1,720,975 research outputs found
The Impact of investment treaties on the rule of law in India
No full textThis chapter looks at the internalisation of investment treaties over time in India. Despite having a massive investment treaty programme, investment treaties have only recently come to occupy an important place in discussions of national governance in India. This chapter examines whether this increased attention to investment treaties has led to increased internalisation. This chapter finds a disconnect between an increase in the political salience of investment treaties and a general lack of internalisation in government decision making. While awareness about investment treaties and investment treaty arbitration in India has increased following its loss of a number of cases brought by foreign investors, India has still not been able to internalise the impact and ramifications of investment treaties. That said, there is evidence of some, limited spill-over effect within government, as a number of specialised government bodies, such as the Law Commission of India and several other expert committees, have identified the importance and need to internalise investment treaties in their various reports
The role of preferential trade agreements in international investment policy
Get PDFPreferential trade agreements have played an important role in the evolution of international investment policy. Indeed the emergence of international investment policies over the last half century or more can be best described as a multilevel process. Policies and rules have been shaped by initiatives at all levels starting from top-down multilateral efforts and ranging through, plurilateral, regional and bilateral initiatives to unilateral actions. Bilateral investment treaties and more recently bilateral comprehensive trade and investment agreements have had a major impact, but these must still be seen in the context of broader plurilateral and regional initiatives. The current debate is shaped by a renewed belief that preferential initiatives will further international, meaning global, investment rules. There are regional (such as the Trans-Pacific Partnership), plurilateral (such as the International Services Agreement) and bilateral initiatives (such as the shape of the Transatlantic Trade and Investment Partnership). But such recent policy developments really confirm the multilevel nature of investment policy and the fact that the choice of level is largely shaped by the strategic interests of key agents
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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通过世贸组织《投资促进发展协定》支持预防投资者与国家争端的意外机会
Get PDFThis Perspective explores the implications for the home countries of large MNEs of the agreement reached by over 140 countries in 2021 to enact a corporate minimum tax of 15%. It argues that the corporate minimum tax complements the trend to reduce the negative impact of unfettered globalization on labor, and it protects the ability of home countries to finance a robust social safety net. Home countries should adopt the corporate minimum tax, and that includes the US, which last year failed to adapt its Global Intangible Low-Taxed Income approach to the corporate minimum tax
The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties
No full textThis chapter focuses on the principle of proportionality, examining its potential
to act as a unifying guiding framework for the application and interpretation of
investment treaties. It addresses threshold concerns about the legitimacy of
introducing without state consent a concept that is not a general principle of
law or customary norm, and then addresses whether proportionality can really be
used to develop coherent treaty interpretations in the absence of fundamental
agreement on questions regarding the relative strength of the rights and
interests to be balanced in the analysis. It also considers the potential
inutility of proportionality as a mode of analysis without agreement on the
standard of review employed by tribunals in their application of a
proportionality standard.</p
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Unexpected opportunities to support investor-state dispute prevention through the WTO Investment Facilitation for Development Agreement
Get PDFMechanisms to avoid investment treaty disputes are an increasing priority for states. States often struggle, however, to develop evidence-based mechanisms due to a lack of information regarding the risks created by the operation of their administrative institutions. The self-assessment process of the WTO Investment Facilitation for Development Agreement provides states with a unique opportunity to develop information to strengthen dispute prevention efforts
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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