The over- and under-enforcement of anti-corruption law in investment disputes and international development

2020 ◽  
Vol 9 (2) ◽  
pp. 264-293
Author(s):  
Andrew T Bulovsky
Keyword(s):  
International Development ◽  
International Investment ◽  
The State ◽  
Supply Side ◽  
Demand Side ◽  
Local Courts ◽  
Multiple Jurisdictions

Since the early 2000s, anti-corruption enforcement has become increasingly entangled with international investment. This entanglement has created a paradox: the simultaneous over- and under-enforcement of anti-corruption law. Over-enforcement occurs when authorities from multiple jurisdictions subject companies to duplicative enforcement actions and disproportionate penalties for the same underlying conduct. Under-enforcement occurs when local courts and arbitral tribunals insulate the demand side of corruption from liability by failing to exercise jurisdiction over corruption-tainted disputes. Both over- and under-enforcement result in part from unilateralism, whereby States pursue their own interests at the expense of international legal objectives. The over- and under-enforcement of international anti-corruption law undermines anti-corruption law itself, makes investment riskier in developing States and inhibits developmental objectives. To correct for over-enforcement, this article proposes formal commitments from States that the State with the strongest jurisdictional ties to a corruption scandal retains investigative priority. To correct for under-enforcement, this article suggests that local courts and arbitral tribunals invoke equitable estoppel to accept jurisdiction over corruption-tainted disputes and use a contributory-fault approach to hold both the supply side and the demand side of corruption accountable. These solutions would likely prove efficacious in agreements between States and contracts between States and potential investors. Ultimately, this article frames anti-corruption enforcement trends in the context of unilateralism and discusses practicable solutions for a more proportional anti-corruption law regime.

Die ‚Corruption Defence‘ des Gaststaats in internationalen Investitionsschiedsverfahren

2021 ◽  
Author(s):  
Alexander Bothe
Keyword(s):  
Zero Tolerance ◽  
International Investment ◽  
Supply Side ◽  
Demand Side ◽  
Government Officials ◽  
Host State ◽  
Tolerance Strategy ◽  
Investment Arbitration ◽  
Legal Consequences

The study examines the legal consequences in the context of international investment arbitration proceedings if it is proven that the investment at issue was procured by corruption. The study critically examines the prevailing zero tolerance strategy of arbitral tribunals, according to which claims in connection with corrupt investments will always be dismissed. The author argues for the admissibility of claims in corruption cases in order to enable arbitrators to render awards that not only take account of the supply side of corruption but also of the demand side on the part of government officials of the host state.

Protecting Power

Mapping Power ◽  
2018 ◽  
pp. 215-236
Author(s):  
Ashwini K. Swain
Keyword(s):  
Renewable Energy ◽  
Status Quo ◽  
The State ◽  
Supply Side ◽  
Demand Side ◽  
Agrarian Economy ◽  
Economic Significance ◽  
The Status ◽  
Potential Benefits

Punjab is a high-income state with a predominantly agrarian economy, the first in India to achieve universal village electrification and household access. Promises of free power for farmers came at a time when electricity constituted a substantial input in farm costs. Now, though, even as the economic significance of the subsidy has fallen and free power yields few electoral gains, no party in the state can risk eliminating the subsidy. In addition to cross-subsidy from industrial consumers, paying consumers are also charged increasing levels of cess and duties to balance the high cost of subsidies. Populist inertia strains the ability of any one actor to break from the status quo. On the supply-side, high-cost, long-term contracts signed over the last five years with private generators have curtailed the potential benefits of demand-side management (since far from curbing demand, the utility needs to encourage it) and renewable energy (with a supply glut, no one has an appetite for new sources of energy, however virtuous they may be).

Application of a Tax to E-Commerce Deliveries in Barcelona

2021 ◽  
pp. 036119812110124
Author(s):  
Genís Majoral ◽  
Francesc Gasparín ◽  
Sergi Saurí
Keyword(s):  
Cost Benefit Analysis ◽  
Cost Benefit ◽  
Supply Side ◽  
Environmental Tax ◽  
Positive Outcomes ◽  
Demand Side ◽  
Benefit Analysis ◽  
Revenue Collection ◽  
Last Mile ◽  
The Impact

The number of e-commerce transactions is increasing worldwide. Deliveries of goods purchased online generate externalities throughout the whole supply chain and, particularly, the increasing concern about the last-mile distribution of goods. The escalating presence of vans in cities contributes to poor air quality, climate change, noise, and congestion. So far, the majority of solutions to address this issue are based on the supply side, such as electric vans, optimizing the routing and pick-up-points, and so forth. Even in other transport sectors, pricing solutions are well known, yet they have not been extended to e-commerce delivery. This paper aims to propose an environmental tax falling on the demand side and equaling the externalities from this activity. The analysis has been particularized for the case of Barcelona. A cost–benefit analysis to assess the impact of such a tax has been carried out. When revenue collection is reinvested in the logistics sector, and for subsidizing electric distribution vehicles, the results indicate that the levying of the tax can generate positive outcomes.

scholarly journals The position of the farm holiday in Austrian tourism

2019 ◽  
Vol 4 (1) ◽  
pp. 697-711 ◽  
Author(s):  
Erika Quendler
Keyword(s):  
Empirical Research ◽  
Relative Position ◽  
Secondary Data ◽  
Point Of View ◽  
Local Context ◽  
Supply Side ◽  
Data Sets ◽  
Demand Side ◽  
Tourist Destinations ◽  
Tourist Accommodation

AbstractTourism is vitally important to the Austrian economy. The number of tourist destinations, both farms and other forms of accommodation, in the different regions of Austria is considerably and constantly changing. This paper discusses the position of the ‘farm holiday’ compared to other forms of tourism. Understanding the resilience of farm holidays is especially important but empirical research on this matter remains limited. The term ‘farm holiday’ covers staying overnight on a farm that is actively engaged in agriculture and has a maximum of 10 guest beds. The results reported in this paper are based on an analysis of secondary data from 2000 and 2018 by looking at two types of indicator: (i) accommodation capacity (supply side) and (ii) attractiveness of a destination (demand side). The data sets cover Austria and its NUTS3 regions. The results show the evolution of farm holidays vis-à-vis other forms of tourist accommodation. In the form of a quadrant matrix they also show the relative position of farm holidays regionally. While putting into question the resilience of farm holidays, the data also reveals where farm holidays could act to expand this niche or learn and improve to effect a shift in their respective position relative to the market ‘leaders’. However, there is clearly a need to learn more about farm holidays within the local context. This paper contributes to our knowledge of farm holidays from a regional point of view and tries to elaborate on the need for further research.

ANALYZING THE RELATIVE INFLUENCE OF SUPPLY SIDE, DEMAND SIDE AND REGULATORY FACTORS ON THE SUCCESS OF COLLABORATIVE ENERGY INNOVATION PROJECTS

2016 ◽  
Vol 20 (02) ◽  
pp. 1650029 ◽  
Author(s):  
ALEXANDRA RESE ◽  
ANKE KUTSCHKE ◽  
DANIEL BAIER
Keyword(s):  
Structural Equation ◽  
Success Factors ◽  
Relative Influence ◽  
Equation Modeling ◽  
Supply Side ◽  
Demand Side ◽  
Firm Level ◽  
Regulatory Factors ◽  
Innovation Projects ◽  
Energy Innovation

The analysis of the importance of supply side and demand side factors with regard to innovative behavior is quite old. In this paper, these two categories are used to distinguish and examine the relevance of several success factors for collaborative innovation projects on the firm level in the German energy sector. The literature emphasizes that solving environmental problems requires extensive technological change. On the other hand, due to higher prices the market push is weaker. Regulatory factors are therefore designed to stimulate environmental innovations. The relative influence of these three categories on project performance is investigated on the basis of a sample of 128 German collaborative energy innovation projects in the development phase using a scale-based approach and structural equation modeling at the firm level. The results confirm the importance of supply side factors followed by demand side factors. In contrast to literary assumptions, R&D subsidies played no significant role.

scholarly journals Causal Relations of Upscaled Urban Aquaponics and the Food-Water-Energy Nexus—A Berlin Case Study

Water ◽  
2021 ◽  
Vol 13 (15) ◽  
pp. 2029
Author(s):  
Gösta F.M. Baganz ◽  
Manfred Schrenk ◽  
Oliver Körner ◽  
Daniela Baganz ◽  
Karel J. Keesman ◽  
...  
Keyword(s):  
Urban Areas ◽  
Causal Link ◽  
Supply Side ◽  
Demand Side ◽  
Annual Fish ◽  
Causal Relations ◽  
Water Energy Nexus ◽  
Facility Level ◽  
Predominant Effect

Aquaponics, the water-reusing production of fish and crops, is taken as an example to investigate the consequences of upscaling a nature-based solution in a circular city. We developed an upscaled-aquaponic scenario for the German metropolis of Berlin, analysed the impacts, and studied the system dynamics. To meet the annual fish, tomato, and lettuce demand of Berlin’s 3.77 million residents would require approximately 370 aquaponic facilities covering a total area of 224 hectares and the use of different combinations of fish and crops: catfish/tomato (56%), catfish/lettuce (13%), and tilapia/tomato (31%). As a predominant effect, in terms of water, aquaponic production would save about 2.0 million m3 of water compared to the baseline. On the supply-side, we identified significant causal link chains concerning the Food-Water-Energy nexus at the aquaponic facility level as well as causal relations of a production relocation to Berlin. On the demand-side, a ‘freshwater pescatarian diet’ is discussed. The new and comprehensive findings at different system levels require further investigations on this topic. Upscaled aquaponics can produce a relevant contribution to Berlin’s sustainability and to implement it, research is needed to find suitable sites for local aquaponics in Berlin, possibly inside buildings, on urban roofscape, or in peri-urban areas.

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