Investment Law and the Conflict in the Donbas Region: Legal Challenges in a Special Case

2020 ◽  
pp. 431-457
Author(s):  
S. R. Subramanian

The ICSID Convention provides for one of the strongest regimes for enforcement of its awards. Consequently, finality of the ICSID awards was rarely disputed in the past. However, recently, there has been a growing sense of investment awards being subjected to challenge by domestic courts. Moreover, this phenomenon is not only confined to investment disputes arising under the ICSID Convention and even amongst non-ICSID states also, taking advantage of the greater space granted to the national law under the New York Convention, the investment treaty awards are subject to unwarranted challenges at the stage of enforcement of awards. It is in this background, taking India as an example, the paper aims to find out how the international investment awards will be enforced in India and what major legal challenges that it will encounter during the process of recognition and enforcement. For this purpose, the paper closely reviews a number of recent and significant Indian rulings on arbitration and notes that the enforcement of such awards faces a number of challenges including interpretative hurdles, multiple jurisdictional claims and parallel proceedings and extreme judicial delays. It finally suggests that the creation of an exclusive legal mechanism for the enforcement of investment arbitral awards will remove the legal impediments associated with the enforcement of the arbitral awards and bring about the desired changes in the expeditious disposal of enforcement cases.


2018 ◽  
Vol 41 ◽  
Author(s):  
Daniel Crimston ◽  
Matthew J. Hornsey

AbstractAs a general theory of extreme self-sacrifice, Whitehouse's article misses one relevant dimension: people's willingness to fight and die in support of entities not bound by biological markers or ancestral kinship (allyship). We discuss research on moral expansiveness, which highlights individuals’ capacity to self-sacrifice for targets that lie outside traditional in-group markers, including racial out-groups, animals, and the natural environment.


Author(s):  
Dr. G. Kaemof

A mixture of polycarbonate (PC) and styrene-acrylonitrile-copolymer (SAN) represents a very good example for the efficiency of electron microscopic investigations concerning the determination of optimum production procedures for high grade product properties.The following parameters have been varied:components of charge (PC : SAN 50 : 50, 60 : 40, 70 : 30), kind of compounding machine (single screw extruder, twin screw extruder, discontinuous kneader), mass-temperature (lowest and highest possible temperature).The transmission electron microscopic investigations (TEM) were carried out on ultra thin sections, the PC-phase of which was selectively etched by triethylamine.The phase transition (matrix to disperse phase) does not occur - as might be expected - at a PC to SAN ratio of 50 : 50, but at a ratio of 65 : 35. Our results show that the matrix is preferably formed by the components with the lower melting viscosity (in this special case SAN), even at concentrations of less than 50 %.


2016 ◽  
Vol 32 (3) ◽  
pp. 204-214 ◽  
Author(s):  
Emilie Lacot ◽  
Mohammad H. Afzali ◽  
Stéphane Vautier

Abstract. Test validation based on usual statistical analyses is paradoxical, as, from a falsificationist perspective, they do not test that test data are ordinal measurements, and, from the ethical perspective, they do not justify the use of test scores. This paper (i) proposes some basic definitions, where measurement is a special case of scientific explanation; starting from the examples of memory accuracy and suicidality as scored by two widely used clinical tests/questionnaires. Moreover, it shows (ii) how to elicit the logic of the observable test events underlying the test scores, and (iii) how the measurability of the target theoretical quantities – memory accuracy and suicidality – can and should be tested at the respondent scale as opposed to the scale of aggregates of respondents. (iv) Criterion-related validity is revisited to stress that invoking the explanative power of test data should draw attention on counterexamples instead of statistical summarization. (v) Finally, it is argued that the justification of the use of test scores in specific settings should be part of the test validation task, because, as tests specialists, psychologists are responsible for proposing their tests for social uses.


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