Data Localization and the National Treatment Obligation in International Investment Treaties

Data localization hurts foreign investment and brings potential economic advantages to domestic corporations relative to foreign corporations. This leads to the argument that data localization violates the national treatment principle in international investment treaties. By applying the ‘three-step’ approach to assess the legality of data localization with respect to the national treatment principle, this article finds that the legality of data localization depends on certain circumstances, including the domestic catalogues of foreign investment, the definition of data localization in domestic legislation, and whether international investment treaties explicitly or implicitly incorporate data protection through exceptions for the protection of the state's essential security interests, public order, or public morals. China's acceleration of its legislation processes to regulate cross-border data transfer has significant implications for the negotiations and modifications of Chinese international investment treaties.

North Macedonia: Politics versus Policy of EU Integration

The accession of North Macedonia to the European Union (EU) has been at an impasse for 27 years due to the political dispute with Greece. In 2018, its resolution fuelled hopes that North Macedonia would finally start negotiations with the EU. Unfortunately, there was a new obstacle, as Bulgaria vetoed the talks in December 2020. Implicit to the latest political backlog, the efforts for further EU integration should be focused on the available policy instruments. The Stabilisation and Association Agreement (SAA) is a legally binding document which has already enabled trade liberalisation between the parties, stipulates the national treatment of business entities on the basis of reciprocity, aims for full liberalisation of capital and financial flows, and also provides other opportunities for integration. Placing the SAA in the spotlight of the mutual relations between the parties, based on proactivity from North Macedonia, could provide the impetus for more substantial EU integration of the country, despite the political stagnation of the process.

Comparative Analysis of Bilateral Investment Treaties of the Russian Federation

The paper analyzes bilateral investment treaties, one of the parties to which is Russia. The article compares the provisions contained in the 1992 and 2001 model agreements of Russia, as well as the provisions of the 2016 Regulations. The concepts of “foreign investor” and “investment” are considered, discrepancies in the concepts and wording used in treaties with different states are revealed. In a comparative aspect, the authors explore the operation of treaties over time, the use of the standard of fair and equal treatment, and the application of provisions on expropriation. The features of the formulation of the national treatment standard and the most favored nation treatment standard, as well as the umbrella clause are revealed.

Estimating need for alcohol treatment in Ireland using national treatment surveillance data

Background International evidence indicates that about 10% of people with alcohol dependence will seek and commence treatment each year. Based upon Irish estimates of prevalence of dependence, a target of 690.0 treated cases per 100,000 population per annum is expected. Aims This study analyses routine national surveillance data on alcohol treatment to measure how treatment need is being met. Methods National treatment surveillance data on problem alcohol use collected by the National Drug Treatment Reporting System (NDTRS) were analysed. The study included cases resident in Ireland, aged 18–64 years entering treatment for alcohol use disorder (AUD) between 2015 and 2019 (n = 44,079). Treatment rates were calculated per 100,000 of the population. Descriptive and exploratory statistics were used to describe characteristics of cases treated. Results National rate of treated AUD was 270 cases per 100,000 annually, with a rate of treated alcohol dependence of 165/100,000. There was a fivefold difference between the lowest and highest rates (119 cases per 100,000 in Meath versus 633 in Waterford). Drinking patterns indicate high levels of alcohol consumption and prolonged use prior to treatment. The use of other drugs alongside alcohol was common. Conclusions Despite high rates of alcohol consumption and dependence, the rate of treatment entry nationally is sub-optimal, although there are wide geographic variations. There is a need to better understand the reasons for low treatment entry rates in Ireland for people with alcohol dependence. Monitoring and surveillance play a key role in measuring the successful efforts to reduce the harm of alcohol.

3 Relationship with other Areas of International Law

This chapter discusses the interaction of the international tax regime with other international law disciplines such as trade law, investment treaty law, and human rights law. Moreover, it contains an overview of tax rules in non-tax agreements such status of force agreements or headquarter agreements signed by host states with international organizations. The goal is to outline how these other legal regimes influence the international tax regime. The most obvious example is trade law as it limits the legislative leeway of states in tax matters in various ways. In particular, obligations derived from most-favoured nation and national treatment clauses are of great importance for tax policy and will be discussed in detail. But also, investment treaties provide for several policy limitations. In order to outline the interaction between trade law, investment treaty law, and the international tax regime, reference is made so several decisions of international courts.

HIV program outcomes for Jamaica before and after “Treat All”: A population-based study using the national treatment services database

Objective The study aims to assess changes in HIV treatment outcomes for Jamaica after the implementation of the WHO Treat All strategy in January 2017, as well as identify variables associated with clinical stage at diagnosis and viral load status, in order to understand implications for enhancing the HIV clinical cascade and boosting progress towards the UNAIDS 90-90-90 targets. Method This is a population-based study using the National Treatment Service Information System. The sample consists of persons 15 years and older, placed on treatment before and after Treat All was implemented, across all 4 regional health authorities in Jamaica. Patients were assessed for two binary outcomes: 1. stage at HIV diagnosis (early/baseline CD4 cell count ≧350 cells/mm3, or late/ baseline CD4 <350 cells/mm3), 2. viral load status achieved after ART initiation (suppressed/<1000 copies/ml or non-suppressed/ ≥1000 copies/ml). Categorical variables: age/years, gender and health regions, were investigated using multivariable logistic regression. Adjusted odds ratios and 95% confidence intervals are reported. Results After Treat All, there was an increase in median baseline CD4 results as the proportion of late diagnoses decreased from 60% to 39%. There was a small increase in viral suppression from 76% to 80%, a decrease in baseline viral load testing from 61% to 46% and an increase in the uptake of first viral load testing after starting treatment from 13% to 19%. Males and persons 40+ years had higher odds of late diagnosis before and after Treat All. Conclusion Jamaica’s HIV program outcomes have improved after Treat All was implemented. ART initiation time significantly decreased. Early diagnosis, viral load testing uptake and viral suppression increased. However, there is a need to implement targeted testing for men and persons over 40 years to decrease the frequency of late diagnosis.