Local Communities and ISDS

Author(s):  
Nicolás M. Perrone

Foreign investors and states frequently cooperate to facilitate investment projects in the natural resource sector. National elites tend to be involved in these cases, acting like partners to the foreign investors, because they often benefit economically and have an interest in the continuation of extractivism. Meanwhile, local communities are in a weak position, with limited or no public support and few legal options. They may still resist a project, sometimes forcing the state to cancel it, yet cancellation may only be a pyrrhic victory. Foreign investors can rely on investment treaties and ISDS to interpret and enforce the political signals and givings granted by the host state. The cases analysed in this chapter show how ISDS tribunals overlook investor misconduct and the context of extractivist projects while making local communities invisible.

Author(s):  
Oren Barak

Since Lebanon’s independence in the mid-1940s, its military—the Lebanese Armed Forces (LAF)—has played a pivotal role in the country’s politics. The political role of the LAF in Lebanon might seem surprising since the Lebanese state did not militarize, and its political leaders have continuously managed to keep their military relatively weak and small. Indeed, in this respect Lebanon has been markedly different from its close neighbors (Syria and Israel), but also from several other Middle Eastern states (especially Egypt and Iraq), where the military, which was large and powerful, was continuously involved in politics. Additionally, both Lebanon and the LAF have persistently striven to distance themselves from regional conflicts since 1949, particularly in relation to the Palestinian issue, albeit not always successfully. Still, and despite these ostensibly unfavorable factors for the military’s involvement in politics in Lebanon, the LAF has played an important political role in the state since its independence. This role, which has been marked by elements of continuity and change over the years, included mediation and arbitration between rival political factions (in 1945–1958, 2008, 2011, and 2019); attempts to dominate the political system (in 1958–1970 and 1988–1990); intervention in the Lebanese civil war (in 1975–1976 and 1982–1984); attempts to regain its balancing role in politics (in 1979–1982 and 1984–1988); and facilitating the state’s postwar reconstruction (since 1991). The political role of the military in Lebanon can be explained by several factors. First, the weakness of Lebanon’s political system and its inability to resolve crises between its members. Second, Lebanon’s divided society and its members’ general distrust towards its civilian politicians. Third, the basic characteristics of Lebanon’s military, which, in most periods, enjoyed broad public support that cuts across the lines of community, region, and family, and found appeal among domestic and external audiences, which, in their turn, acquiesced to its political role in the state.


Subject The sale of the Erdenet mine. Significance The day before parliamentary elections in June last year, Prime Minister Saikhanbileg Chimed announced the sale of 49% of shares held by the Russian government in the Erdenet Mining Corporation and the Mongolrostsvetmet mining company to Mongolia Copper Corporation, an unknown private Mongolian company. Subsequent parliamentary inquiry concluded that the sale was unconstitutional and the government ordered the shares transferred to the state on February 16 this year. The government’s actions received wide public support while polls reveal that the electorate views corruption as the main obstacle to Mongolia’s development Impacts Talk of 'nationalisation' in the Western media threatens to derail Mongolia's efforts to fix its image and attract foreign investors. The unusual circumstances of the sale raise suspicions of corruption and collusion between Mongolia's previous government and largest bank. The new government's will to scrutinise sale demonstrates the strength of Mongolia’s democracy.


Teisė ◽  
2009 ◽  
Vol 70 ◽  
pp. 119-135
Author(s):  
Elena Masnevaitė

Pastaraisiais metais Lietuvoje vis labiau diskutuojama dėl politinėms partijoms skiriamų valstybės biu­džeto lėšų, jų didinimo, kontroliavimo ar... areštavimo. Politinės partijos yra tas subjektas, kuris atlieka mediaciją tarp valstybės ir visuomenės. Valstybė yra tuo suinteresuota, todėl skiria joms tam tikrą finan­sinę paramą, tarsi laikydamasi romėniškos maksimos do ut des. Korupcinių grėsmių požiūriu valstybės biudžeto lėšos yra patikimiausias politinių partijų finansavimo šaltinis, tačiau čia taip pat slypi pavojus, jog politinės partijos praras savo prigimtį ir taps kvazivalstybinėmis organizacijomis, atitrūkusiomis nuo visuomenės grupių ir jų „natūralaus“ suinteresuotumo finansiškai paremti joms priimtinas politines pro­gramas ir jų įgyvendintojus. Turint tai omenyje, šiame straipsnyje analizuojami Lietuvos politinių partijų finansavimo iš valstybės biu­džeto būdai ir formos. Remiantis kitų Europos valstybių patirtimi, atskleidžiami diskutuotini pasirinkto valstybinio politinių partijų finansavimo modelio aspektai, neproporcingos viešosios paramos proble­matika. Be to, pateikiamos rekomendacijos tobulinti reglamentavimą, kurio inicijuotos pataisos „įstrigo“ parlamentinėje procedūroje arba po priėmimo netapo reikiamai veiksmingomis. In Lithuania the funds from the state budget assigned to political parties, its growth, control and... arrest have become a topic of increasing debate over the last years. Political parties are the subject who performs mediation between the state and the society. The state is interested in the abovementioned function and therefore it assigns particular financial support to political parties as if conferred with the Roman maxim do ut des. At the standpoint of threats of corruption the state budget allocations are the most reliable source of funding for political parties, however, there is a risk that political parties will be deprived of their nature and turn into quasi governmental organisations that have lost touch with groups of the society and their „genuine” interest to support beneficial political programmes and their executers financially. While taking this into account the article deals with the ways and forms of financing the political parties from the state budget. Arguable issues of the model chosen by the state to fund political parties and the proble­matics of non proportionate public support are revealed in the article with reference to the experience of Eu­ropean states. Moreover, recommendations how to improve legal regulation whose initiated amendments „stuck“ in the parliamentary procedure or did not become due effective after their adoption are provided.


2017 ◽  
Vol 3 (3) ◽  
pp. 595
Author(s):  
Kanaan Hamagharib Abdullah ◽  
Radwan Abubakr

     This study investigates the rentier economy and its impact on the political system. This study claims that the adoption of renter economy which leads to the emergence of political system which is not able to allow the accountability in any way. The inductive approach was employed to investigate the research argument. The research found that the state which relies on exporting natural resource to cover the public expenses tend to does not allow the accountability in government departments. In hence, the renter economy does not allow the political system to become democracy.


Author(s):  
Nicolás M. Perrone

Investment treaties and ISDS serve not just to resolve disputes between states and foreign investors. Through interpreting foreign investor rights, they also help structure foreign investment relations. This chapter leaves the norm entrepreneurs of the late 1950s and 1960 aside to develop an analytical framework for examining how the rights of foreign investors can contribute to defining their role in and relations with states and local communities. It examines the type of rights that make foreign investment projects, their purpose, and different ways of looking at the interface between these rights, states’ right to regulate, and local communities. A transnational and socio-legal approach to property and contracts informs the analysis. The remainder of the chapter focuses on the importance of ISDS for foreign investor rights, examining the normative and distributive implications of this dispute resolution mechanism.


2021 ◽  
pp. 98-125
Author(s):  
Rebecca Tapscott

This chapter studies how Uganda’s vigilantes seek—and fail—to consolidate authority over local communities. In contrast to scholarship that depicts the ambiguous space between state and society as a fertile environment for the emergence of new public authorities like vigilantes, this chapter shows how state actors’ unpredictable assertions and denials of authority make jurisdictions fluid, forestalling the emergence of new public authorities. Jurisdictional fluidity is reflected in routine inconsistency about what places, times, people, and activities fall under the authority of a given actor. The space between state and society is fragile and inhospitable to the emergence of new authorities. Local vigilante groups seek to consolidate power by adopting symbols and practices of state authority. A case study of the rise and fall of one vigilante group highlights how fluid state jurisdictional claims destabilize the political playing field for those seeking to consolidate power autonomously from the state.


1977 ◽  
Vol 19 (2) ◽  
pp. 139-172 ◽  
Author(s):  
Sidney M. Greenfield

The following pages examine the relationship between the transactions that constitute systems of patronage and clientage and politics as it operated in the Brazilian state of Minas Gerais in the mid-1960s. The objective will be to show how the asymmetrical exchanges of patronage and the political-electoral system served to articulate local communities with the institutional systems of the larger society.The data and analysis will be presented through an examination of the activities of individuals in two small municίpio communities in the Zona da Mata of the State of Minas Gerais during the critical election campaign for governor in the year 1965. By examining some of the activities of a local doctor and a lawyer involved in politics, we shall be able to make explicit the transactional process by means of which segments of local communities in the region were articulated, through the political-electoral process, to the state and national level institutions of Brazilian society.


Author(s):  
L. Nemova

The article analyzes recent changes in the principles, mechanisms and practices of the FDI regulation in Canada. Since 2010, this country has been rated by the international experts as one of the best places to invest. Most of the recent FDI is flocking into the country’s resource sector – in particular into mining and oil and gas. At the same time, there’s been a radical shift in the origins of the FDI. The state-owned corporations and sovereign funds from the Asian emerging markets, mostly from China, are demonstrating their willingness and readiness to become the major foreign investors in the Canadian resource sector.


2020 ◽  
Vol 20 (2020) (2) ◽  
pp. 359-394
Author(s):  
Jurij Perovšek

For Slovenes in the Kingdom of the Serbs, Croats and Slovenes the year 1919 represented the final step to a new political beginning. With the end of the united all-Slovene liberal party organisation and the formation of separate liberal parties, the political party life faced a new era. Similar development was showing also in the Marxist camp. The Catholic camp was united. For the first time, Slovenes from all political camps took part in the state government politics and parliament work. They faced the diminishing of the independence, which was gained in the State of Slovenes, Croats and Serbs, and the mutual fight for its preservation or abolition. This was the beginning of national-political separations in the later Yugoslav state. The year 1919 was characterized also by the establishment of the Slovene university and early occurrences of social discontent. A declaration about the new historical phenomenon – Bolshevism, had to be made. While the region of Prekmurje was integrated to the new state, the questions of the Western border and the situation with Carinthia were not resolved. For the Slovene history, the year 1919 presents a multi-transitional year.


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