Ensuring Correctness or Promoting Consistency? Tracking Policy Priorities in Investment Arbitration through Large-Scale Citation Analysis

2022 ◽  
pp. 230-255
Author(s):  
Wolfgang Alschner
2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Elmira Janavi ◽  
Maryam Emami

PurposeThe goal of this study was to investigate the co-citation of information security patents in the United States Patent and Trademark Office (USPTO) database.Design/methodology/approachThis research is a scientometrics study that has been conducted using the co-citation analysis. The statistical population of the present study includes all patents of information security filed in the USPTO database from 1971 to 2015. As a result of this search, 30,736 patents were retrieved. In this investigation, UCINET software and its complementary package (NetDraw) were employed to plot scientific maps.FindingsThe findings of this study indicated an upward trend of patents in the field of information security between 1971 and 2015. The “California State” has the top world rank in information security inventions, followed by “Japan” and the “Washington State.” “VAN WIE, DAVID M” is the most cited inventor in the field of information security. The analysis of inventors' co-citation data indicated that “ADAMS, NEIL- LITTLE” and “HERBERT ANTHONY” had the highest co-citation rates with each other and were ranked first. The survey of high-citation inventors based on centrality indices indicated that “LEACH, PAUL J” graded first in degree centrality, “BENALOH, JOSH D” in betweenness centrality and “BENALOH, JOSH D” in closeness centrality.Originality/valueThe co-citation analysis of patents can show the most important patents and the relationships between them. Such analyses can be useful for large-scale policymaking or identification of existing gaps and attempting to address them.


2019 ◽  
Vol 10 (2) ◽  
pp. 200-247
Author(s):  
Niccolò Ridi

Abstract How do international adjudicators use precedent? This question has been addressed several times in the literature, but doctrinal accounts have generally failed to consider the aggregate dimension of the phenomenon. This article seeks to provide an alternative outlook by offering a large-scale computational analysis of the body of jurisprudence of three international fora (the ICJ, the WTO Appellate Body and investment arbitration tribunals) and comparing their citation patterns with those of other judicial bodies—national and international. Building on a very large dataset (comprising over 200,000 citations), it employs network analysis tools to measure the evolution of international law citation networks. It then unpacks this emerging complexity by considering what, in a precedent, holds ‘citing value’, highlighting the expansion of the range of precedential resources as well as the consecration of established authorities. Finally, the article considers three examples of computational analysis of citations to precedent in order to better gauge the level of engagement with the past.


2017 ◽  
Vol 34 (2) ◽  
pp. 166-182 ◽  
Author(s):  
Angelito Calma

Purpose The purpose of this paper is to examine the ten highly ranked journals in finance, and identify the most published authors, most cited articles, top publishing countries, top publishing universities, top publication years and the most discussed topics using keywords. Design/methodology/approach Using the services of the Web of Science™ (WoS), all the available data about each journal’s published articles were extracted. A total of 6,029 articles containing 23,521 keywords and 208,905 cited references were analysed. Findings Results indicate that Viscusi, Chemmanur and Statman are the most published authors. The most cited article is Fama and French’s (1993) article – Common risk factors in the returns on stocks and bonds – with 522 citations. The most cited author is Eugene Fama with 2,848 citations followed by Michael Jensen with 1,367 citations. USA and England contributed more articles than any other country, where US University of California System ranked first. “Information”, “risk” and “market” were the most discussed topics. Findings from this study reveal not only the popular authors, articles and topics in the scholarly finance literature, but also the lesser-known areas of research, which may need attention. Originality/value It is the first large-scale citation analysis study of its kind, representing data from 178 years of combined publication history.


2019 ◽  
Author(s):  
Niccolo Ridi

How do international adjudicators use precedent? This question has been addressed several times in the literature, but doctrinal accounts have generally failed to consider the aggregate dimension of the phenomenon. This article seeks to provide an alternative outlook by offering a large-scale computational analysis of the body of jurisprudence of three international fora (the ICJ, the WTO Appellate Body and investment arbitration tribunals) and comparing their citation patterns with those of other judicial bodies—national and international. Building on a very large dataset (comprising over 200,000 citations), it employs network analysis tools to measure the evolution of international law citation networks. It then unpacks this emerging complexity by considering what, in a precedent, holds ‘citing value’, highlighting the expansion of the range of precedential resources as well as the consecration of established authorities. Finally, the article considers three examples of computational analysis of citations to precedent in order to better gauge the level of engagement with the past.


2019 ◽  
Vol 10 (3) ◽  
pp. 396-422
Author(s):  
Dafina Atanasova

Abstract Building on the growing awareness that applicable law determinations are one of the places where the balance between investor and state interests is struck in investment disputes, the article probes the capacity of applicable law provisions (ALPs) in investment treaties to contribute to its regulation. Based on a large scale survey of treaty texts (1000+ treaties), the article argues that there is a misunderstanding of ALPs by negotiators despite greater engagement with these provisions. The article uncovers a mismatch between the questions of choosing among different potentially applicable laws and their proper interpretation, which are salient in investment arbitration, and the focus of ALP drafting. Even recent ALPs seem primarily used as tools to circumscribe tribunals’ jurisdiction, which leads to their redundancy. To bridge this gap, the article argues for a structural change bringing ALPs in investment treaties closer to choice of law provisions proper.


1999 ◽  
Vol 173 ◽  
pp. 243-248
Author(s):  
D. Kubáček ◽  
A. Galád ◽  
A. Pravda

AbstractUnusual short-period comet 29P/Schwassmann-Wachmann 1 inspired many observers to explain its unpredictable outbursts. In this paper large scale structures and features from the inner part of the coma in time periods around outbursts are studied. CCD images were taken at Whipple Observatory, Mt. Hopkins, in 1989 and at Astronomical Observatory, Modra, from 1995 to 1998. Photographic plates of the comet were taken at Harvard College Observatory, Oak Ridge, from 1974 to 1982. The latter were digitized at first to apply the same techniques of image processing for optimizing the visibility of features in the coma during outbursts. Outbursts and coma structures show various shapes.


1994 ◽  
Vol 144 ◽  
pp. 29-33
Author(s):  
P. Ambrož

AbstractThe large-scale coronal structures observed during the sporadically visible solar eclipses were compared with the numerically extrapolated field-line structures of coronal magnetic field. A characteristic relationship between the observed structures of coronal plasma and the magnetic field line configurations was determined. The long-term evolution of large scale coronal structures inferred from photospheric magnetic observations in the course of 11- and 22-year solar cycles is described.Some known parameters, such as the source surface radius, or coronal rotation rate are discussed and actually interpreted. A relation between the large-scale photospheric magnetic field evolution and the coronal structure rearrangement is demonstrated.


2000 ◽  
Vol 179 ◽  
pp. 205-208
Author(s):  
Pavel Ambrož ◽  
Alfred Schroll

AbstractPrecise measurements of heliographic position of solar filaments were used for determination of the proper motion of solar filaments on the time-scale of days. The filaments have a tendency to make a shaking or waving of the external structure and to make a general movement of whole filament body, coinciding with the transport of the magnetic flux in the photosphere. The velocity scatter of individual measured points is about one order higher than the accuracy of measurements.


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