Tipping Point Challenges in International Economic Disputes PDF Download
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Author: Kathleen Claussen
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This Article reviews two critical “tipping point” moments in the evolution of international economic law: the controversial successful challenge to the appointment of an arbitrator in an investment arbitration case (CC/Devas v. India) in 2013 and the equally contentious non-reappointment of a member of the World Trade Organization Appellate Body in 2016. In each instance, an adjudicator was dismissed on the basis of his past decisionmaking. These two developments brought into sharper focus questions about the mandate of the adjudicator and the checks and balances in relation to the adjudicatory role. The Article refers to these moments as "tipping points" given the overwhelming negative response to each. Most commentators took the position that the moment ought not be repeated as it called into question foundational tenets of the trade or investment dispute resolution system. After reviewing the details of each moment and the responses, the Article surveys the availability of ethical or other doctrines to guide arbitrators when it comes to the impact of their past decisionmaking. It notes the variation in these doctrines both with respect to clarity and substance across international economic law. Finally, the Article calls for change in the interest of preserving the legitimacy of the international economic law adjudicatory systems.
Author: Kathleen Claussen
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
This Article reviews two critical “tipping point” moments in the evolution of international economic law: the controversial successful challenge to the appointment of an arbitrator in an investment arbitration case (CC/Devas v. India) in 2013 and the equally contentious non-reappointment of a member of the World Trade Organization Appellate Body in 2016. In each instance, an adjudicator was dismissed on the basis of his past decisionmaking. These two developments brought into sharper focus questions about the mandate of the adjudicator and the checks and balances in relation to the adjudicatory role. The Article refers to these moments as "tipping points" given the overwhelming negative response to each. Most commentators took the position that the moment ought not be repeated as it called into question foundational tenets of the trade or investment dispute resolution system. After reviewing the details of each moment and the responses, the Article surveys the availability of ethical or other doctrines to guide arbitrators when it comes to the impact of their past decisionmaking. It notes the variation in these doctrines both with respect to clarity and substance across international economic law. Finally, the Article calls for change in the interest of preserving the legitimacy of the international economic law adjudicatory systems.
Author: National Intelligence Council
Publisher: Cosimo Reports
ISBN: 9781646794973
Category :
Languages : en
Pages : 158
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Book Description
"The ongoing COVID-19 pandemic marks the most significant, singular global disruption since World War II, with health, economic, political, and security implications that will ripple for years to come." -Global Trends 2040 (2021) Global Trends 2040-A More Contested World (2021), released by the US National Intelligence Council, is the latest report in its series of reports starting in 1997 about megatrends and the world's future. This report, strongly influenced by the COVID-19 pandemic, paints a bleak picture of the future and describes a contested, fragmented and turbulent world. It specifically discusses the four main trends that will shape tomorrow's world: - Demographics-by 2040, 1.4 billion people will be added mostly in Africa and South Asia. - Economics-increased government debt and concentrated economic power will escalate problems for the poor and middleclass. - Climate-a hotter world will increase water, food, and health insecurity. - Technology-the emergence of new technologies could both solve and cause problems for human life. Students of trends, policymakers, entrepreneurs, academics, journalists and anyone eager for a glimpse into the next decades, will find this report, with colored graphs, essential reading.
Author: Alan M. Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9403518103
Category : Law
Languages : en
Pages : 441
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Book Description
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
Author: Leigh Tesfatsion
Publisher: Elsevier
ISBN: 0080459870
Category : Business & Economics
Languages : en
Pages : 905
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Book Description
The explosive growth in computational power over the past several decades offers new tools and opportunities for economists. This handbook volume surveys recent research on Agent-based Computational Economics (ACE), the computational study of economic processes modeled as dynamic systems of interacting agents. Empirical referents for "agents" in ACE models can range from individuals or social groups with learning capabilities to physical world features with no cognitive function. Topics covered include: learning; empirical validation; network economics; social dynamics; financial markets; innovation and technological change; organizations; market design; automated markets and trading agents; political economy; social-ecological systems; computational laboratory development; and general methodological issues. *Every volume contains contributions from leading researchers *Each Handbook presents an accurate, self-contained survey of a particular topic *The series provides comprehensive and accessible surveys
Author: Robert E. Baldwin
Publisher: University of Chicago Press
ISBN: 0226036553
Category : Business & Economics
Languages : en
Pages : 560
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Book Description
People passionately disagree about the nature of the globalization process. The failure of both the 1999 and 2003 World Trade Organization's (WTO) ministerial conferences in Seattle and Cancun, respectively, have highlighted the tensions among official, international organizations like the WTO, the International Monetary Fund (IMF), the World Bank, nongovernmental and private sector organizations, and some developing country governments. These tensions are commonly attributed to longstanding disagreements over such issues as labor rights, environmental standards, and tariff-cutting rules. In addition, developing countries are increasingly resentful of the burdens of adjustment placed on them that they argue are not matched by commensurate commitments from developed countries. Challenges to Globalization evaluates the arguments of pro-globalists and anti-globalists regarding issues such as globalization's relationship to democracy, its impact on the environment and on labor markets including the brain drain, sweat shop labor, wage levels, and changes in production processes, and the associated expansion of trade and its effects on prices. Baldwin, Winters, and the contributors to this volume look at multinational firms, foreign investment, and mergers and acquisitions and present surprising findings that often run counter to the claim that multinational firms primarily seek countries with low wage labor. The book closes with papers on financial opening and on the relationship between international economic policies and national economic growth rates.
Author: World Bank
Publisher: World Bank Publications
ISBN: 1464816662
Category : Business & Economics
Languages : en
Pages : 339
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Book Description
The world economy is experiencing a very strong but uneven recovery, with many emerging market and developing economies facing obstacles to vaccination. The global outlook remains uncertain, with major risks around the path of the pandemic and the possibility of financial stress amid large debt loads. Policy makers face a difficult balancing act as they seek to nurture the recovery while safeguarding price stability and fiscal sustainability. A comprehensive set of policies will be required to promote a strong recovery that mitigates inequality and enhances environmental sustainability, ultimately putting economies on a path of green, resilient, and inclusive development. Prominent among the necessary policies are efforts to lower trade costs so that trade can once again become a robust engine of growth. This year marks the 30th anniversary of the Global Economic Prospects. The Global Economic Prospects is a World Bank Group Flagship Report that examines global economic developments and prospects, with a special focus on emerging market and developing economies, on a semiannual basis (in January and June). Each edition includes analytical pieces on topical policy challenges faced by these economies.
Author: Dr. Philip Gordon, PhD
Publisher: Lulu.com
ISBN: 1481244272
Category : Political Science
Languages : en
Pages : 163
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Book Description
BREAKING NEWS: Banks Fined $1.9 Billion by Regulators for Rigging Lending Rates (and 30 more being investigated.)UBS: Switzerland's biggest bank, and Barclays Bank were found guilty and ordered to pay $1.9 billion to U.S., U.K. and Swiss regulators for trying to rig global interest rates. –Bloomberg News, December 21, 2012. Unethical behavior by the world's leading banking institutions contributed to the $10 trillion global financial meltdown. But there is so much more to this historic story… The International Financial Crisis: 2007–2010: TIPPING POINTS A ground-breaking book by Dr Philip Gordon, Ph.D detailing the origins, impacts and complexity of the International Financial Crisis. Dr Gordon provides a unique perspective on the dynamics of this worldwide “economic epidemic” and an innovative Tipping Point Theory methodology for analyzing (and predicting) global events, that are in many ways, influenced by media. Dr Philip Gordon, Ph.D was awarded his doctorate (with honors) from the Centre d'Etudes Diplomatiques et Strategigues (CEDS) - Paris, France and MS while on a full-fellowship from Johns Hopkins University - Baltimore, Maryland. Dr. Gordon has published many books and articles on International Theory and Relations (Blue Matrix Publications) and currently lives in Burgundy, France with his wife and two sons. Review Comments:"The genius of the formulation of Tipping Point Theory is that it takes explicit account of the role of social media and the internet at facilitating bifurcations and promoting dynamical instability. In effect, we have trimmed a few feet of tail off the kite. As a reader, I was informed and educated as to the factors which conspire to influence stability / instability in complex social systems. …the book does a good job of making sense of past bifurcations and dynamical instabilities, namely political instability, our perception of global climate change, and international economic crises…My compliments on a truly insightful Media Tipping Points." -Prof. Dr.(med.) Peter S. Geissler, A.B., B.S., M.S., M.Phil., Ph.D. (Yale)M.A., M.Eng., M.S., Ph.D., M.S., M.D., M.Phil.(Cantab) "The application of the tipping point theory qualitative ratio analysis to media and global events, particularly the financial crisis, is a fascinating one." -Dr. Serge Besanger, PhD Expert, International Monetary Fund“…very interesting application (of the Tipping Point Theory)…potential opportunity for predicting other global events, i.e.: Egyptian crisis and perhaps, even terrorism activities.”-Dr. Adam AJLANI, PhDProfessor, Sciences Politic and Political Consultant, France TV1“…a mass undertaking (very motivated) of how (we) as a society can become aware of future global events. Excellent!”-Dr. Derek EL ZEIN, PhDProfessor, Avocat, Expert: Communications“…very innovative approach to modeling three very complex studies for comparison. Well-suited for similar types of analysis.”-Dr. Emmanuel CAULIER, PhDProfessor and Expert: International Political Relations, Avocat“A truly fascinating book that (teaches) a whole new way of thinking about major events and how the media can influence them. - Being a political junkie I was heavily into the media coverage of the global financial melt-down both via TV and the blogosphere…I now find myself looking for the tipping points and stickiness factors as other key events unfold. Usually, I have trouble reading, theoretical books but this one was an easy read and if you want supporting data then the references are there. This could become a solid reference for those in the media who truly want to understand what they are reporting. Highly recommended and I look forward to Dr. Gordon's ongoing analysis of (future) events.”-Dr. Ralph Moorhouse, Ph.D. Political junkie, Expert: natural polymers for industries
Author: Dr. Philip Gordon, PhD
Publisher: Lulu.com
ISBN: 148126186X
Category : Science
Languages : en
Pages : 185
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Book Description
Tipping Points as evidenced in global events are, in many ways, influenced by media. This just released, ground-breaking book GLOBAL EVENTS: TIPPING POINTS by Dr Philip Gordon, Ph.D, details three case studies which were selected on the basis of common Tipping Point Attributes. Each involved media contagiousness and stickiness during their development and each arrived at a "dramatic moment in time," which could be characterized by the phenomenon of Tipping Points. Recent GLOBAL EVENTS: TIPPING POINTS Case Studies: The 2008 Presidential Campaign of Barack Obama was chosen to examine a narrower scope and timeframe for the application of the analysis. The International Financial Crisis of 2007-2010, involves a broader data study period to identify trends and more complex issues. And the Climate Change study is included for consideration as the research and analysis revealed critical relationships between media impact and global events. As the issue of Climate Change is still evolving, Dr Gordon provides a Global Events: Tipping Point Theory methodology for analyzing and predicting our planets' most pressing global issue. Dr Philip Gordon, Ph.D was awarded his doctorate (with high honors) from the Centre d'Etudes Diplomatiques et Strategiques (CEDS) Paris, France and graduated with his masters while on a full fellowship from Johns Hopkins University, Baltimore, Maryland. He currently lives in Burgundy, France with his wife and two sons. Review Comments: "The genius of the formulation of GLOBAL EVENTS: TIPPING POINTS is that it takes explicit account of the role of social media and the internet at facilitating bifurcations and promoting dynamical instability. In effect, we have trimmed a few feet of tail off the kite. As a reader, I was informed and educated as to the factors which conspire to influence stability / instability in complex social systems. ...the book does a good job of making sense of past bifurcations and dynamical instabilities, namely political instability, our perception of global climate change, and international economic crises ... my compliments on a truly insightful Global Events: Tipping Points." - Prof. Dr. (med.) Peter S. Geissler, A.B., B.S., M.S., M.Phil., Ph.D. (Yale) M.A., M.Eng., M.S., Ph.D., M.S., M.D., M.Phil.(Cantab) "The application of the tipping point theory to media and global events, particularly, Global Events: Tipping Points...the financial crisis and climate change), is a fascinating one." - Dr. Serge Besanger, PhD Expert, International Monetary Fund ..".very interesting application (of the Tipping Point Theory)...potential opportunity for predicting other global events, i.e.: Egyptian crisis and perhaps, even terrorism activities." - Dr. Adam AJLANI, PhD Professor, Sciences Politic and Political Consultant, France TV1 ..".a mass undertaking (very motivated) of how (we) as a society can become aware of future global events, particularly Climate Change. Excellent!" - Dr. Derek EL ZEIN, PhD Professor, Avocat, Expert: Communications "A truly fascinating book that (teaches) a whole new way of thinking about major events and how the media can influence them. Being a political junkie I was heavily into the media coverage of the 2008 Obama election and the global financial meltdown both via TV and the blogosphere. I now find myself looking for the tipping points and stickiness factors as other key events unfold. Usually, I have trouble reading theoretical books but this one was an easy read and if you want supporting data then the references are there. This could become a solid reference for those in the media who truly want to understand what they are reporting. Highly recommended and I look forward to Dr. Gordon's ongoing analysis of (future) events." - Dr. Ralph Moorhouse, PhD Political junkie, Expert: natural polymers for industries
Author: Kaushik Basu
Publisher: Cornell University Press
ISBN: 1501759280
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
In Law, Economics, and Conflict, Kaushik Basu and Robert C. Hockett bring together international experts to offer new perspectives on how to take analytic tools from the realm of academic research out into the real world to address pressing policy questions. As the essays discuss, political polarization, regional conflicts, climate change, and the dramatic technological breakthroughs of the digital age have all left the standard tools of regulation floundering in the twenty-first century. These failures have, in turn, precipitated significant questions about the fundamentals of law and economics. The contributors address law and economics in diverse settings and situations, including central banking and the use of capital controls, fighting corruption in China, rural credit markets in India, pawnshops in the United States, the limitations of antitrust law, and the role of international monetary regimes. Collectively, the essays in Law, Economics, and Conflict rethink how the insights of law and economics can inform policies that provide individuals with the space and means to work, innovate, and prosper—while guiding states and international organization to regulate in ways that limit conflict, reduce national and global inequality, and ensure fairness. Contributors: Kaushik Basu; Kimberly Bolch; University of Oxford; Marieke Bos, Stockholm School of Economics; Susan Payne Carter, US Military Academy at West Point; Peter Cornelisse, Erasmus University Rotterdam; Gaël Giraud, Georgetown University; Nicole Hassoun, Binghamton University; Robert C. Hockett; Karla Hoff, Columbia University and World Bank; Yair Listokin, Yale Law School; Cheryl Long, Xiamen University and Wang Yanan Institute for Study of Economics (WISE); Luis Felipe López-Calva, UN Development Programme; Célestin Monga, Harvard University; Paige Marta Skiba, Vanderbilt Law School; Anand V. Swamy, Williams College; Erik Thorbecke, Cornell University; James Walsh, University of Oxford. Contributors: Kimberly B. Bolch, Marieke Bos, Susan Payne Carter, Peter A. Cornelisse, Gaël Giraud, Nicole Hassoun, Karla Hoff, Yair Listokin, Cheryl Long, Luis F. López-Calva, Célestin Monga, Paige Marta Skiba, Anand V. Swamy, Erik Thorbecke, James Walsh
Author: D.W. Livingstone
Publisher: Fernwood Publishing
ISBN: 1773636456
Category : Social Science
Languages : en
Pages : 227
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Book Description
Tipping Point for Advanced Capitalism is a pathbreaking study of the changing class makeup of the Canadian, other G7 and Nordic labour forces since the 1980s, documenting especially the rise of non-managerial professional employees. The book provides unprecedented tracking of the links between employment classes and higher levels of class consciousness, including the often hidden political consciousness of corporate capitalists as well as the extent of oppositional and revolutionary consciousness among non-managerial workers. The large differences exposed between class conscious capitalists and these non-managerial workers on issues of poverty reduction and global warming reveal the strategic roles these key class agents play in actions to defend or transform advanced capitalism. The most concerted evidence-based study to bring class back into grasping the intimately linked ecological, economic and political crises we now face.
