Striking the Right Balance Between the Interests of the Foreign Investors and the Host State – A Case Study of the Tanzania-Germany BIT 50 Years After Its Conclusion

2017 ◽  
Vol 25 (1) ◽  
pp. 1-19
Author(s):  
Tomasz P. Milej
Keyword(s):  
Foreign Investments ◽  
Foreign Investors ◽  
Host State ◽  
Investment Treaty ◽  
General Feeling ◽  
Policy Objectives ◽  
The Right ◽  
Development Objectives ◽  
The Relationship

Fifty years ago, Tanzania and Germany concluded a bilateral investment treaty (BIT). The main features of this BIT differ from what is common today. The article examines the adequacy of the Treaty's stipulations against the backdrop of the controversies which the conclusion of the BITs has recently sparked in developing states and in Tanzania in particular. It discusses the nexus between the conclusion of the BITs and the inflow of foreign investments. As there is a general feeling among Tanzanian scholars that the BITs are too favourable to investors at the expense of local firms and legitimate policy objectives of the host state, various claims have been made with respect to the content of the investment treaties. Taking the Tanzania-Germany BIT as a case study, the article analyses these claims in the context of a global debate on the relationship between the need for the protection of foreign investors and sustainable development objectives. Finally, the future of the Tanzania-Germany BIT is discussed in the light of the post-Lisbon EU approach to the investment policy.

scholarly journals Let Us Not Forget about the Role of Domestic Courts in Settling Investor-State Disputes

2020 ◽  
Vol 18 (3) ◽  
pp. 389-415
Author(s):  
Szilárd Gáspár-Szilágyi
Keyword(s):  
Subject Matter ◽  
Working Group ◽  
Reform Process ◽  
Foreign Investors ◽  
Host State ◽  
Investment Treaty ◽  
Domestic Courts ◽  
The Relationship ◽  
Investment Treaty Arbitration

Abstract This overview illustrates that there is a gap in our knowledge of how domestic courts handle investor-State disputes. As it turns out, some foreign investors use the domestic courts of the host State prior to initiating investment treaty arbitration. Subject matter-wise, these cases are very diverse and not all of them are initiated by investors against the host State. Moreover, in the four countries analysed, investors often appealed to the highest courts of the land, but they lost more cases than they won. These findings should help UNCITRAL Working Group III conceptualize the meaning of “investor-State dispute” and the relationship between domestic and international methods of ISDS. This overview concludes by inviting further empirical research to understand how domestic courts handle investor-State disputes. This in turn can help us develop normative arguments as to why domestic courts should be included in the reform process.

Spatial socioeconomic development of cooperating regions: The Siberian Federal District case study

2020 ◽  
Vol 18 (7) ◽  
pp. 1266-1285
Author(s):  
Sn.P. Mongush
Keyword(s):  
Economic Development ◽  
Socioeconomic Development ◽  
Federal District ◽  
Conceptual Basis ◽  
Siberian Federal District ◽  
Socio Economic Development ◽  
The Russian Federation ◽  
Development Objectives ◽  
The Relationship

Subject. This article explores the various aspects of the concept of Spatial Development. Objectives. The article aims to develop a conceptual basis for the spatial socio-economic development of the collaborating regions. Methods. For the study, I used the methods of comparative and statistical analyses. Results. The article shows how cooperation between the subjects of the Russian Federation increases the potential of economically united regions. Conclusions. When preparing national strategic planning documents, it is necessary to take into account the specifics of regions, their capacity, available resources, and focus on the relationship between regions.

scholarly journals Ontological Security, Trauma and Violence, and the Protection of Women: Polygamy Among Minority Communities

2021 ◽  
Vol 12 ◽  
Author(s):  
Ayelet Harel-Shalev ◽  
Rebecca Kook
Keyword(s):  
State Level ◽  
The State ◽  
Minority Women ◽  
Complex Relationship ◽  
Ontological Security ◽  
Minority Communities ◽  
The Right ◽  
Women Violence ◽  
The Relationship

In this article, we examine the special challenges posed by the practice of polygamy to minority women, focusing on the ways that the state and the women confront the related experiences of violence and trauma associated with this practice. Based on analysis of both policy and interviews with women, we demonstrate the tension between the different mechanisms adopted by the state as opposed to those adopted by the women themselves. We suggest that the concept of ontological security is valuable for a deeper understanding of the range of state motivations in cases related to minority women, violence, and the right for protection. Our case study is the Bedouin community in Israel. We explore the relationship between individual and state-level conceptions of violence and trauma and the complex relationship between these two. We examine state discourses of ontological security through a gendered lens, as frameworks of belonging and mechanisms of exclusion.

5 The Microeconomics of Investment Treaties

2017 ◽  
Author(s):  
Bonnitcha Jonathan ◽  
Skovgaard Poulsen Lauge N ◽  
Waibel Michael
Keyword(s):  
Decision Making ◽  
Foreign Investment ◽  
Fiscal Illusion ◽  
Foreign Investors ◽  
Host State ◽  
Investment Protection ◽  
The Third ◽  
Investment Treaty ◽  
Investment Treaties ◽  
The Impact

This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency. The first section examines the ‘hold-up’ problem, which provides the most influential and coherent microeconomic justification for the inclusion of investment protection provisions in investment treaties. The second section explores the problem of ‘fiscal illusion’ in host state decision-making, which could result in ‘over-regulation’ of foreign investment in the absence of an investment treaty. The third section considers whether investment treaties solve problems of discrimination against foreign investors, as well as the possibility that investment treaties lead to discrimination in favour of foreign investors.

Birth Registration in Crisis: Exploring a Rights-Based Approach to Birth Registration through the Experience of Syrian Refugees

2019 ◽  
Vol 31 (4) ◽  
pp. 541-566
Author(s):  
Jazmine Hesham Elmolla
Keyword(s):  
Human Rights ◽  
Birth Registration ◽  
International Human Rights Law ◽  
Political Rights ◽  
Syrian Refugees ◽  
Rights Of The Child ◽  
The Many ◽  
The Right ◽  
The Relationship

Abstract The right to birth registration is protected under international human rights law. While this protection clearly confers an obligation on States to register births, it is less clear how this birth registration process should be carried out in order to ensure that individuals can realize numerous other human rights. For example, how should States register the births of children born to refugees or asylum seekers in order to give effect to the right to a nationality? The question is particularly relevant given the increasing number of people who are fleeing the many contemporary conflicts. The article investigates this question, along with the precise meaning and requirements of the right to birth registration under the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child. It argues that the birth registration frameworks established by States often fail to protect the human rights of the child. Using Syrian refugees in Lebanon as a case study, the conclusion reached is that there is an urgent need for States to adopt a rights-based approach to birth registration that reflects the relationship between birth registration and other human rights.

Conclusion

2019 ◽  
pp. 175-176
Author(s):  
Federico Ortino
Keyword(s):  
Foreign Investment ◽  
Regulatory Change ◽  
Foreign Investments ◽  
Host State ◽  
Investment Treaty ◽  
Investment Treaties

This section highlights the present study’s key findings. First, from the very beginning, protections afforded to foreign investments by modern investment treaties have been exceptionally broad, including guarantees vis-à-vis the host State’s (a) breach of investment contracts and regulatory change; (b) substantial deprivation of the value of the foreign investment; and (c) unreasonable conduct. Second, while a growing number of investment tribunals as well as new investment treaties have started to rein in such broad protections, the evolution of key investment treaty provisions has been (and in many ways still is) marred by inconsistency and uncertainty. Lastly, while there appears to be a growing preference in arbitral practice (as well as treaty practice) for reasonableness-based guarantees, there is still no clarity with regard to the specific reasonableness test that should be employed in order to review the lawfulness of the host State conduct under an investment treaty.

Induced Lactation by Adoptive Mothers: A Case Study

2014 ◽  
Vol 68 (1) ◽  
Author(s):  
Zilal Saari ◽  
Farahwahida Mohd Yusof
Keyword(s):  
Breast Milk ◽  
Islamic Law ◽  
Structured Interview ◽  
Adopted Children ◽  
Adopted Child ◽  
Adoptive Mothers ◽  
Breast Pump ◽  
The Right ◽  
The Relationship

Induced lactation is a method of stimulating breast milk, carried out by non-pregnant women. It is an alternative for women who are unable to have children naturally but wish to experience motherhood by adopting. In Islamic laws, breastfeeding by a woman of another person’s child will turn their relationship into that of a mother and her own child. The permissibility in Islamic law of breastfeeding another person’s child has been taken as an alternative way for adoptive Muslim mothers to “mahram”ise (a male/female who is forbidden permanently, forever) (or familiarize) the relationship with that adopted child. The objective of this study is to explore the experience of adoptive mothers who have breastfed their adopted children through the method of induced lactation. This study focuses on the technical aspects, on how an adoptive mother stimulates the production of breast milk despite not having gone through the process of pregnancy. This study uses the qualitative study method. This study interviewed 12 respondents comprising of Muslim females who had successfully nursed their adopted children before the age of two and fulfilled the requirement to nurse the child until he is fully satisfied for five sessions. The semi structured interview technique was carried out over a 6 months period between the years 2012 to 2013. Data analysis discovered that two methods of induced lactation were performed, i.e., hormone simulation and breast stimulation. This study also found two devices used in the process of breast stimulation, which are Supplemental Feeding Device and Breast pump. In summary, the process of induced lactation to nurse an adopted child can be a success with the right method, technique and equipment.

scholarly journals Muscle Activity and Morphology in Slalom Skiing by a Single-Leg Amputee Ski Racer: A Case Study of a Paralympic Athlete

2021 ◽  
pp. 500-5007
Author(s):  
Yusuke Ishige ◽  
Shinsuke Yoshioka ◽  
Noriko Hakamada ◽  
Yuki Inaba
Keyword(s):  
Muscle Activity ◽  
Elite Athlete ◽  
Vastus Lateralis ◽  
Biceps Femoris ◽  
Cross Sectional ◽  
Measurement Units ◽  
The Mean ◽  
The Right ◽  
The Relationship

The aim of this study was to clarify the characteristics of skiing by a single-leg amputee ski racer from the viewpoints of muscle activity, morphology, and the relationship between both elements through comparisons with those of a non-disabled ski racer. One elite athlete, classified as LW2 (left thigh amputation), and one non-disabled athlete, as a control, participated in this study. The cross-sectional area of thigh muscles was measured through magnetic resonance imaging. Additionally, muscle activities and joint and segment kinematics during slalom skiing were measured using electromyography and inertial measurement units, respectively. The muscle activities and joint kinematics of the amputee racer in the turn in which he performed with the inside edge of the ski were similar to those of the outside leg of the non-disabled racer over a turn. In contrast, at the turn in which the amputee racer performed with the outside edge (more difficult side), the amputee racer largely activated the biceps femoris (BF) in the first half of the turn compared to the non-disabled racer. The reason could be to control the angular momentum of the trunk during the forward tilting motion. This is because a greater activity of the BF was observed during the period in which the forward tilt of the trunk was increased, and the mean activity of the BF was the greatest during the first half of the right turn in which the range of the motion of the forward tilt was the greatest. In terms of muscle morphology of the amputee racer, a significant hypertrophy of the BF and vastus lateralis was observed compared to the non-disabled racers. The well-developed BF was considered to be related to the large activity during the turn performed with the outside edge of the ski.

scholarly journals The right to a safe environment and the Chevron case: a new piece of the puzzle on the relationship between the environment and foreign investments

2019 ◽  
Vol 1 (2) ◽  
pp. 4
Author(s):  
Giulia D’Agnone
Keyword(s):  
Environmental Law ◽  
Environmental Policies ◽  
Environmental Issue ◽  
International Environmental Law ◽  
Foreign Investments ◽  
Safe Environment ◽  
The Right ◽  
The Relationship

This work aim to analyze the relationship between the foreign investiments and the Environmental Law. For it, it is questioned about the role of the International Environmental Law, having in account that the Treaties of Investiment, both bilateral and multilateral, have only recently started to embrace the environmental issue, generally in its preambles. In that sense, it is examined the factors that contribute to this situation, as far as the role of the States in the execution of environmental policies affected by clauses contained in such treaties and of the Tribunals of Investments to whom disputes are directed.

scholarly journals RELASI KUASA PADA PERNIKAHAN POLIGAMI DALAM PERSPEKTIF KEKERASAN SIMBOLIK

2021 ◽  
Vol 1 (1) ◽  
pp. 40-66
Author(s):  
Maulana Hazmi
Keyword(s):  
Capital Accumulation ◽  
Symbolic Capital ◽  
Case Study Method ◽  
Literature Study ◽  
The Family ◽  
The Right ◽  
The Relationship ◽  
Depth Interviews ◽  
Husband And Wife

This research is based on the researcher's interest in how the relationship between men and women in polygamous marriages. This study aims to describe what makes women willing to be polygamous and what kind of relationship exists between husband and wife in a polygamous family. This research uses a qualitative approach with a case study method. Data collection techniques used are through observation techniques, in-depth interviews, documentation and literature study on related documents. The results showed that in a polygamous family there is a discourse battle, this discourse battle is won by the husband, so that the husband has the right to determine the values ​​used in the family. In polygamous marriages, religion is used and believed to be the dominant discourse. Capital accumulation also affects the position of husband and wife in the family, including economic, social, cultural and symbolic capital. This form of domination carried out by the husband and not being aware of the domination by the wife who works subtly is called by Bourdieu as a form of symbolic violence.

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