Chapter 11. The Host Countries

Keyword(s):  
Author(s):  
J. Anthony VanDuzer

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.


2015 ◽  
Vol 12 (3) ◽  
pp. 181-192 ◽  
Author(s):  
Pinar Yazgan ◽  
Deniz Eroglu Utku ◽  
Ibrahim Sirkeci

With the growing insurrections in Syria in 2011, an exodus in large numbers have emerged. The turmoil and violence have caused mass migration to destinations both within the region and beyond. The current "refugee crisis" has escalated sharply and its impact is widening from neighbouring countries toward Europe. Today, the Syrian crisis is the major cause for an increase in displacement and the resultant dire humanitarian situation in the region. Since the conflict shows no signs of abating in the near future, there is a constant increase in the number of Syrians fleeing their homes. However, questions on the future impact of the Syrian crisis on the scope and scale of this human mobility are still to be answered. As the impact of the Syrian crisis on host countries increases, so does the demand for the analyses of the needs for development and protection in these countries. In this special issue, we aim to bring together a number of studies examining and discussing human mobility in relation to the Syrian crisis.


2020 ◽  
Vol 17 (1) ◽  
pp. 27-36
Author(s):  
Élise Féron

Building on cases of conflict-generated diaspora groups, the article proposes to understand diaspora politics as a co-construction between a series of actors that is not limited to home and host states. It argues that repeated attempts to understand diaspora politics as mostly produced by home or host countries is the result of an unwillingness to embrace the fundamentally disruptive nature of diasporas in interstate politics. Diasporas are hybrid political actors that have connections, not only with their countries of origin and of residence, but also with other diaspora groups located in the same country or elsewhere as well as with other actors at the transnational level. Taking stock of state-based approaches to diaspora politics, as well as of analyses focusing on internal diaspora matters, the article shifts the focus towards the interstate and transnational dimensions of diaspora politics and emphasises their potential to move across levels and spheres of engagement


2013 ◽  
Vol 10 (1) ◽  
pp. 71-80 ◽  
Author(s):  
Lucile Gruntz ◽  
Delphine Pagès-El Karoui

Based on two ethnographical studies, our article explores social remittances from France and from the Gulf States, i.e. the way Egyptian migrants and returnees contribute to social change in their homeland with a focus on gender ideals and practices, as well as on the ways families cope with departure, absence and return. Policies in the home and host countries, public discourse, translocal networks, and individual locations within evolving structures of power, set the frame for an analysis of the consequences of migration in Egypt. This combination of structural factors is necessary to grasp the complex negotiations of family and gender norms, as asserted through idealized models, or enacted in daily practices in immigration and back home.


2020 ◽  
Vol 28 (1) ◽  
pp. 66-84
Author(s):  
Sanford U. Mba

Recently, the Nigerian Senate passed the Bankruptcy and Insolvency (Repeal and Re-enactment) Bill. This is no doubt a welcome development following the continued demand by insolvency practitioners, academics and other stakeholders for such legislation. The call has not only been for the enactment of just about any legislation, but (consistent with the economic challenges faced by businesses in the country), one that is favourably disposed to the successful restructuring of financially distressed businesses, allowing them to weather the storm of (impending) insolvency, emerge from it and continue to operate within the economy. This article seeks to situate this draft legislative instrument within the present wave of preventive restructuring ably espoused in the European Union Recommendation on New Approaches to Business Rescue and to Give Entrepreneurs a Second Chance (2014), which itself draws largely from Chapter 11 of the US Bankruptcy Code. The article draws a parallel between the economic crisis that gave rise to the preventive restructuring approach of the Recommendation and the present economic situation in Nigeria; it then examines the chances of such restructuring under the Nigerian draft bankruptcy and insolvency legislation. It argues in the final analysis that the draft legislation does not provide for a prophylactic recourse regime for financially distressed businesses. Consequently, a case is made for such an approach.


2020 ◽  
Vol 8 (1) ◽  
Author(s):  
Sanction Madambi

The migration of Zimbabweans into South Africa is shaped by several factors and processes. Traditionally, the decision to migrate was mostly based on family considerations (where gender stereotypic roles were a priority), although in some cases the migrants exercised individualism and personal agency. This led to migration trends that were male dominated. Current Zimbabwean migration trends reflect large volumes of women as the socio-economic crisis forces them to leave their country. These migrant women encounter a myriad of challenges in their host countries. This paper explores Zimbabwean women’s migration to the town of Mthatha in South Africa, highlighting their challenges and the strategies they employ to overcome these, as found in a recent case study. Applying a qualitative research design and using questionnaires and interviews to gather data from the 100 purposively sampled women, the study found that many Zimbabwean migrant women in Mthatha encountered numerous challenges. They lacked the required documents to live and work in South Africa, experienced exploitation and marriage constraints, and had broken ties with their families back in Zimbabwe. According to the study, these women managed to navigate these challenges, rising above the stereotypic norms and values that used to label them as non-productive citizens to superheroes who were supporting their families and the country’s economy—thus breaking the shackles of gender stereotyping to create new norms. These findings underline the importance of shifting from the traditional approaches to women migration and pursuing perspectives that present migration as a critical component of the process of social change and development to all migrants.


1984 ◽  
Vol 26 (5) ◽  
pp. 5-23
Author(s):  
M. N. Kolmakova

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