scholarly journals Public-Private Arbitration in Romanian Law

2021 ◽  
pp. 24-46
Author(s):  
Daniela CÎMPEAN ◽  
Roxana VORNICU ◽  
Dacian C. DRAGOȘ
Keyword(s):  
International Investment ◽  
Public Debate ◽  
The Public ◽  
Public Agenda ◽  
Fit For Purpose ◽  
Investment Treaties ◽  
Public Contracts

The article endeavors to introduce the constitutional and statutory framework for arbitration in Romania, whilst discussing the dilemmatic legislative provisions allowing for public entities to become parties in an arbitration dispute. It includes a discussion of the concept of administrative contracts in Romania and a chronological analysis of the evolution of public-private arbitration under administrative contracts. Some of the landmark Romanian public-private arbitrations under international investment treaties have held the public agenda in recent years and they shape the public debate on arbitration as fit for purpose when it comes to public contracts.

scholarly journals La couverture médiatique des accommodements raisonnables dans la presse écrite québécoise : Vérification de l’hypothèse du tsunami médiatique

2010 ◽  
Vol 35 (3) ◽  
Author(s):  
Thierry Giasson ◽  
Colette Brin ◽  
Marie-Michèle Sauvageau
Keyword(s):  
Social Issue ◽  
Public Debate ◽  
Reasonable Accommodation ◽  
Press Coverage ◽  
The Public ◽  
Public Agenda ◽  
Short Period ◽  
The Media ◽  
Media Hype ◽  
Over Time

ABSTRACT  From March 2006 to May 2008, the province of Québec engaged in a contentious public debate on diversity and reasonable accommodation practices. This study examines the evolution of press coverage in eleven Québec dailies dedicated to the issue of reasonable accommodation over the intensive twelve-month period during which the concept entered the public agenda. We examine the “media tsunami” hypothesis, an expanded version of the media hype theory developed by Vasterman (2005). The hypothesis posits that the media, in dealing with an emergent social issue in a relatively short period of time, amplify the importance of the issue through successive waves of press coverage that gain in intensity and magnitude over time. In doing so, they can manufacture social “crises.”RÉSUMÉ  De mars 2006 à mai 2008, le Québec a été secoué par un débat sociétal sur la question de la gestion de la diversité culturelle et du principe d’accommodement raisonnable. Cette étude s’intéresse à l’évolution de la couverture du concept d’accommodement raisonnable dans la presse écrite québécoise au cours de la période intensive du traitement médiatique où le terme est entré dans le discours public. L’article examine l’hypothèse du « tsunami médiatique », une version plus étoffée de la théorie du media hype mise de l’avant par Vasterman (2005). L’hypothèse de la déferlante médiatique pose que l’enjeu en question est une création médiatique dont la couverture en amplifie l’importance sociétale et peut générer une inquiétude au sein de la société. Les données tirées d’une analyse exhaustive du contenu de onze journaux québécois révèlent que la couverture produite par la presse écrite de la question des accommodements raisonnables représente un cas typique de « tsunami médiatique. »

China's International Investment Strategy

2019 ◽  
Keyword(s):  
Development Strategy ◽  
Foreign Investment ◽  
Developed Countries ◽  
Investment Strategy ◽  
International Investment ◽  
Bilateral Investment Treaties ◽  
Open Door Policy ◽  
Outward Fdi ◽  
Investment Law ◽  
Investment Treaties

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted its ‘open door’ policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market and aimed at attracting foreign investment to fuel its economic development, the underlying policy for mobilizing inward foreign direct investment (IFDI) remains unchanged to date. With the 1997 launch of the ‘Going Global’ policy, an outward focus regarding foreign investment has been added, to circumvent trade barriers and improve the competitiveness of Chinese firms, typically its state-owned enterprises (SOEs). In order to accommodate inward and outward FDI, China’s participation in the international investment regime has underpinned its efforts to join multi-lateral investment-related legal instruments and conclude international investment agreements (IIAs). China began by selectively concluding bilateral investment treaties (BITs) with developed countries (major capital exporting states to China at that time), signing its first BIT with Sweden in 1982. Despite being a latecomer, over time China’s experience and practice with the international investment regime have allowed it to evolve towards liberalizing its IIAs regime and balancing the duties and benefits associated with IIAs. The book spans a broad spectrum of China’s contemporary international investment law and policy: domestic foreign investment law and reforms, tax policy, bilateral investment treaties, free trade agreements, G20 initiatives, the ‘One Belt One Road’ initiative, international dispute resolution, and inter-regime coordination.

Hesitant Embrace: China’s Recent Approach to International Investment Rule-Making

2015 ◽  
Vol 16 (5-6) ◽  
pp. 843-868 ◽  
Author(s):  
Axel Berger
Keyword(s):  
Policy Making ◽  
Significant Contribution ◽  
International Investment ◽  
Investment Policy ◽  
Recent Period ◽  
Investment Treaty ◽  
Key Stakeholders ◽  
Recent Approach ◽  
Investment Treaties ◽  
Rule Making

China is becoming one of the key stakeholders in the international investment regime. It is, however, still unclear what role China can play in the ongoing reform of the international investment regime. Starting from this overall focus, this article analyses the most recent period of China’s international investment policy-making. Mapping the contents of investment treaties signed since 2008 it argues that China undertook a partial ‘NAFTA-ization’. Whilst China has adopted a number of clauses invented by the NAFTA countries, it introduced these clauses in an incoherent fashion. Looking at the drivers of this peculiar policy, this article argues that China’s investment treaty-making practice is largely inspired by its partner countries. As a result of this particular negotiation policy, Beijing’s approach to international investment rule-making is inconsistent. This belies the argument that China can make a significant contribution to reforming the international investment regime.

The SORS Decision-Making Support System: A statistical tool for better policy making in the Republic of Serbia

2021 ◽  
pp. 1-11
Author(s):  
Miladin Kovačević ◽  
Katarina Stančić
Keyword(s):  
Policy Making ◽  
Modern Society ◽  
Monitoring And Evaluation ◽  
Public Debate ◽  
Statistical Tool ◽  
The Public ◽  
System A ◽  
The Republic ◽  
Trusted Data

Modern society is witnessing a data revolution which necessarily entails changes to the overall behavior of citizens, governments and companies. This is a big challenge and an opportunity for National Statistics Offices (NSOs). Especially after the outbreak of COVID-19, when the public debate about the number of mortalities and tested and infected persons escalated, trusted data is required more than ever. Which data can modern society trust? Are modern societies being subjected to opinion rather than fact? This paper introduces a new statistical tool to facilitate policy-making based on trusted statistics. Using economic indicators to illustrate implementation, the new statistical tool is shown to be a flexible instrument for analysis, monitoring and evaluation of the economic situation in the Republic of Serbia. By taking a role in public policy management, the tool can be used to transform the NSO’s role in the statistical system into an active participant in public debate in contrast to the previous traditional, usually passive role of collecting, processing and publishing data. The tool supports the integration of statistics into public policies and connects the knowledge and expertise of official statisticians on one side with political decision makers on the other.

scholarly journals Trusting the Corona-Warn-App? Contemplations on trust and trustworthiness at the intersection of technology, politics and public debate

2021 ◽  
pp. 026732312110283
Author(s):  
Judith Simon ◽  
Gernot Rieder
Keyword(s):  
Technology Development ◽  
Public Debate ◽  
Lessons Learned ◽  
Initial Development ◽  
The Public ◽  
Public Debates ◽  
Moral Duties ◽  
Moral Demands

Ever since the outbreak of the COVID-19 pandemic, questions of whom or what to trust have become paramount. This article examines the public debates surrounding the initial development of the German Corona-Warn-App in 2020 as a case study to analyse such questions at the intersection of trust and trustworthiness in technology development, design and oversight. Providing some insights into the nature and dynamics of trust and trustworthiness, we argue that (a) trust is only desirable and justified if placed well, that is, if directed at those being trustworthy; that (b) trust and trustworthiness come in degrees and have both epistemic and moral components; and that (c) such a normatively demanding understanding of trust excludes technologies as proper objects of trust and requires that trust is directed at socio-technical assemblages consisting of both humans and artefacts. We conclude with some lessons learned from our case study, highlighting the epistemic and moral demands for trustworthy technology development as well as for public debates about such technologies, which ultimately requires attributing epistemic and moral duties to all actors involved.

Social inclusion, a challenge for deliberative democracy? Some reflections on Habermas’s political theory

2020 ◽  
pp. 136843102098378
Author(s):  
Isabelle Aubert
Keyword(s):  
Public Sphere ◽  
Political Theory ◽  
Social Inclusion ◽  
Public Debate ◽  
The Public ◽  
Iris Marion Young ◽  
Alexander Kluge ◽  
The Public Sphere ◽  
Nancy Fraser ◽  
Theory Of Democracy

This article explains how the issue of inclusion is central to Habermas’s theory of democracy and how it is deeply rooted in his conception of a political public sphere. After recalling Habermas’s views on the public sphere, I present and discuss various objections raised by other critical theorists: Oskar Negt and Alexander Kluge, Nancy Fraser, Axel Honneth and Iris Marion Young. These criticisms insist on the paradoxically excluding effects of a conception of democracy that promotes civic participation in the public debate. Negt, Kluge and Fraser develop a Marxist line of analysis that question who can participate in the public sphere. Honneth and Young criticize in various ways the excluding effect of argumentation: are unargumentative speeches excluded from the public debate? I show how Habermas’s model can provide some responses to these various objections by drawing inspiration from his treatment of the gap between religious and post-metaphysical world views.

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