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PROVISIONAL MEASURES IN INTERNATIONAL INVESTMENT ARBITRATION
Full text linkThe thesis deals with provisional measures in one of the fastest-growing areas of public international law, namely international investment law and arbitration.
Since to the best of my knowledge no monograph has ever been devoted thereto, my task in structuring this dissertation was at the same time easy (I was completely free to choose) and difficult (there was no extensive study to which I could refer). Moreover, the fact that this topic is a moving target, as I demonstrated in my study, rendered my task more complicated and fascinating. Therefore, this thesis constitutes a very personal endeavour, since it aims at representing the current state of my topic as it appeared to me throughout these three years.
After presenting the investment framework with a broad angle (Chapter one), the analysis proceeds through the adoption of a differentiated approach: in Chapter two I firstly draw on the history of the interpretation and application of provisional measures in inter-State and State-private international adjudication (Section one) and, secondly, address these measures from a comparative perspective inscribed in public international law adjudication (Section two). Indeed, in my opinion the choice of comparing the arbitral provisional power in international investment arbitration and international commercial arbitration would have been a wrong one, for two series of reasons, which can be briefly summarised as follows:
- The sovereign nature of one of the parties determines a fundamental difference between the two frameworks, causing that group of disputes to be inscribed in public international law adjudication, which merely share with international commercial arbitration the dispute settlement tool;
- As a corollary, contrary to international commercial arbitral case law, investment arbitral case law is perfectly able to influence (and to be influenced by) consolidation, divergence and development of public international law, constituting one of its sources under the terms of Art. 38 (1) lett. d) of the ICJ Statute.
Chapter three is devoted to the current state of provisional measures in international investment arbitration. Section one addresses their specific features, namely legal force and exclusive / concurrent jurisdiction to rule upon them. Thereafter, Section two focuses on conditions, purposes and atypicalness of recourse thereto (in the effort to describe the picture of the arbitral default rules as they emerge from case law), whereas Section three sets some aspects of treatification and contractualisation of provisional measures.
Chapter four discusses the rules applicable to the implementation of these measures, considering voluntary compliance, non-compliance and its consequences, finally the options available to the addressee in order to oppose their application.
My thesis concludes with some remarks on the role of consent, namely on the possibility for the parties to amend such default rules - through treatification and contractualisation of provisional measures - before their potential dispute occurs. Thus, they are able to tailor the latter to their needs, and particularly to their bargaining power before the investment is carried out in the host State, so as to increase legal security in that respect
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe 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
Variations on the Author
Full text link“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
Monitoraggio microbiologico nella diagnosi e terapia causale della parodontite grave.Presentazione di un caso clinico
No full textVariazione dell'attacco clinico parodontale dopo ricopertura radicolare con innesto connettivale subpeduncolare
No full textCondizioni parodontali e microflora subgengivale in diabetici giovanili ed in fratelli conviventi sani:studio trasversale e longitudinale
No full text- …
