Rebus sic stantibus as a Stabilizing Doctrine in the Climate Crisis

Climate Law ◽  
2021 ◽  
Vol 11 (3-4) ◽  
pp. 211-244
Author(s):  
Diana Azarnoush Arsanjani Reisman
Keyword(s):  
World Order ◽  
Third Party ◽  
International Tribunal ◽  
Bilateral Investment Treaty ◽  
Changing Climate ◽  
Investment Treaty ◽  
The Us ◽  
Orderly Fashion ◽  
The Face ◽  
Climate Crisis

Abstract In the face of massive, unanticipated and even disjunctive changes, the balance of the respective interests of the state parties to existing treaties may no longer survive the changed—or changing—climate landscape. While, ideally, the co-contracting states to such treaties could mutually agree to terminate or revise their treaty obligations to accommodate such changes and redress the now imbalance of interests in the treaty, some scenarios are bound to be contentious. In such cases, is there any other procedure that can provide for an orderly and fair adjustment of treaties so as to avert a breakdown of the network of treaties and a destabilization of world order? This article proposes that the rebus sic stantibus doctrine may function as a stabilizing doctrine for maintaining and possibly adjusting treaty regimes in an orderly fashion. Unlike the doctrine of necessity or many explicit treaty carve-outs, such as the security exception of the US Model Bilateral Investment Treaty, the doctrine of rebus sic stantibus may allow for both an objective test and also one that must be pleaded before a third-party arbiter. For this reason, rebus operates within controlled limits. Rebus offers an international tribunal the opportunity to set out a fair termination or revision of a climate-impacted treaty. I trace the evolution of rebus as a stabilizing doctrine and illustrate the potentialities of its application to the climate crisis.

Issues on SOEs in BITs

2019 ◽  
pp. 194-204
Author(s):  
Xinquan Tu ◽  
Na Sun ◽  
Zhen Dai
Keyword(s):  
United States ◽  
The United States ◽  
Global Trade ◽  
Trading System ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
The Us ◽  
Trade And Investment ◽  
Ranking Position

The issue on state-owned enterprises (SOEs) has never gone away once China began sitting around the negotiating table, especially with the United States. Sixteen years ago, when China was expecting to enter the multi-lateral trading system, there were special sections for state trading enterprises in its accession protocol in accordance with Article XVII in GATT1994. While in bilateral investment treaty (BIT) negotiation with the US, which was reignited in 2008 and has undergone twenty-nine rounds of talks, the issue of SOEs was brought up to the table again and seemingly became a key point blocking the negotiation. However, with uprising economy scale and front-ranking position in global trade and investment, it seems unsatisfying of China to give the same commitments concerning SOEs as it did in WTO negotiation which was sixteen years ago. To put the BIT negotiation forward on the SOE issue needs new solutions

Part II Guide to Key Preliminary and Procedural Issues, 9 Piercing the Veil of Confidentiality: The Recent Trend towards Greater Public Participation and Transparency in Investment Treaty Arbitration

2018 ◽  
Author(s):  
Menaker Andrea J ◽  
Hellbeck Eckhard
Keyword(s):  
Public Access ◽  
Third Party ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
The Us ◽  
The Status ◽  
Investment Treaties ◽  
Nafta Chapter 11 ◽  
The Veil

Over the past few years, the US, Canada, and the EU have incorporated ‘transparency’ provisions into their investment treaties. Arbitration under those treaties thus will not be confidential, regardless of the arbitral rules governing them. By contrast, Russia’s 2016 regulation for the negotiation of investment treaties expressly provides for confidentiality of arbitration, including the award, unless both parties consent in writing to disclose information. This chapter traces the development of public disclosure and participation in investment arbitration. It is divided into three sections: public access to arbitral documents, third-party written submissions, and public access to arbitration hearings. Each section addresses developments under NAFTA Chapter 11, the evolution of the practice under the International Centre for Settlement of Investment Dispute (ICSID) Arbitration Rules, the approach taken by the new UNCITRAL Rules on Transparency, the status of other arbitration rules, and the practice of certain States as shown in their recent agreements.

US Strategic Propensity towards India in Perspective of Nuclear Bonding: Security Apprehensions for South Asian Region and Pakistan

2020 ◽  
Author(s):  
Asifa Jahangir ◽  
Furqan Khan
Keyword(s):  
South Asian ◽  
World Order ◽  
Balance Of Power ◽  
Strategic Partnership ◽  
The South ◽  
Asian Region ◽  
The Us ◽  
The Face ◽  
Technology Control ◽  
South Asian Region

The Indo-US strategic bonding is shifting the security dynamics of the South Asian balance-of-power in Indian favour. From the signing of 123 US-India Nuclear Deal to the facilitation in becoming a member of the Missile Technology Control Regime (MTCR), the US has clearly designated India as an instrumental element in the American grand strategy of devising a ‘new world order’. As a result, India has grabbed the opportunity of alleviating its status as a credible regional and global power. In this regard, the US tilt towards India is significantly paving grounds for a strategic imbalance in the South Asian region, thus creating challenges for Pakistan. Therefore, this paper argues that the growing bonhomie between the US and India is a destabilizing factor in the region which reinforces Pakistan’s fast falling into the Chinese orbit; thereby cementing the old friendship into a new strategic partnership. This dynamic certainly gives China and Pakistan an incentive to work together so as to keep the value of Pakistan’s nuclear deterrence alive. In an effort to expand the horizon on the subject, the paper is dedicated to critically examine the existing cooperation between India and the US while equally foreseeing the possible implications for the region in the face of such destabilizing cooperation. More importantly, based on qualitative data, this paper explores how Indo-US strategic partnership is directly impacting Pakistan and its strategic partnership with China; thereby explaining how the growing relationship between the US and India has undermined the traditional balance-of-power in the South Asian region?

Arbitral Praeliminaria – Reflections on the Distinction between Admissibility and Jurisdiction after BG v. Argentina

2016 ◽  
Vol 29 (1) ◽  
pp. 137-153
Author(s):  
FRIEDRICH ROSENFELD
Keyword(s):  
Supreme Court ◽  
Present Article ◽  
International Investment ◽  
Bilateral Investment Treaty ◽  
Investment Treaty ◽  
Investment Arbitration ◽  
The Us ◽  
Us Supreme Court ◽  
Arbitral Proceedings

AbstractArbitral tribunals have traditionally encountered difficulties in drawing the distinction between jurisdiction and admissibility. The various approaches range from the rejection of the concept of admissibility in arbitral proceedings to an overly expansive interpretation of the concept of admissibility so as to include aspects of jurisdiction. With BG Group v. Republic of Argentina, the US Supreme Court has further complicated the problem in what has become the first decision in its history on the interpretation of a bilateral investment treaty. The present article sets forth a test for distinguishing jurisdiction from admissibility which is in line with international jurisprudence and takes due account of the normative and institutional particularities of international investment arbitration proceedings.

Investment Treaty Arbitration in Asia

2019 ◽  
pp. 430-443 ◽  
Author(s):  
Matthew Hodgson ◽  
Adam Bryan
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Chinese Investment ◽  
Investment Treaty ◽  
The Us ◽  
The Face ◽  
Future Strategy ◽  
Investment Treaties ◽  
Chinese Foreign Direct Investment ◽  
Trump Administration

This chapter seeks to explore China’s approach to bilateral investment treaties and uses this to help consider its possible future strategy. In particular, the chapter considers the interaction of the growth and nature of China’s inward- and outward-bound foreign direct investment, with the protections provided in the BITs and the identity of counterparty states. As enthusiasm for investment treaties in the West stands at a crossroads—in the face of public antipathy in Europe to the draft TTIP treaty, and hostility from the Trump administration to investment treaties in general—there is maybe an opportunity for China to demonstrate leadership and cooperation to regional and global economic partners. This chapter first maps the evolution of the protections provided in China’s investment treaties, from the rudimentary protections in the early generation investment treaties to the wider-scale coverage in the more recent investment treaties. The chapter also reflects upon the extent to which China has succeeded in protecting its outbound investment, and the counter-balance of the protections granted to inbound investment. It considers (the relatively few) cases that have been brought under Chinese investment treaties and performs a statistical analysis of the protection of Chinese foreign direct investment stocks, by reference to competitor economies. Finally, this chapter looks at where China may focus its attentions next, particularly in the context of the Trump administration in the US and China’s investment priorities.

Russian Banking System under Conditions of Global Crisis

2009 ◽  
pp. 4-14 ◽  
Author(s):  
G. Gref ◽  
K. Yudaeva
Keyword(s):  
Banking System ◽  
Commodity Prices ◽  
Financial Sector ◽  
Banking Crises ◽  
Economic Recovery ◽  
Balance Sheets ◽  
Current Economic Crisis ◽  
Risk Appetite ◽  
The Us ◽  
The Face

Problems in the financial sector were at the core of the current economic crisis. Therefore, economic recovery will only become sustainable after taking care of the major weaknesses in the financial sector. This conclusion is relevant both for the US and UK - the two countries where crisis has started, and for other economies which financial institutions turned out to be fragile in the face of the swings in the risk appetite. Russia is one of the countries where the crisis has revealed serious deficiency in the financial sector. Our study of 11 banking crises during the last 25-30 years shows that sustainable economic recovery and decrease in the dependence on commodity prices will be virtually impossible without cleaning of balance sheets and capitalization of the financial sector.

Too WEIRD, Too Fast: Preprints about COVID-19 in the Psychological Sciences

2020 ◽  
Author(s):  
Arathy Puthillam
Keyword(s):  
Overwhelming Majority ◽  
Global Pandemic ◽  
The Us ◽  
The World ◽  
The Face ◽  
Conducting Research ◽  
Psychological Studies

That American and European participants are overrepresented in psychological studies has been previously established. In addition, researchers also often tend to be similarly homogenous. This continues to be alarming, especially given that this research is being used to inform policies across the world. In the face of a global pandemic where behavioral scientists propose solutions, we ask who is conducting research and on what samples. Forty papers on COVID-19 published in PsyArxiV were analyzed; the nationalities of the authors and the samples they recruited were assessed. Findings suggest that an overwhelming majority of the samples recruited were from the US and the authors were based in US and German institutions. Next, men constituted a large proportion of primary and sole authors. The implications of these findings are discussed.

Sex (Similarities and) Differences in Friendship Jealousy

2020 ◽  
Author(s):  
Jaimie Krems ◽  
Keelah Williams ◽  
Laureon Allison Watson ◽  
Douglas Kenrick ◽  
Athena Aktipis
Keyword(s):  
Sex Differences ◽  
Cognitive Architecture ◽  
Third Party ◽  
Published Data ◽  
Best Friends ◽  
Adaptive Challenges ◽  
The Face ◽  
Initial Support ◽  
Fitness Benefits ◽  
Material Benefits

Friendships provide material benefits, bolster health, and may help solve adaptive challenges. However, a recurrent obstacle to sustaining those friendships—and thus enjoying many friendship-mediated fitness benefits—is interference from other people. Friendship jealousy may be well-designed for helping both men and women meet the recurrent, adaptive challenge of retaining friends in the face of such third-party interference. Although we thus expect several sex similarities in the general cognitive architecture of friendship jealousy (e.g., it is attuned to friend value), there are also sex differences in friendship structures and historical functions, which might influence the inputs of friendship jealousy (e.g., the value of any one friendship). If so, we should also expect some sex differences in friendship jealousy. Findings from a reanalysis of previously-published data and a new experiment, including both U.S. student and adult community participants (N = 993), provide initial support for three predicted sex differences: women (versus men) report greater friendship jealousy at the prospective loss of best friends to others, men (versus women) report greater friendship jealousy at the prospective loss of acquaintances to others, and men’s (but not women’s) friendship jealousy is enhanced in the context of intergroup contests.

The Sino-Japanese War and the Collapse of the Qing and Confucian World Order in the Face of Japanese Imperialism and European Acquiescence

2018 ◽  
Author(s):  
Patrick Sze-lok Leung ◽  
Bijun Xu
Keyword(s):  
Nineteenth Century ◽  
International Law ◽  
East Asian ◽  
World Order ◽  
Foreign Minister ◽  
Late Nineteenth Century ◽  
Japanese Imperialism ◽  
The Face ◽  
Late Nineteenth

The First Sino-Japanese War (1894–95) has been perceived as a sign of a new East Asian power order, but the legitimacy of the war has yet to be clarified. The Japanese foreign minister Mutsu’s Kenkenroku shows that the reasons claimed by Japan were only pretexts for its ambition to put Korea under its control. The 1885 Convention of Tianjin, which was used to justify the Japanese behaviour, needs to be reinterpreted. The Chinese reaction can be understood by exploration into Confucianism, which opposed wars between equal peers. Meanwhile, the Western powers which invented and developed international law were self-interested and did little to prevent the war. The incident shows that international law, empowered by the strong states, failed to maintain peace efficiently in the late nineteenth century.

scholarly journals A Deeper Union: From a Failed Project to the European Quality Lead

2021 ◽  
Vol 56 (3) ◽  
pp. 174-177
Author(s):  
Karl Aiginger
Keyword(s):  
Climate Change ◽  
New World ◽  
World Order ◽  
New World Order ◽  
Welfare Indicators ◽  
Spheres Of Influence ◽  
Self Confidence ◽  
Leading Role ◽  
The Us ◽  
Previous State

AbstractAfter President Trump’s departure, many expected that the transatlantic partnership would return to its previous state with the US playing a leading role. This article challenges that view. Instead, a new world order is foreseen, with different partnerships and spheres of influence. Europe can decide whether it wants to remain small and homogeneous or a larger but also more heterogenous Union that leads in welfare indicators such as life expectancy, fighting poverty and limiting climate change. Expanding this lead and communicating its uniqueness can empower Europe to combine enlargement and deepening, which appears unlikely without changes in governance and self-confidence.

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