Damages in Investor-State Arbitration: Current Issues and Challenges

2018 ◽  
Vol 2 (1) ◽  
pp. 1-86
Author(s):  
Irmgard Marboe
Keyword(s):  
Self Determination ◽  
Bilateral Investment Treaties ◽  
Foreign Investors ◽  
Present Issue ◽  
Valuation Methods ◽  
Present Volume ◽  
Legal Obligations ◽  
Interdisciplinary Nature ◽  
Economic Considerations

AbstractThe assessment of damages in investor-state arbitration involves complex legal and economic considerations. Particular challenges arise from the interdisciplinary nature of this endeavor. The present issue discusses some of the pertinent specificities in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of expropriation, but also commitments undertaken by states in bilateral investment treaties and contracts as well as changing economic circumstances need to be taken into consideration. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present volume analyses some of the most controversial and unsettled issues, including the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

scholarly journals THE RESURGENCE OF OLD FORMS IN THE EXPLOITATION OF NATURAL RESOURCES: THE COLONIAL ONTOLOGY OF THE PRIOR CONSULTATION PRINCIPLE

2019 ◽  
Vol 16 (34) ◽  
pp. 343-365
Author(s):  
Douglas de Castro
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Environmental Law ◽  
Self Determination ◽  
International Environmental Law ◽  
Elite Theory ◽  
Legal Obligations ◽  
Standard Practices

The need to deal with anthropogenic effects over the environment surfaced in the 1960´s mainly due to accidents all over the world with severe impacts on the environment. Therefore, International Environmental Law gained traction and international institutions legitimacy based on the universality of the formation of International Law and the objectivity and neutrality of the science, generating essential exclusions and implication for Global South countries. As colonial domination as part of the imperial projects ceased with the recognition of the sovereignty and self-determination of nations, a new form of granting access to natural resources was necessary. In this study, we argue that International Law and Institutions are proxies of the old ways of imperialism and colonial venture by imposing legal obligations and standard practices to countries disregarding their own experiences, cultures, and values, which has in the principle of prior consultation and its derivatives the most representative stance. As such, the study relies on TWAIL and Elite Theory to unveils the role of International Law and local elites to legitimize the domination and exclusion.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

Light Side of Design: Professional Vector

2020 ◽  
pp. 23-33
Author(s):  
Elena A. Zaeva-Burdonskaya ◽  
Yuri V. Nazarov
Keyword(s):  
Professional Practice ◽  
Wide Spectrum ◽  
Scientific Basis ◽  
Design Culture ◽  
Interdisciplinary Nature ◽  
Educational Programmes ◽  
Design Activities ◽  
The Subject ◽  
Light Side

This article addresses one of the most actively developing types of design activities – light design. The article comprises quotes of the leading Russian and foreign light design specialists published over the previous five years, as well as the authors’ own conclusions. The thoughts quoted in the article are sometimes opposite to each other and reflect the wide spectrum of professional practice. They reflect the initial opinions of analysts and experts which are often diverging. All of the specialists point at the interdisciplinary nature of the new profession, which imposes additional load on a designer overloaded enough already by the scope and speed of the problems being solved nowadays. The discussion of the new profession of light designer initiated on the pages of professional publications is especially important in view of the development of professional standards and standards of design and architectural education, as well as creation of new educational programmes based on various approaches to the subject in technical and humanitarian institutions. The goal of this article is to introduce light design into the field of fully legitimate sections of design culture, to define the authentic scientific basis of the new creative profession, to initiate a foundation for self-determination of the new synthetic area, which materially affects the state of the profession as a whole and the life standards of a wide variety of consumers. In order to reach the set goal, a comparative and analytical method of study was selected, which allows studying the problem to a large extent and from all angles and finding the ways of overcoming the challenges emerging in the area of the new activity.

Self-Determination and Territorial Integrity: Southern Cameroons and the Republic of Cameroun

2019 ◽  
Vol 27 (4) ◽  
pp. 629-653
Author(s):  
Valerie Muguoh Chiatoh
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Third World ◽  
Self Determination ◽  
Territorial Integrity ◽  
Present Issue ◽  
The Republic ◽  
The Relationship

African states and institutions believe that the principle of territorial integrity is applicable to sub-state groups and limits their right to self-determination, contrary to international law. The Anglophone Problem in Cameroon has been an ever-present issue of social, political and economic debates in the country, albeit most times in undertones. This changed as the problem metamorphosed into an otherwise preventable devastating armed conflict with external self-determination having become very popular among the Anglophone People. This situation brings to light the drawbacks of irregular decolonisation, third world colonialism and especially the relationship between self-determination and territorial integrity in Africa.

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