The proportionality of provisional measures in ICSID arbitration

2021 ◽  
Vol 10 (1) ◽  
pp. 121-142
Author(s):  
Jefferi Hamzah Sendut
Keyword(s):  
Tax Enforcement ◽  
Criminal Investigations ◽  
Investment Protection ◽  
Potential Impact ◽  
Scholarly Attention ◽  
Do So

International Centre for the Settlement of Investment Disputes (ICSID) tribunals increasingly regard proportionality as a requirement for the indication of provisional measures. While proportionality's relevance to the application of substantive investment protection standards has received significant scholarly attention, less discussed is proportionality's potential impact in the provisional measures context. In light of proposals raised in the ongoing ICSID Rules Amendment Project to codify a requirement of proportionality for provisional measures, this article analyses how proportionality might be used to address State concerns regarding the effect of provisional measures on their sovereign prerogatives. It argues that the proportionality requirement's codification could meaningfully alter the approach of ICSID tribunals to provisional measures in a way which is valuable to States, but which remains fair to investors. To do so, this article outlines specifically what is meant by the ‘proportionality requirement’ in the context of the ICSID provisional measures framework, as well as the concerns which have animated State comments regarding its proposed codification in the ICSID Rules (Section 2). This article then contends that the proposed codification has the potential to meet State concerns at little cost to investors (Section 3). In order to illustrate the point, ICSID tribunals’ treatment of requests for the suspension of domestic tax enforcement is contrasted against their treatment of requests for the suspension of criminal investigations or proceedings.

scholarly journals Institutionalized Ambiguity in Legal Status: Managing Citizenship in the U.S. Imperial Rule of the Philippines

2018 ◽  
Author(s):  
Katrina Quisumbing King
Keyword(s):  
Legal Status ◽  
The Philippines ◽  
The Political ◽  
Administrative Capacity ◽  
Law And Policy ◽  
State Actors ◽  
Political Realm ◽  
The U.S ◽  
Scholarly Attention ◽  
Do So

A perennial question in the scholarship of the state asks how states rule and expand their capacity to do so. Scholars have paid special attention to activities that rationalize and build administrative capacity, known as legibility projects. Alongside these projects, state actors also rule through ambiguous and unclear techniques that have been given less scholarly attention. I introduce the concept of institutionalized ambiguity in legal status to extend the study of state rule. I ask what generates ambiguity, what purposes it serves in law and policy, and what consequences it has for the management of populations. I propose an analytic approach that draws attention to equivocation in law as enabling classificatory debates and discretion in the political realm. To illustrate the purchase of institutionalized ambiguity in legal status, I analyze how, during the years of formal imperial rule (1898-1946), U.S. state actors debated the racial fitness and membership of Filipinos in the imagined U.S. nation. I consider the broader implications of this analysis for scholars of modern state formation and suggest that foundational conflicts over national identity can be institutionalized in law, in turn facilitating a range of contradictory, but co-existing, legally defensible policies.

‘To be or not to be’: Hamlet’s Humanistic Quaestio

2019 ◽  
Vol 70 (296) ◽  
pp. 640-658
Author(s):  
Vanessa Lim
Keyword(s):  
Rhetorical Theory ◽  
The Subject ◽  
The Right ◽  
The University ◽  
Scholarly Attention ◽  
Do So

Abstract Hamlet’s ‘To be or not to be’ speech has long been the subject of intense scholarly attention. By situating the speech against the backdrop of classical and Renaissance rhetorical theory, this essay demonstrates that there is still much more to be said about it. The speech ostensibly examines a quaestio infinita or a thesis, and follows the rhetorical rule that the right way to do so is by the invocation of commonplaces. This reading of Hamlet’s speech is not only consistent with Shakespeare’s characterization of the university-educated prince, who frequently invokes commonplaces, but also has significant implications for our understanding of the play and Shakespeare’s own practice as a writer. The book that Hamlet is reading could well be his own commonplace collection, and it is perhaps in looking up his entries under the heading of ‘Death’ that Hamlet finds what he needs in order to examine his quaestio.

scholarly journals Social impact bonds and fast policy: Analyzing the Australian experience

2020 ◽  
pp. 0308518X2094152
Author(s):  
Jacob Broom
Keyword(s):  
Social Services ◽  
Social Impact ◽  
Document Analysis ◽  
Impact Investing ◽  
Political Debates ◽  
Social Impact Bonds ◽  
Australian Experience ◽  
The Uk ◽  
Scholarly Attention ◽  
Do So

Social impact bonds (SIBs) are attracting an increasing amount of critical scholarly attention. As an outcomes-based mechanism for financing social services, SIBs financialize social policy through the logic of impact investing. Responding to calls for attention to the politics of SIBs’ development, and breaking with the literature’s focus on cases from the UK and USA, this article explores the emergence of SIBs in Australia. It employs the concept of “fast policy,” which theorizes why and how policies move across borders, and describes the contemporary conditions that enable them to do so. Using document analysis, the article explores the discursive devices and practices used to justify the “pulling in” of SIBs to states in Australia. It finds that key actors in the Australian social impact world justified SIBs’ adoption using their synergy with powerful, popular policy discourses and practices, rather than engaging in political debates about their desirability. The Australian experience illuminates the power of intermediaries and the investors they represent over the design and proliferation of SIBs, as well as the roles played by austerity politics, policy experimentalism, and fast policy infrastructures in producing a context in which SIBs could be made real.

scholarly journals Assimilation of ground versus lidar observations for PM<sub>10</sub> forecasting

2013 ◽  
Vol 13 (1) ◽  
pp. 269-283 ◽  
Author(s):  
Y. Wang ◽  
K. N. Sartelet ◽  
M. Bocquet ◽  
P. Chazette
Keyword(s):  
Data Assimilation ◽  
Western Europe ◽  
Sensitivity Study ◽  
Optimal Interpolation ◽  
Temporal Influence ◽  
Potential Impact ◽  
Ground Based Lidar ◽  
Observing System Simulation Experiment ◽  
Lidar Observations ◽  
Do So

Abstract. This article investigates the potential impact of future ground-based lidar networks on analysis and short-term forecasts of particulate matter with a diameter smaller than 10 μm (PM10). To do so, an Observing System Simulation Experiment (OSSE) is built for PM10 data assimilation (DA) using optimal interpolation (OI) over Europe for one month from 15 July to 15 August 2001. First, using a lidar network with 12 stations and representing the "true" atmosphere by a simulation called "nature run", we estimate the efficiency of assimilating the lidar network measurements in improving PM10 concentration for analysis and forecast. It is compared to the efficiency of assimilating concentration measurements from the AirBase ground network, which includes about 500 stations in western Europe. It is found that assimilating the lidar observations decreases by about 54% the root mean square error (RMSE) of PM10 concentrations after 12 h of assimilation and during the first forecast day, against 59% for the assimilation of AirBase measurements. However, the assimilation of lidar observations leads to similar scores as AirBase's during the second forecast day. The RMSE of the second forecast day is improved on average over the summer month by 57% by the lidar DA, against 56% by the AirBase DA. Moreover, the spatial and temporal influence of the assimilation of lidar observations is larger and longer. The results show a potentially powerful impact of the future lidar networks. Secondly, since a lidar is a costly instrument, a sensitivity study on the number and location of required lidars is performed to help define an optimal lidar network for PM10 forecasts. With 12 lidar stations, an efficient network in improving PM10 forecast over Europe is obtained by regularly spacing the lidars. Data assimilation with a lidar network of 26 or 76 stations is compared to DA with the previously-used lidar network. During the first forecast day, the assimilation of 76 lidar stations' measurements leads to a better score (the RMSE decreased by about 65%) than AirBase's (the RMSE decreased by about 59%).

Exploring CETA’ s Relation to Environment Law

elni Review ◽  
2016 ◽  
pp. 46-53
Author(s):  
Delphine Misonne
Keyword(s):  
Environmental Law ◽  
Trade Agreement ◽  
The European Union ◽  
Specialized Knowledge ◽  
Investment Protection ◽  
Environmental Treaty ◽  
Policy Objectives ◽  
Potential Impact ◽  
Definition Of ◽  
Gatt 1994

This article gives an introduction on the potential impact of CETA on environmental law. CETA – The Comprehensive Economic and Trade Agreement negotiated between Canada, the European Union and its 28 Member States, still awaiting ratification – is likely to have an impact on environmental law, even if it cannot be categorized as an environmental treaty. CETA provides a definition of what environmental law means, it mentions that “it is inappropriate to encourage trade or investment by weakening the levels of protection afforded in their environmental law,” it establishes a panel of experts which must have specialized knowledge or expertise in environmental law, it reaffirms “the rights of the Parties to regulate to achieve legitimate policy objectives, such as the protection of public health and the environment,” it mentions that “Parties are committed to high levels of protection for the environment” but also adds that this is “in accordance to the TBT Agreement, the SPS Agreement, the GATT 1994, the GATS and this Agreement,” it contains a whole chapter on ‘Trade and Sustainable Development’ and a whole chapter on ‘Trade and Environment.’ But the question must be asked of whether it sufficiently captures and accommodates the possible confrontation between a trade vision and an investment-protection vision. In that regard, scholarship and UNEP have been long quite clear that the transition towards a greener economy, even if fully WTO-consistent, could include considerable drawbacks from the application of investment disciplines – through the possible award of substantial amounts in damages. CETA seeks definitely to carve out more space for environmental regulation within investment disciplines, but does it go far enough?

Youth comprehension of political messages in YouTube videos

2015 ◽  
Vol 19 (4) ◽  
pp. 522-541 ◽  
Author(s):  
Benjamin T Bowyer ◽  
Joseph E Kahne ◽  
Ellen Middaugh
Keyword(s):  
Immigration Policy ◽  
Online Survey ◽  
Political Knowledge ◽  
Prior Beliefs ◽  
Political Messages ◽  
Political Communications ◽  
Incidental Exposure ◽  
Youtube Videos ◽  
Potential Impact ◽  
Do So

This article investigates the extent to which young people are able to comprehend the political messages contained in satirical videos that circulate online. We do so through an analysis of responses to videos embedded within an online survey of 15- to 25-year-olds ( N = 2070) conducted in 2011. Respondents were randomly assigned to view one of two short, humorous YouTube videos relating to immigration policy and were then asked questions that tested their comprehension of what they had seen. Substantial proportions of our sample were unable to answer these correctly. Further analysis indicates that individuals’ levels of political knowledge and their predisposition to agree with the message contained in the video are strong predictors of comprehension. These findings indicate that the potential impact of incidental exposure to online political communications is smaller than many scholars have assumed, particularly when the message is inconsistent with the viewer’s prior beliefs.

scholarly journals Assimilation of ground versus lidar observations for PM<sub>10</sub> forecasting

2012 ◽  
Vol 12 (9) ◽  
pp. 23291-23331
Author(s):  
Y. Wang ◽  
K. N. Sartelet ◽  
M. Bocquet ◽  
P. Chazette
Keyword(s):  
Western Europe ◽  
Sensitivity Study ◽  
Optimal Interpolation ◽  
Short Term ◽  
Temporal Influence ◽  
Potential Impact ◽  
Ground Based Lidar ◽  
Observing System Simulation Experiment ◽  
Lidar Observations ◽  
Do So

Abstract. This article investigates the potential impact of future ground-based lidar networks on analysis and short-term forecasts of particulate matter with a diameter smaller than 10 μg m−3 (PM10). To do so, an Observing System Simulation Experiment (OSSE) is built for PM10 data assimilation (DA) using optimal interpolation (OI) over Europe for one month in 2001. First, using a lidar network with 12 stations, we estimate the efficiency of assimilating the lidar network measurements in improving PM10 concentration analysis and forecast. It is compared to the efficiency of assimilating concentration measurements from the AirBase ground network, which includes about 500 stations in Western Europe. It is found that assimilating the lidar observations decreases by about 54% the root mean square error (RMSE) of PM10 concentrations after 12 h of assimilation and during the first forecast day, against 59% for the assimilation of AirBase measurements. However, the assimilation of lidar observations leads to similar scores as AirBase's during the second forecast day. The RMSE of the second forecast day is improved on average over the summer month by 57% by the lidar DA, against 56% by the AirBase DA. Moreover, the spatial and temporal influence of the assimilation of lidar observations is larger and longer. The results show a potentially powerful impact of the future lidar networks. Secondly, since a lidar is a costly instrument, a sensitivity study on the number and location of required lidars is performed to help defining an optimal lidar network for PM10 forecast. With 12 lidar stations, an efficient network in improving PM10 forecast over Europe is obtained by regularly spacing the lidars. DA with a lidar network of 26 or 76 stations is compared to DA with the previously-used lidar network. The assimilation of 76 lidar stations' measurements leads to a better score than AirBase's during the forecast days.

scholarly journals Evidence Of Method Effects In Budget-Related Behavior Research

2011 ◽  
Vol 1 (12) ◽  
Author(s):  
Alfred E. Seaman ◽  
John J. Williams
Keyword(s):  
Control Systems ◽  
Response Bias ◽  
Structural Equation ◽  
Survey Questionnaire ◽  
Future Studies ◽  
Budgetary Control ◽  
Method Effects ◽  
Potential Impact ◽  
Systematic Response ◽  
Do So

Research has revealed numerous budget-related behavior (BRB) dimensions that describe managers actions and interactions with their budgetary control systems. This research has been conducted using a survey questionnaire methodology. However, those responding to the questionnaires may do so on a basis other than the specific item content. This paper uses a structural equation approach to investigate systematic response bias in BRB survey type research. Data from Singaporean companies is used to test for the presence of response bias and results confirm this expectation. The implication is that future studies in this context should investigate the structure and potential impact of response bias.

A Hesitant Embrace: The Application of International Law by Canadian Courts

2003 ◽  
Vol 40 ◽  
pp. 3-60 ◽  
Author(s):  
Jutta Brunnée ◽  
Stephen J. Toope
Keyword(s):  
International Law ◽  
International Norms ◽  
Legal Order ◽  
Legal Effect ◽  
Potential Impact ◽  
Treat All ◽  
The Relationship ◽  
Domestic Law ◽  
Over Time ◽  
Do So

SummaryCanadian courts are approaching the task of mediating the relationship between international law and domestic law with newfound energy. Yet, for all their declared openness to international law, courts are still inclined to avoid deciding cases on the basis of international law. This does not mean that international law is given no effect or that its broad relevance is denied. The avoidance strategy is more subtle: even when they invoke or refer to international law, Canadian courts generally do not give international norms concrete legal effect in individual cases. Although international law is brought to bear on a growing range of questions, its potential impact is tempered — and we fear largely eviscerated — because it is merely one factor in the application and interpretation of domestic law. Within the Canadian legal order the question of “bindingness” of international law is closely intertwined with the manner in which it comes to influence the interpretation of domestic law. In the case of norms that are binding on Canada under international law, Canadian courts have an obligation to interpret domestic law in conformity with the relevant international norms, as far as this is possible. By contrast, norms that do not bind Canada internationally (for example, soft law or provisions of treaties not ratified by Canada) can help inform the interpretation of domestic law and, depending on the norm in question and the case at issue, may even be persuasive. Courts may, and in some cases should, draw upon such norms for interpretative purposes, but they are not strictly speaking required to do so. However, especially following the Supreme Court’s decision inBaker, there appears to be a trend towards treating all of international law, whether custom or treaty, binding on Canada or not, implemented or unimplemented, in the same manner — as relevant and perhaps persuasive, but not as determinative, dare we say obligatory. Our concern is that if international law is merely persuasive, it becomes purely optional, and can be ignored at the discretion of the judge. We argue that it is not enough to treat all normative threads in this fashion — over time this approach risks weakening the fabric of the law.

scholarly journals Estimating reflectivity values from wind turbines for analyzing the potential impact on weather radar services

2015 ◽  
Vol 8 (2) ◽  
pp. 1477-1509
Author(s):  
I. Angulo ◽  
O. Grande ◽  
D. Jenn ◽  
D. Guerra ◽  
D. de la Vega
Keyword(s):  
Wind Turbine ◽  
Wind Turbines ◽  
Wind Farm ◽  
Weather Radar ◽  
Radar Signal ◽  
Weather Radars ◽  
Potential Impact ◽  
Processing Techniques ◽  
Signal Processing Techniques ◽  
Do So

Abstract. The World Meteorological Organization (WMO) has repeatedly expressed concern over the increasing number of impact cases of wind turbine farms on weather radars. Since nowadays signal processing techniques to mitigate Wind Turbine Clutter (WTC) are scarce, the most practical approach to this issue is the assessment of the potential interference from a wind farm before it is installed. To do so, and in order to obtain a WTC reflectivity model, it is crucial to estimate the Radar Cross Section (RCS) of the wind turbines to be built, which represents the power percentage of the radar signal that is backscattered to the radar receiver. This paper first characterizes the RCS of wind turbines in the weather radar frequency bands by means of computer simulations based on the Physical Optics theory, and then proposes a simplified model to estimate wind turbine RCS values. This model is of great help in the evaluation of the potential impact of a certain wind farm on the weather radar operation.

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