exceptions under international trade and investment agreements by international adjudicators. The contribution of this Chapter is two-fold. First, it examines whether the clarification of the scope of the existing security exception clauses and their coherent application by international adjudicators under both regimes could help restrain the securitization of states’ trade and investment policies. Secondly, and conversely, it aims to draw some conclusions about the extent to which existing security exception clauses provide sufficient policy space for WTO members to protect their national interests.

This Chapter examines the diversity of practice in drafting security exceptions under the international economic agreements entered into by the US, the EU, and BRICS. The first part discusses trade agreements, and the second part examines investment treaties. The Chapter compares the texts of the security exceptions used by the US, the EU, and BRICS, identifies to what extent the texts of the analysed agreements differ from the WTO agreements, and examines how such differences affect the approaches of the US, the EU, and BRICS to the application of security exceptions and their interpretation by international and domestic adjudicative bodies. Ultimately, it concludes whether and why different WTO members have different approaches to drafting security exceptions under WTO Agreements and in their regional and bilateral trade and investment agreements.

This chapter examines the intersection of blockchain technology and international investment law, offering an analysis that moves beyond the traditional focus on blockchain’s financial aspects. It explores how blockchain’s decentralization is poised to impact the principles and practices of international investment law. As blockchain technology matures, it becomes essential to assess its implications for the rules governing cross-border investments. A comparative analysis of blockchain’s treatment across jurisdictions provides insights into global legal trends and jurisdiction-specific approaches. The chapter also contemplates ideal normative approaches for adapting to blockchain’s advancements. It underscores that integrating blockchain technology into legal structures can lead to a more transparent, efficient, and inclusive global economic system. This chapter contributes to the broader theme of the book by proposing that international investment law should anticipate and respond to the challenges posed by emerging technologies, preserving and enhancing legal principles.

The chapter provides a selective survey of studies on terrorism. In particular, we emphasize theoretical and empirical studies where the rationality of terrorists, their allies, and their adversaries are essential. With data on terrorist attacks during 1970–2018, we indicate the evolving nature of terrorism in terms of the distribution of attacks by alternative terrorist groups’ ideologies, the casualties of terrorist attacks, and the regional distribution of terrorist incidents. Based on key studies, we evaluate differences between domestic and transnational terrorism, the effectiveness of counterterror measures, the economic impact of terrorism, and the drivers of terrorism. Next, we highlight areas of deficient knowledge: e.g., governments’ actions to address terrorism, governments’ expenditures on counterterrorism, and practices of international cooperation. Finally, we indicate omissions to our knowledge including the melding of micro- and macro-level studies, the collection of counterterror event data, and the impact of immigration on transnational terrorism.

This chapter surveys existing work on the connection between religion and terrorism and proposes an alternative theory, the religious utility hypothesis, in which terrorist organizations piggyback on the utility of religion as a source of meaning and belonging. By tying the duty to perform violent acts to an individual’s faith and community, terrorist organizations can (1) elicit costlier sacrifices (e.g. suicide bombing), even when these actions run counter to the actor’s moral convictions, (2) motivate a small group of extreme types to radicalize a larger community, and (3) use moderate religious organizations, which are shielded from monitoring, infiltration and closure due to their value to the community, for recruitment and incubation of more extreme groups.

Security forces around the world use offensive counterterrorism tactics against specific terrorist targets. These actions are initiated by security forces against specific terrorist targets and are launched in the areas where terrorists inhabit and operate. Government policies to deter terrorism and disrupt the operations of terror organizations can be effective but may also have a boomerang effect. That is, harsh measures of counterterrorism may backfire by fostering hatred and attempts to exact revenge. This chapter surveys and evaluates the use and effectiveness of offensive counterterrorism tactics, focusing on the actions of the Israeli security forces.

International investment law faces a paradigm shift with the rise of the digital economy. Emerging technologies such as blockchain, artificial intelligence, and the platform economy redefine investment dynamics while challenging traditional regulatory frameworks. Digitalisation expands cross-border investment opportunities in areas like AI, genomics, and smart infrastructure, while also complicating traditional jurisdictional and territorial considerations. The shift from physical to digital assets necessitates a re-evaluation of the classic definitions of an ‘investor’ and ‘investment’. Meanwhile, states increasingly regulate strategic digital assets under national security concerns, introducing measures ranging from data localization mandates to investment screening mechanisms. These changes raise geopolitical and geoeconomic tensions and highlight disparities in digital governance models between major powers. Investor-state dispute settlement (ISDS) may have to adapt to address disputes over digital assets and data, as well as leverage AI and other digital technologies for efficiency while safeguarding due process. This chapter, along with the broader volume, examines these themes, emphasising balanced frameworks that promote innovation while safeguarding public interests in the evolving digital economy.

Terrorism’s history teaches important lessons about the causes and consequences of asymmetric warfare between standing armies and paramilitary insurgents. This chapter supplies a series of snapshots of the long sweep of terrorist activity, running from the turn of the twentieth century’s “Golden Age of Assassination” to 9/11 and beyond. Terrorists, whether “lone wolves” or members of militant groups, differ sharply in their motivations, their tactics and the goals they pursue – indeed, some leftist groups have not articulated any purpose beyond “wrecking the system” – but economic models of rational human action help identify some commonalities and, what is most important, supply ways of seeking answers to history’s open questions.

The second chapter analyzes the government pension question and the role of adjusting benefits as an important part of the answer. It charts constitutional constraints to public pension reform under state and U.S. Contract Clauses from unprotected gratuities to protected contracts, highlighting the concept of contract as an essential ingredient to constitutional protection. It cautions, however, that the contract element is in flux given the deluge of decisions challenging benefit reductions and emphasizes key challenges to examining contractual obstacles to public pension reform.

Corruption remains a pervasive global challenge, undermining trust, governance, and economic stability. Despite increased regulation, arbitral tribunals have struggled to address corruption effectively, often due to the high evidentiary threshold and associated procedural complexities. Artificial intelligence presents an opportunity to enhance efficiency and accuracy in detecting corruption by analysing evidence supplied by the parties to a dispute or amici curiae for red flags of illicit activities, similarly to other fields like anti-money laundering. The chapter examines the procedural implications of using artificial intelligence in arbitration, including data acquisition, party consent, and the potential impact on due process. It underscores the need for arbitrators to collaborate with parties to design protocols that ensure fairness, transparency, and accountability. By carefully addressing these challenges, artificial intelligence has the potential to become a transformative tool, balancing innovation with procedural integrity.

This article examines sovereign States’ three approaches to data security: data storage, data disclosure, and the ban on data-based applications. It investigates whether these three approaches comply with the principles of international investment law. It also analyses possible defenses for State parties to adopt its approaches by taking examples: the Indian government banning the operation of China-based Applications, and the forced but failed sale of TikTok under governmental pressure from the United States. Importantly, this article reflects whether the international investment legal regime can appropriately address the issue of data security. Reflecting the combined nature of data, it proposes an alternative approach—a holistic approach—to data security.

Arbitration has had a long history in the United Kingdom and the United States. For many centuries, it has been widely used for the settlement of a variety of disputes between states, state entities and private parties and between private parties inter se. In England, the integration of equity and common law proceeded gradually until the beginning of the fifteenth century, when it slowed down and came to a halt. Thereafter, law and equity flowed in separate channels; and for many hundred years, much of the ethical content of English law consisted of principles of equity developed and applied in a separate court. Equity was used to correct the inadequacies and precedent-bound decisions of the common law in jurisdictions including the United States. But the situations in which and principles upon which relief was granted became in the course of time so well defined that equity developed into a technical branch of the law like what it was intended to correct. Reliance on equity to bring about a balance between legal rights and the interests of those persons who would be seriously harmed by their strict enforcement became less frequent, with the result that equitable principles as to what was fair and just were far less widely used in Anglo-American law than in any of the other great legal systems in the world. The simultaneous existence of two systems of substantive law in modern times is a phenomenon peculiar to common law countries. In two competing systems in the same body of law, the concept of ‘equity’ came to be regarded as an act of grace; it could not be demanded as of right.