The Environment and Investment Arbitration

Author(s):  
Makane Moïse Mbengue ◽  
Deepak Raju

This chapter describes the relationship between investment arbitration and the environment. Most view investment arbitration as a threat to environmental regulation, and examine whether sufficient safeguards have been built into treaty texts and arbitral practice to preserve regulatory space for states to advance environmental objectives. However, states are at liberty to choose the objectives that they pursue and set their own priorities between various competing objectives. There is no reason to assume that host states always accord the highest priority to environmental objectives. In some instances, host states may be keen to pursue economic or other objectives at the cost of the environment. Investors in some sectors, such as renewable energy, would find some or all of the host state’s measures for environment protection commercially profitable. On the other hand, there would be sectors where investors would stand to lose from environmental measures. Thus, whether a foreign investor’s interests align with a host state’s interest to protect its environment depends on a number of factors including the sector of investment and the nature of the environmental measure. The chapter then looks at how investment arbitrators have acted, and are likely to act, when faced with issues related to the protection of the environment.

1997 ◽  
Vol 91 (2) ◽  
pp. 268-313 ◽  
Author(s):  
Thomas J. Schoenbaum

Before 1991, the relationship between the protection of the environment and international trade was an arcane specialty that attracted little attention. In 1971 the GATT Council established a Working Group on Environmental Measures and International Trade. This group did not even meet for over twenty years.Everything changed with the decision in the Tuna/Dolphin I case, in which a GATT dispute resolution panel declared a United States embargo on tuna caught by fishing methods causing high dolphin mortality to be illegal. The Tuna/Dolphin I decision produced an explosion of rhetoric in both learned journals and the popular press. It was also a very interesting clash of very different “cultures,” trade specialists versus environmentalists. At die outset, neither group knew much about the other. Now, however, the legal and political issues have been identified and ventilated, mutual understanding has increased, and the process has begun to reconcile two values that are absolutely essential to the well-being of mankind: protection of the environment and international free trade.


2015 ◽  
Vol 19 (14) ◽  
pp. 1-504 ◽  
Author(s):  
Karl Claxton ◽  
Steve Martin ◽  
Marta Soares ◽  
Nigel Rice ◽  
Eldon Spackman ◽  
...  

BackgroundCost-effectiveness analysis involves the comparison of the incremental cost-effectiveness ratio of a new technology, which is more costly than existing alternatives, with the cost-effectiveness threshold. This indicates whether or not the health expected to be gained from its use exceeds the health expected to be lost elsewhere as other health-care activities are displaced. The threshold therefore represents the additional cost that has to be imposed on the system to forgo 1 quality-adjusted life-year (QALY) of health through displacement. There are no empirical estimates of the cost-effectiveness threshold used by the National Institute for Health and Care Excellence.Objectives(1) To provide a conceptual framework to define the cost-effectiveness threshold and to provide the basis for its empirical estimation. (2) Using programme budgeting data for the English NHS, to estimate the relationship between changes in overall NHS expenditure and changes in mortality. (3) To extend this mortality measure of the health effects of a change in expenditure to life-years and to QALYs by estimating the quality-of-life (QoL) associated with effects on years of life and the additional direct impact on QoL itself. (4) To present the best estimate of the cost-effectiveness threshold for policy purposes.MethodsEarlier econometric analysis estimated the relationship between differences in primary care trust (PCT) spending, across programme budget categories (PBCs), and associated disease-specific mortality. This research is extended in several ways including estimating the impact of marginal increases or decreases in overall NHS expenditure on spending in each of the 23 PBCs. Further stages of work link the econometrics to broader health effects in terms of QALYs.ResultsThe most relevant ‘central’ threshold is estimated to be £12,936 per QALY (2008 expenditure, 2008–10 mortality). Uncertainty analysis indicates that the probability that the threshold is < £20,000 per QALY is 0.89 and the probability that it is < £30,000 per QALY is 0.97. Additional ‘structural’ uncertainty suggests, on balance, that the central or best estimate is, if anything, likely to be an overestimate. The health effects of changes in expenditure are greater when PCTs are under more financial pressure and are more likely to be disinvesting than investing. This indicates that the central estimate of the threshold is likely to be an overestimate for all technologies which impose net costs on the NHS and the appropriate threshold to apply should be lower for technologies which have a greater impact on NHS costs.LimitationsThe central estimate is based on identifying a preferred analysis at each stage based on the analysis that made the best use of available information, whether or not the assumptions required appeared more reasonable than the other alternatives available, and which provided a more complete picture of the likely health effects of a change in expenditure. However, the limitation of currently available data means that there is substantial uncertainty associated with the estimate of the overall threshold.ConclusionsThe methods go some way to providing an empirical estimate of the scale of opportunity costs the NHS faces when considering whether or not the health benefits associated with new technologies are greater than the health that is likely to be lost elsewhere in the NHS. Priorities for future research include estimating the threshold for subsequent waves of expenditure and outcome data, for example by utilising expenditure and outcomes available at the level of Clinical Commissioning Groups as well as additional data collected on QoL and updated estimates of incidence (by age and gender) and duration of disease. Nonetheless, the study also starts to make the other NHS patients, who ultimately bear the opportunity costs of such decisions, less abstract and more ‘known’ in social decisions.FundingThe National Institute for Health Research-Medical Research Council Methodology Research Programme.


2021 ◽  
Vol 58 (1) ◽  
pp. 555-566
Author(s):  
Mohamed Fahmi Ghazwi

The OECD defined corporate governance  as, enforce laws, rules and standards that define the relationship between company management on the one hand, shareholders, stakeholders or parties associated with the company on the other, and urge financial institutions to adopt those laws and standards in their systems to ensure universal classification, such laws and standards are called corporate governance. Some countries have adopted such standards, which are based on integrity and transparency, such as the Hashemite Kingdom of Jordan, but the apply these standards to protect the minority of shareholders in the joint stock companies are in conflict with certain legal provisions laid down by the Jordanian legislature in the companies Act. The Jordanian companies' law and some other financial laws have, of course, included a number of factors that encourage corporate governance, but on the other hand, we find texts that still impede the application of these standards and provide indicators that do not encourage the application of their standards and affect the rights of minority shareholders. The study will refer to the most important corporate governance criteria that balance the rights of the minority and majority shareholders with those that still need to be modified.


Wardah ◽  
2018 ◽  
Vol 18 (2) ◽  
pp. 181
Author(s):  
Nuraida Nuraida ◽  
Muhammad Zaki

This study focuses on the pattern of gender communication within the family. The purpose of this study is to analyze the gender communication pattern that is considered still inequality in the family. Four patterns of family communication consist of; Equality Pattern, Balance Split Pattern, Unbalance Split Pattern and Monopoly Pattern. The four patterns illustrate the division of roles and position of each member in the family. The findings in this study are the pattern of communication equation is the most supportive pattern in instilling gender values in the family because this pattern emphasizes equality among family members. Indeed, family relationships can be implemented depending on a number of factors, including: First, the number of interaction systems in the family should be considered. Second, family structure affects relationships. Third, family relationships are influenced by the nature of parents. Fourth, the distance between one and the other affects the relationship within the family. Although it is concurrently recognized that socio-cultural constructions continue to have a significant effect on the division of roles played by men (husband) and women (wife) in family institutions.


2008 ◽  
Vol 12 (1) ◽  
pp. 25-32
Author(s):  
Jose Villacis Gonzalez

The Rubiks cube is a special game and a very particular puzzle. The 3-dimensional cube is made up of six faces, or boundary sections, of the same size. Each face, or section, consists of several two dimensional square parts, or cubelets. Every cubelet has the same surface area, and each of the six faces has the same number of cubelets. Therefore, the cubes surface is entirely covered with isocubelets. The cubelets are painted in six different colours, and it is possible to create a design where each face shows only one colour. Such is the object of the game: to turn the cubelets and sections of the cube so that only one (different) colour shows on each one of the six faces. If one manages to master the puzzle, the cube will show six faces of the same size, each coloured differently. The cubelets and sections of the cube can be turned both horizontally and vertically in order to change colours while trying to determine the appropriate combination to complete the puzzle. This approach is linked to a particular function in microeconomics that deals with the relationship between two magnitudes: on the one hand, the moves needed to achieve the desired final design; and on the other hand, the cost linked to the required production processes. This analytical model must use combinatorial mathematics equipment because, after all, the key factor in solving the Rubiks cube is the way in which the cubelets and sections are arranged.


Author(s):  
Shun Takai

At the end of a conceptual design phase, engineers choose a single (or a small set of) system concept from a large number of concept variants. In most cases, there is not enough design information to quantitatively evaluate how a final system developed from each concept would perform and cost. Thus engineers need to first perceptually evaluate and select a concept, and then design a system. On the other hand, if engineers know analytical relationships between system and part requirements, they can specify target values of part requirements such that a system achieves its target requirements. Furthermore, if engineers know how much it will cost to control part requirements within tolerances, they can minimize the cost of a system by optimizing tolerances of part requirements. This paper proposes and illustrates an approach to select a system concept when engineers know the relationship between system and part requirements, and how much it will cost to control part requirements within tolerances. Engineers choose a concept that minimizes cost.


2020 ◽  
Vol 32 (2) ◽  
pp. 255-270
Author(s):  
Ben Le

Purpose This paper aims to examine the impact of government ownership on the cost of debt and firm valuation in listed Vietnamese companies for the period 2007 to 2016. Design/methodology/approach The authors use both the generalised methods of the moment (GMM) and the ordinary least squares (OLS) regressions to analyse a panel data spanning over the period 2007 to 2016 in the markets of Vietnam. Further, the instrumental variable is used in the paper. Findings The authors find that firms with relative higher government stockholdings or state-owned companies where the government owns 50 per cent or more of shares outstanding enjoy a lower cost of debt compared to the other firms. Consequently, these firms have higher firm valuation and profitability. The results are robust for both the GMM and the OLS regressions. Further, firms that no longer retain government ownership have a higher cost of debt than the other firms. The results of the paper imply the importance of political connections in businesses in the market of Vietnam. Originality/value This paper connects the relationship between government ownership and the cost of debt with the relationship between government ownership and firm valuation. The paper tests the relationship between the cost of debt and government ownership using both OLS and GMM specifications and the results are robust for both approaches. The manuscript uses an instrumental variable to show that government ownership has a positive impact on higher firm performance through reducing cost of debt. Further, this paper addresses the possible issue of endogeneity.


2017 ◽  
Vol 50 (3) ◽  
pp. 291-311 ◽  
Author(s):  
Warren B. Miller ◽  
Jennifer S. Barber ◽  
Heather H. Gatny

SummaryThis paper examines the proposition that sexual and contraceptive behaviours mediate the relationship between the pregnancy desires of young, unmarried women and their having an unplanned pregnancy. The sample consisted of 854 18- to 19-year-old women living in Michigan, USA. First, the positive and negative pregnancy desires of these women were measured, as were the women’s perceptions of the positive and negative desires of their sexual partners. Then the extent to which these four types of desires, as well as several types of interactions between them, prospectively predicted the occurrence of subsequent pregnancies were tested with logistic regression analyses, initially alone and then after the addition of several types of sexual and contraceptive mediator variables. The results demonstrated that four of the ten significant motivational predictors became non-significant following the introduction of the contraceptive mediator variables and that the predictive strength of the other six significant motivational predictors was substantially reduced by their introduction. A number of factors that may account for only a partial mediational effect in some models are discussed.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Marek Bugdol ◽  
Antoni Wontorczyk

PurposeThe aim of this paper is to identify factors moderating the process of managing environmental objectives and to develop potential behavioural scenarios related to this process.Design/methodology/approachThe main research method used by the authors was a systematic literature review. The applied procedure was consistent with the general methodology of conducting research and the methodology of research in management sciences. The conducted literature review was supplemented with an analysis of grey literature.FindingsA number of factors influence the process of managing environmental objectives. Legal factors can stimulate the introduction of pro-environmental measures. The lack of universal legal regulations encourages unethical actions. The ethical values deserve special attention. If their level is high, then even the factors embedded in the environment that foster unethical behaviours are of little importance. In this sense, the performed literature review confirms the theory proposed by Locke. Managerial factors, including remuneration for the achievement of environmental objectives, may be the reason for weakening the process of minimising the negative impact on the environment.Originality/valueOn the basis of the conducted research and various theories of objectives, the authors formulated practical managerial recommendations aimed at reducing the number of errors in the process of setting environmental objectives.


2003 ◽  
Vol 125 (2) ◽  
pp. 132-138 ◽  
Author(s):  
Rodney Pinna ◽  
Beverley F. Ronalds ◽  
Mark A. Andrich

Assessments of structural reliability under storm overload have been performed on various monopod configurations located on Australia’s North West Shelf (NWS). The results have shown that these monopods have lower reliabilities than typical platforms in other petroleum provinces, due to a number of factors. In itself, this may not be a concern, as it may be argued that minimum facilities platforms have relatively low consequences of failure. Reasons for this could center around these monopods being satellites with small production throughput, having short service lives, being not-normally-manned, and having environmental protection features which minimize the possibility of a hydrocarbon spill resulting from a structural failure. A suitable target probability of failure for monopod platforms may be computed using a cost-benefit approach, where the total platform cost, including the cost of failure, is minimized. This analysis is developed for four distinct monopod configurations involving single pile, pile cluster and outrigger foundations in water depths ranging between 9-52m LAT. The relationship between platform CAPEX and probability of failure is derived from first principles for cases of appurtenances located within and external to the main caisson.


Sign in / Sign up

Export Citation Format

Share Document