Testing the Jurisdictional Limits of the International Investment Regime: The Blocking of Social Media and Internet Censorship

摘要

Social media's power to organize and speak is undeniable. During the protests in Cairo, one activist powerfully tweeted: "We use Facebook to schedule the protests, Twitter to coordinate, and YouTube to tell the world[.]"191 When we look back at the Arab Spring and its consequences, perhaps we will be able to add that Facebook, Google, Twitter, and YouTube used the power of investment law to defend the right to protest, coordinate, and tell the world. Bringing claims on behalf of social media and other internet platforms will be filled with procedural and substantive pitfalls. But, based on current trends in international investment arbitration, it is highly likely that such platforms will meet the jurisdictional challenges that will ultimately be raised by those states blocking access to social media and the internet at large.