scholarly journals Litigating the Crisis: Towards a Rebalancing of the Rights of Investors Versus Public Interest?

2021 ◽  
pp. 83-89
Author(s):  
Morag Goodwin ◽  
Phillip Paiement
Keyword(s):  
Public Interest ◽  
Dispute Settlement ◽  
Negative Impact ◽  
Short Paper ◽  
Health Crisis ◽  
The Public ◽  
Global North ◽  
Private Corporations ◽  
Foreign Corporations ◽  
Private Investors

AbstractThis chapter reflects on the anticipated rush by private corporations to seek compensation from states for emergency measures taken to address the current health crisis. Where states have, for example, commandeered privately run health facilities, foreign corporations can claim for any negative impact on their current and future profits. This anticipated wave of state-investor litigation draws upon the web of bilateral investment treaties that span the globe and on Investor-State Dispute Settlement (ISDS) mechanisms. In place of a “new normal,” this short paper suggests that these threats represent an intensification of an existing trend, with the main difference being that states of the Global North are increasingly finding themselves disciplined by instruments that they created to protect their own companies abroad. If this happens, as seems likely, this crisis will add to the growing calls to rethink how we regulate the boundary between the public interest and private investors.

An Expert Ranked List of Pro-nature Conservation Behaviours for Public Use

2019 ◽  
Author(s):  
Lea Barbett ◽  
Edward Stupple ◽  
Michael Sweet ◽  
Miles Richardson
Keyword(s):  
Nature Conservation ◽  
General Population ◽  
Mass Extinction ◽  
Negative Impact ◽  
Ecological Impact ◽  
Human Action ◽  
Short Paper ◽  
The Public ◽  
The Uk ◽  
Ranked List

The planet is facing an anthropogenic mass extinction of wildlife, which will have a grave impact on the environment and humans. Widespread human action is needed to minimize the negative impact of humans on biodiversity and support the restoration of wildlife. In order to find effective ways to promote pro-nature conservation behaviours to the general population, there is a need to provide a list of behaviours which will have worthwhile ecological impact and are worth encouraging. In a novel collaboration between psychologists and ecologists, 70 experts from practical and academic conservation backgrounds were asked to review and rate 48 conservation related behaviours. According to their judgement, this short paper presents a ranked list of pro-nature conservation behaviours for the public in the UK and similar landscapes. This includes behaviours people can engage in in their homes, their gardens, on their land, and in their roles as citizens.

scholarly journals The Public Choice View at the “Deregulation” Movement: Analyzing the Experience of European Telecommunications

2019 ◽  
Vol 11 (1) ◽  
pp. 1-22
Author(s):  
Dimitrii Trubnikov
Keyword(s):  
Public Choice ◽  
Public Interest ◽  
Choice Theory ◽  
Current Trend ◽  
Telecommunications Industry ◽  
Global Scale ◽  
Open Market ◽  
The Real ◽  
The Public ◽  
Private Corporations

Purpose – The liberalization of European telecommunications has been expressed in highly concentrated markets with several major players at the pan-European level. Instead of fostering competitive marketplaces, the reform has created an oligopolistic landscape with powerful private corporations. This induces reasonable questions about the real objectives and the chosen ways of the reform. Methodology/approach/design – The deregulatory movement in the telecommunications sector is analyzed through contrasting perspectives of the public interest approach and public choice theory. Findings – The chance to change the landscape of the industry has been missed, and the current trend towards the global oligopolistic marketplace yields an unprecedented amount of economic power to narrow groups at the global scale. The liberalization movement introduced market mechanisms in the industry, but the real free and open market has never been formed, and it is possible to assert that it has never been among the real objectives and intentions of the policymakers. Originality/value – The recent surge of “liberalization” in the telecommunications industry speaks rather in favor of the hypothesis of vested private interests in the policy and that they have always been greatly covered by the sauce of public interest justifications. The case of telecommunications shows that ideas and understanding of economic phenomena played an important role in adoption of regulatory regimes, and it is apparent that people on the top of the social pyramid have opportunities to pick up and foster those ideas that better fit their private needs.

scholarly journals Must We Protect Foreign Investors?

2018 ◽  
Vol 5 (2) ◽  
pp. 205-225 ◽  
Author(s):  
Johannes Kniess
Keyword(s):  
Public Interest ◽  
Dispute Settlement ◽  
General Rule ◽  
Prima Facie ◽  
Moral Rights ◽  
Foreign Investors ◽  
The Public ◽  
Investment Protection ◽  
Socially Disadvantaged ◽  
Trade And Investment

Abstract Investment protection clauses, and the investor-state dispute settlement (ISDS) mechanisms they enable, have become a common feature of international agreements on trade and investment. Intended to promote foreign investment, these protections may also discourage governments from regulating in the public interest. This raises challenging normative questions about the rights of investors and distributive justice. In this paper, I argue that a global investment regime that disadvantages developing countries and socially disadvantaged groups is prima facie unfair. This conclusion must be defended against the claim that investors have certain independent moral rights to have their property protected, regardless of the distributive consequences. Granting the premise that such investor rights exist, I argue that these cannot plausibly ground a general rule against public interest regulation that undermines the value of property. I conclude that even if foreign investors have rights that must be safeguarded, the current investment regime must be reformed.

Processing of personal data relating to the health of the data subject in a pandemic situation

Glimpse ◽  
2021 ◽  
Vol 22 (1) ◽  
pp. 95-99
Author(s):  
Juan Francisco Rodriguez Ayuso ◽  
Keyword(s):  
Public Interest ◽  
Data Protection ◽  
Personal Data ◽  
The State ◽  
Community Level ◽  
Interested Party ◽  
Health Crisis ◽  
The Public ◽  
Vital Interest ◽  
Data Subject

This study offers a systematic, exhaustive and updated investigation of the declaration of the state of alarm and the processing of personal data relating to the health of citizens affected and/or potentially affected by the exceptional situation resulting from COVID-19. Specifically, it analyses the distinction between the state of alarm and the states of exception and siege and the possible effect on the fundamental right to the protection of personal data in exceptional health crisis situations and the effects that this declaration may have on the applicable regulations, issued, at a Community level. Next, and taking into consideration all the general and sectorial regulations applicable to data protection and health, we proceed to the analysis of the legitimate bases and the exceptions that, applicable to situations of health emergency such as the present one, enable the processing, taking into account the nature of the person who intervenes as the controller, making special emphasis on the public interest pursued by the Public Administrations and on the vital interest of the interested party.

scholarly journals PENYELESAIAN SENGKETA PENGADAAN TANAH GUNA PEMBANGUNAN BANDAR UDARA INTERNASIONAL BERBASIS NILAI KEADILAN SOSIAL

NOTARIUS ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 83
Author(s):  
Mia Permata Sari ◽  
Suteki Suteki
Keyword(s):  
Social Justice ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Public Interest ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Land Acquisition ◽  
The Rule Of Law ◽  
The Public ◽  
Land Dispute

In resolving land acquisition disputes for the public interest, it is fitting for the state to pay attention to values outside of the rule of law itself, including the value of social justice and the value of benefits to guarantee the basic rights of affected communities. This study aims to find out what factors cause the settlement of land acquisition disputes in terms of juridical aspects not reflecting the value of justice and benefit for the parties and formulating land acquisition dispute resolution models in a legal socio perspective that can realize the value of social justice and benefits for party. an appropriate method is needed that can accommodate the value of social justice and the benefits in resolving the dispute, among others, promoting the Consensus Meeting and the Need for Alternative Dispute Resolution (ADR) as an alternative solution. In addition, the need to calculate non-physical losses in the assessment of compensation for people who have lost their livelihoods due to land acquisition projects Keywords: Land Acquisition, Land Dispute Settlement, Public Interest AbstrakDalam penyelesaian sengketa pengadaan tanah untuk kepentingan umum sudah sepatutnya negara memperhatikan nilai-nilai diluar daripada aturan hukum itu sendiri, diantaranya nilai keadilan sosial dan nilai kemanfaatan untuk menjamin hak-hak dasar masyarakat terdampak. Penelitian ini bertujuan untuk  untuk mengetahui faktor apa saja yang menyebabkan penyelesaian sengketa pengadaan tanah tersebut ditinjau dari aspek yuridis belum mencerminkan nilai keadilan dan kemanfaatan bagi para pihak sertaa merumuskan model penyelesaian sengketa pengadaan tanah dalam perspektif socio legal yang dapat mewujudkan nilai keadilan sosial dan kemanfaatan bagi para pihak. dibutuhkan suatu metode yang tepat yang dapat mengakomodasi nilai keadilan sosial dan kemanfaatan dalam penyelesaian sengketa tersebut diantaranya mengedepankan Musyawarah Mufakat dan Perlunya Alternative Dispute Resolution (ADR) sebagai solusi alternatif.. Selain itu, perlunya memperhitungkan kerugian non fisik dalam penilaian ganti rugi sehingga, terdapat solusi bagi masyarakat yang kehilangan mata pencaharianya akibat proyek pengadaan tanah Kata Kunci : Pengadaan Tanah, Penyelesaian Sengketa Tanah , Kepentingan Umum 

Pernicious Manipulation of Performance Measures in China's Cadre Evaluation System

2015 ◽  
Vol 223 ◽  
pp. 618-637 ◽  
Author(s):  
Jie Gao
Keyword(s):  
Performance Measures ◽  
Measurement System ◽  
Public Interest ◽  
Evaluation System ◽  
Negative Impact ◽  
Reform Era ◽  
The Public ◽  
Local Officials

AbstractThe implementation of China's reform era target-based cadre evaluation system has instigated various types of gaming behaviour on the part of local officials. How do these gaming strategies differ from each other? Why do local officials sacrifice the public interest for target fulfilment in some cases but not in others? This article argues that gaming is not monolithic and should not be treated as such. It develops a typology that distinguishes between pernicious and benign gaming, and looks into the symptoms and motives of pernicious gaming in particular. It finds that the distinct design of the measurement system – the combination of result-oriented targets imposed from above and high-powered incentives for target fulfilment – induces pernicious gaming. In addition, the system's implementation practically compels local officials to misrepresent their performance, even though they are aware of the negative impact of such behaviour on the public interest. This study shows that to understand the strategies, motivations and implications of gaming better, a more nuanced approach is needed.

scholarly journals Contemporary Public Policy Issues in Industrial Relations

2005 ◽  
Vol 24 (1) ◽  
pp. 19-32
Author(s):  
Noël A. Hall
Keyword(s):  
Public Policy ◽  
Collective Bargaining ◽  
Public Interest ◽  
Dispute Settlement ◽  
Political Power ◽  
Industrial Relations ◽  
Present System ◽  
Policy Issues ◽  
The Public ◽  
The Impact

The present system of collective bargaining is more an exercise in the use of coercive economic and political power by labour and management than a process of rational, logical argument and existing conciliation procedures have proven inadequate in reflecting the public interest in dispute settlement. What then is the impact of B.C. Bill 33 ?

Building national initiatives of compulsory licences

2015 ◽  
Vol 14 (1) ◽  
pp. 23-48 ◽  
Author(s):  
Thaddeus Manu
Keyword(s):  
Developing Countries ◽  
Public Interest ◽  
Dispute Settlement ◽  
World Trade Organisation ◽  
Patent Law ◽  
Content Type ◽  
Compulsory Licensing ◽  
The Public ◽  
National Initiatives ◽  
Bayer Corporation

Purpose – The purpose of this paper is to examine the extent to which developing countries could build national initiatives of compulsory licences. Design/methodology/approach – The focus of this article is only on developing countries. The author reflects on the Indian patent jurisprudence regarding the operational relationship between the general principles applicable to working of patented inventions locally and the grant of compulsory licences. The discussion that follows is based on a review of the case: Bayer Corporation versus Natco Pharma with a view to presenting a model for developing countries to maintain that the public interest principle of patent law is well-founded in their domestic patent regimes. Findings – The analysis confirms that failure to work locally continues to be abusive of the patent right under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, and remains a valid condition on which to grant a compulsory licence. Thus, this reverses the often-contrary misconception that has become almost a unanimous assumption that failure to work basis for granting compulsory licensing would violate Article 27(1) of TRIPS and its enforcement provisions on patent. Originality/value – The author argues that as no member state has challenged the legality of Indian’s decision in the World Trade Organisation, under the dispute settlement understanding (DSU) system is more supportive of the contention that failure to work locally continues to be permissible under TRIPS and remains valid conditions on which member states can grant compulsory licences. This further adds weight to the understanding that nothing in the light of TRIPS would, in fact, preclude any possibility of developing countries amending their patent laws accordingly to maintain that the public interest principle underlining patent law is well-founded in their domestic patent regimes.

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