1,720,959 research outputs found
Identifying Problems of International Investment Law (IIL) and Evaluating the Focus of Reform Initiatives
Full text linkThe normative structure of international investment law is highly asymmetrical. Generally, current IIAs grant investors significant substantive and procedural rights, while States and affected communities often lack equivalent safeguard. In recent years, scholars have critcised and identified many problems including human rights concerns ingrained in the international investment law framework. The States and other stakeholders also raised many concerns regarding international investment agreements and investor-State dispute settlement. Moreover, there’s agreement on the need for comprehensive reform of IIL to make ISDS effective. Yet, issues with ISDS go beyond systemic flaws, also entrenched in substantive deficiencies in existing IIAs. Furthermore, the current legitimacy crisis provides a unique chance to amend the international IIAs comprehensively. However, the WGIII and ICSID reform initiative primarily focuses on procedural aspects of ISDS, avoiding substantive issues raised by various stakeholders. While procedural reforms are essential, resolving substantive issues is equally necessary
Dispute Settlement Systems of International Investment Law: Analyses of the Systems and Reform Proposals
Full text linkGoing 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
The critique of reform proposals for ISDS : solutions to existing and future problems
Full text linkAddressing wide ranging dissatisfactions regarding the current Investor-State Dispute Settlement (ISDS) system, the UNCITRAL working group III (WGIII) members are working continuously to put forward necessary reforms to the system which may take couple of more years. Considering their works till to date, the proposals might bring great improvement to the current system and will also add significant qualities. However, still, they did not put forward elaborate proposals on some of the important matters for an effective and sustainable dispute settlement system. Moreover, they might follow little bit the similar track of the WTO which is in crisis itself
The appointment and diversification of members of the multilateral investment court or tribunal: a comparative analysis : [abstract]
Full text linkEvaluating the Evolution of International Investment Law
Full text linkHistorical explanation or exploration is gaining traction among scholars of international investment law (ILL) to understand the field properly, find evolutionary connections, address power imbalances, trace a problem’s genealogy, and explain their recommendations for reforming the current system. The Third World Approaches to International Law (TWAIL) can be a useful method to understand critical aspects of international investment law from the perspective of the Global South. One of the mainstream historical accounts of IIL describes that its central principles developed progressively and incrementally since the 19th century from challenges faced by foreign investors, mainly from capital-exporting states. However, another historical account on IIL finds its roots in European imperial expansion in the 17th century. As international investment law has evolved, arbitration has become politically contentious even in states once supportive of such agreements. While there is consensus on the need for reform, the lack of historical evaluation of the failures of these agreements poses a challenge to reform initiatives. In order to ensure effective results, it may be necessary to modify laws concerning state interactions to promote greater equality and reduce factors that undermine theoretical state equality
Analyses of the European Union and its member states' proposals on reforming the ISDS system under the UNCITRAL working group III
Full text linkThe European Union and its member states back the formation of a permanent investment tribunal and a Committee of the Parties that would handle different tasks, including the selection of adjudicators. According to the European Union and its member states, the members of the investment tribunal should work on a full-time basis, and the selection criteria should prioritize the most qualified and unbiased individuals, regardless of their nationality. To expand the pool of potential adjudicators and promote diversity, they suggest adopting the entire language of Article 2 of the ICJ Statute for the qualifications requirements. The European Union and its member states do not support the idea of tribunal members being appointed by States that do not recognize the tribunal's authority. This paper delves into the European Union and its member States' positions on certain fundamental issues related to ISDS reform, along with a comprehensive analysis of varying positions held by other stakeholders, including some members of UNCITRAL working group III who share similar viewpoints with the European Union and its member states on some matters and have differing opinions on others
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
- …
