scholarly journals China’s Stance on Investor-State Dispute Settlement: Evolution, Challenges, and Reform Options

2020 ◽  
Vol 67 (3) ◽  
pp. 503-551
Author(s):  
Yuwen Li ◽  
Cheng Bian
Keyword(s):  
Dispute Settlement ◽  
Fourth Generation ◽  
Policy And Practice ◽  
Traditional Role ◽  
Three Generations ◽  
Belt And Road ◽  
The Eu ◽  
Settlement Evolution

AbstractChina is one of the most active states in concluding bilateral investment treaties (BITs) globally. Its BITs can be categorized into three generations based on the homogeneity of the investor-state dispute settlement (ISDS) provisions within each generation. The China–EU Comprehensive Agreement on Investment and the China–US BIT under negotiation are expected to inaugurate a fourth generation, although China’s stance on ISDS in both treaties remains indeterminate. This article elaborates on the distinctive characteristics of ISDS provisions by mapping three generations of Chinese BITs, presenting the challenges that these ISDS provisions have brought to light in investor-state adjudication as well as in the context of the Belt and Road Initiative, and expounding on China’s policy options in ISDS reform. The on-going intense debate on ISDS reform presents China with an opportunity to shift from its traditional role of a rule-taker to a rule-maker in redesigning the ISDS mechanism. However, China’s current policy and practice do not demonstrate an ambition for such a transformation. Looking forward, it may well be in China’s long-term interest to endorse a Multilateral Investment Court as vigorously advocated by the EU.

scholarly journals Circular Agreements—Exploring the Role of Agreements and Deals as a Political Tool for a Circular Economy

2021 ◽  
Author(s):  
Nils Johansson
Keyword(s):  
Value Chain ◽  
Circular Economy ◽  
Policy Instruments ◽  
Alternative Form ◽  
Advantages And Disadvantages ◽  
Free Rider Problem ◽  
Political Governance ◽  
The Eu

AbstractA problem for a circular economy, embedded in its policies, tools, technologies and models, is that it is driven by the interests and needs of producers, rather than customers and users. This opinion paper focuses on an alternative form of governance—agreements, which thanks to their bargaining approach brings actors from across the value chain into the policy process. The purpose of this opinion paper is to uncover and analyse the potential of such agreements for a circular economy. Circular agreements aim at increasing the circulation of materials and are an emerging form of political governance within the EU. These agreements have different names, involve different actors and govern in different ways. However, circular agreements seem to work when other types of regulations fail to establish circulation. These agreements bring actors together and offer a platform for negotiating how advantages and disadvantages can be redistributed between actors in a way that is more suitable for a circular economy. However, circular agreements are dependent on other policy instruments to work and can generate a free-rider problem with uninvolved actors. The agreements may also become too detailed and long term, which leads to problem shifting and lock-ins, respectively.

scholarly journals Cooperation and Security: Examining the Political Discourse on Natural Gas Transit in Ukraine and Slovakia

Energies ◽  
2020 ◽  
Vol 13 (22) ◽  
pp. 5969
Author(s):  
Kateryna Yakovenko ◽  
Matúš Mišík
Keyword(s):  
Natural Gas ◽  
Energy Security ◽  
Political Discourse ◽  
Fossil Fuel ◽  
The Political ◽  
Nord Stream ◽  
Under Construction ◽  
The Eu

The COVID-19 pandemic appeared in the midst of developing the European Green Deal, the most ambitious project to decarbonise the EU’s economy to date. Among other issues, the project highlighted the challenges connected to the long-term role of natural gas as a fossil fuel in the European economy. Moreover, the changes to the gas architecture caused by the development of new import infrastructure (especially Nord Stream and its extension, which is currently under construction) put additional pressure on the transit countries, mainly of which are linked to the Brotherhood pipeline. These have been strong supporters of natural gas utilisation and harsh critics of new pipelines that circumvent their territories, as they consider energy transit to be an important part of their energy sectors. This research examines the political discourse on gas transit in Slovakia and Ukraine in order to identify the main arguments connected to these positions. The paper examines a total of 233 textual units from both countries for the period 2014–2018. It concludes that, while Ukraine sees transit predominantly through the lens of cooperation with the EU and other actors, the Slovak political discourse considers gas transit in terms of energy security and the availability of gas for the national economy.

Unemployment as a threat to society – an analysis of the situation in Poland and selected countries of the European Union

2016 ◽  
Vol 8 (1) ◽  
pp. 265-282
Author(s):  
Tomasz Łachacz ◽  
Sylwester Zagulski
Keyword(s):  
European Union ◽  
Sex Education ◽  
The State ◽  
The European Union ◽  
Role Of The State ◽  
And Migration ◽  
The Unemployed ◽  
The Eu

Unemployment is classified today as one of the main threats to society. The phenomenon affects the lives of individuals, the functioning of families and society and development of the state. It is often the source of other social problems such as poverty, violence, or social pathologies. The article presents the scale and nature of unemployment occurring after 1989 in Poland and in selected European Union countries, i.e. the Netherlands, Spain, Slovakia and Latvia. It attempts to show the characteristic trends of the phenomenon over a period of more than two decades. Examples from the European countries analysed show that the situation in the labour market and the approach to employment are radically different. Individual countries are characterised by very different unemployment rates, which reflect their different size, economic and demographic potential, or are associated with the tradition of employment. The existence of differences seems to be normal, but their scale may give rise to concern. A characteristic feature of unemployment in the period analysed is its regional diversity, both in Poland and in the whole of the European community. Important factors that determine the level of unemployment are age, sex, education and people’s qualifications. The effects of long-term unemployment are very painful for the whole of society. Such a situation can lead to, amongst others, poverty, societal antagonism, violence and migration. The latter is an issue that the whole of Europe is currently struggling with. The uncontrolled influx of immigrants, including those migrating for economic reasons, causes fear of losing their job among Europeans, which in turn translates into the radicalisation of society. A role of the state and the EU institutions is to create an effective mechanism for the protection and support of the unemployed. This is a prerequisite for Europeans to continue the project which is a common united Europe.

scholarly journals Dispute settlement under the United Nations Convention On the Law of the Sea and Its Role in Oceans Governance

2021 ◽  
Author(s):  
◽  
Anshuman Chakraborty
Keyword(s):  
United Nations ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Traditional Role ◽  
Actual Role ◽  
The Future ◽  
United Nations Convention ◽  
The Law ◽  
Dispute Settlement Mechanisms

<p>This thesis is about the dispute settlement provisions of the 1982 United Nations Convention on the Law of the Sea (LOSC or Convention), and the potential and actual role that they play in oceans governance. The study focuses not only on the traditional role of dispute settlement mechanisms in peacefully settling disputes, but also on their potential for contribution to good oceans governance in many ways. The jurisprudence generated so far under the dispute settlement provisions of the LOSC can be called neither a complete success nor a total failure. Part XV of the Convention, dealing with dispute settlement procedures, has made a promising start with the inaugural jurisprudence under the prompt release and provisional measures proceedings. However, besides the general beneficial influence of the jurisprudence on oceans governance, a few detrimental developments have also been identified from the perspective of oceans governance. The present thesis demonstrates that a lot of hope had been pinned on the dispute settlement provisions at the time when the LOSC was drafted. However, most of these hopes have not yet found expression, and if the limited use of dispute settlement procedures continues, it is unlikely that Part XV will fulfil those hopes in the future. Nevertheless, this thesis argues along more optimistic lines, and expresses a realistic hope that the actual role of dispute settlement in oceans governance will improve in the future. The thesis concludes that the success or failure of the dispute settlement mechanisms mostly depends upon their actual use made by states. Further, the dispute settlement mechanisms once invoked must be able to settle disputes objectively on the basis of law, equity and justice and uphold the principles and provisions of the LOSC. It is hoped that states will have recourse to Part XV more often for the purpose of settling their disputes peacefully, and that the dispute settlement provisions will in turn fulfil their mandate. Only then will the world witness the dispute settlement mechanisms playing a real and beneficial role in oceans governance, concurrently with other oceans governance institutions and arrangements.</p>

scholarly journals How realistic is the China–Pakistan–Iran economic corridor?

2021 ◽  
pp. 205789112110414
Author(s):  
Daniel Rajmil ◽  
Lucía Morales ◽  
Bernadette Andreosso-O’Callaghan
Keyword(s):  
Comparative Study ◽  
Political Influence ◽  
Economic Power ◽  
Careful Attention ◽  
Belt And Road Initiative ◽  
Power Development ◽  
Strategic Approach ◽  
Belt And Road

The economic and political influence of China in the Asian region is growing amidst global geopolitical challenges. Economic corridors such as the new Silk Road have been identified as enablers of strategic growth and geo-economic power development in a context of significant political instability. Beijing's strategic approach and the importance of Pakistan and Iran to its aspiration to realise China's dream through its Belt and Road Initiative (BRI) are examined in this comparative study. The rising role of China in the region and its engagement with Iran and Pakistan and the part that these two countries can play need careful attention. Political and economic joint interests have brought together these three countries with significant links to China's economic corridor and energy projections. But the future of the partnership is very fragile as it is characterised by historical hostilities between Iran and Pakistan that can act as a major impendiment to China's ability to progress. In addition, economic and trade figures show an unbalanced relationship that clearly favours Chinese interests. The BRI and the Chinese plans for those territories still remain blurry as any long-term crisis that characterises fragile and complex international alliances.

scholarly journals CORONAVIRUS CRISIS AND EU ANTITRUST – JUST TEMPORARY ADAPTATIONS OR LONG-TERM CHANGES?

2020 ◽  
Author(s):  
Václav Šmejkal ◽  
Keyword(s):  
Dominant Role ◽  
Management Communication ◽  
Medical Products ◽  
Eu Member States ◽  
Online Platforms ◽  
Long Term Changes ◽  
Competition Rules ◽  
The Eu

The European Commission and the competition authorities of the EU member states responded to the coronavirus crisis with assurances about sufficient flexibility of their instruments. They enabled temporary cooperation between competitors to ensure the supply of essential medical products and services. At the same time, they warned against any misuse of the crisis for overpricing or other monopolistic practices. However, the crisis has also intensified long-term pressures for a fundamental adaptation of European competition rules. The first challenge is represented by Chinese state-backed enterprises as potential acquirers of weakened European competitors. The second source of pressure is the increasingly dominant role of global online platforms. Their role as an irreplaceable infrastructure for management, communication, counselling and distance learning was reinforced in the coronavirus crisis. The Commission and other experts are already discussing appropriate responses. This paper maps the discussion on possible EU responses to these challenges, and tries to show the strengths and weaknesses of the proposed solutions and on this basis to estimate the future development of EU antitrust in the post-coronavirus period.

scholarly journals Agri-environmental management and rural development: Hungary after EU accession

2007 ◽  
Vol 1 (1) ◽  
pp. 35-40
Author(s):  
Judit Katonáné Kovács
Keyword(s):  
Rural Development ◽  
Interdisciplinary Approach ◽  
Developed Countries ◽  
Research Area ◽  
Social Functions ◽  
Sustainable Rural Development ◽  
Environmental Measures ◽  
The Eu

In Hungary, similarly to developed countries, the share of agriculture in the GDP has declined. Even so, preparation of the sector’s long term strategy is crucial, as the role of agriculture exceeds the results represented in the GDP. Environmental and social functions of agriculture are revaluated in developed countries, and consumers at the end of the food chain actually govern the entire process. This is why information plays an increasingly important role, and gives signals (Verbeke, 2005) to the actors in the economy and society. This research area is diverse (including agricultural policy, environmental policy, rural development and sustainable development), and so I applied an interdisciplinary approach and conducted an integrated examination. The results show that in recent decades, the pressure of agriculture on the environment has been lower in Hungary than in the EU-15 and agri-environmental measures have taken hold in all types of land-use systems, even though they are more important in protected areas. Although this development provides a good basis for a long term strategy social capital has lost strength (Csath, 2002), so fostering the creation of internal and external rural networks – one instrument for this could be the Leader programme – is essential for sustainable rural development.

The European Union and Law of the Sea Convention at the Age of 30

2012 ◽  
Vol 27 (4) ◽  
pp. 711-721 ◽  
Author(s):  
Ronán Long
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Working Party ◽  
Law Of The Sea ◽  
The European Union ◽  
Eu Policy ◽  
The Law ◽  
The Eu

Abstract Several factors that have contributed to the success of the Law of the Sea Convention as a blueprint for the regulation of oceanic activities in the European Union (EU) are outlined, including the comprehensive nature of the Convention, the role of the Working Party on the Law of the Sea (COMAR) in coordinating EU policy, as well as the EU approach to dispute settlement and to global oceanic affairs.

scholarly journals The Impact of the 2014-16 Global Commodity Price Declines on Sub-Saharan African Financial Economy

2017 ◽  
Vol 9 (6) ◽  
pp. 162
Author(s):  
Ashford C. Chea
Keyword(s):  
Financial Sector ◽  
Commodity Price ◽  
Real Economy ◽  
Traditional Role ◽  
Growth Prospects ◽  
Sub Saharan ◽  
Financial Economy ◽  
The Impact

The aim of the article has been to ascertain the impact of the global commodity price declines on SSA’s financial economy. Analysis showed that the global commodity price deterioration impacted SSA financial systems in many areas including increased borrowing costs, financial sector strains, and tighter private sector funding conditions. The article analyzes the traditional role of the financial sector in channeling capital to support the real economy in SSA. Also discussed are the linkages of the price shock on the continent’s financial economy. Finally, the paper outlined the outlook and growth prospects for SSA financial sector stability and long-term development.

scholarly journals The Belt and Road turns five

2019 ◽  
Vol 5 (2) ◽  
pp. 136-153 ◽  
Author(s):  
Michael Baltensperger ◽  
Uri Dadush
Keyword(s):  
Development Strategy ◽  
Due Diligence ◽  
Vast Number ◽  
Apparent Lack ◽  
The World ◽  
Trading Partners ◽  
Belt And Road ◽  
Infrastructure Investments

China’s Belt and Road Initiative (BRI) is an international trade and development strategy. Launched in 2013, it is one of the ways that China asserts its role in world affairs and captures the opportunities of globalization. The BRI has the potential to enhance development prospects across the world and in China, but that potential might not be realized because the BRI’s objectives are too broad and ill-defined, and its execution is too often non-transparent, lacking in due diligence and uncoordinated. This article documents the background and context of the BRI, recounts what is known about the extent of the initiative and specifies its various motivations. It highlights that the initiative meets very large infrastructure investments gaps, which is welcome and needed, and that China’s goal of forging stronger links with its trading partners around the world are legitimate, so long, of course, as the underlying intent remains peaceful. Though many observers welcome the BRI, many others oppose it for good reasons, while others misunderstand it and oppose it for bad reasons. The paper identifies and discusses concerns about the initiative that relate to its geopolitical objectives, its priorities, its geographic scope, the role of state-owned enterprises, the allocation of resources, issues of transparency and of due diligence. Particularly, it shows that this initiative deals with a vast number of countries that are in very different states of development and that an apparent lack of well-defined priorities is holding the initiative back. The paper also highlights the issue of debt overload which is distressing several BRI countries and discourages further projects. It points briefly to possible improvements that China and the other stakeholders in the BRI can make to get the most out of their investments. The BRI, to be effective, needs to meet the basic conditions of a trade and development strategy, which are clear objectives, adequate resources, selectivity, a workable implementation plan, due diligence and clear communication. Involvement of multilateral lenders could help with this. Finally, China has to improve the evaluation of project’s risks and costs and step up its due diligence approach to demonstrate that it respects the long-term interests of those countries that are at the receiving end of its BRI projects.

Sign in / Sign up

Export Citation Format

Share Document