Suchergebnisse

Abstract
The investor–state dispute settlement mechanism enables investors to seek remedies in the face of a violation of related international investment agreements, which are crucial to maintaining the standards of investor protection that have been consented to by the contracting parties. On the other hand, more and more problems in the system have been exposed as the number of investor–state dispute settlement cases has increased. These range from substantive issues, such as the treatment granted to investors, to procedural ones, such as cost management and related procedures. Debates on investor–state dispute settlement reform have led to various options for reshaping the relevant mechanisms. Amid the new trend of investment liberalization and facilitation, China is undergoing a new round of bilateral investment treaty revision and free trade agreement negotiation. How the investor–state dispute settlement process is to be framed boils down to how China assesses its own interest vis-à-vis its partners and how it prioritises its objectives in international investment agreement negotiation with its partners. It is submitted that China should take a calculated risk on the investor–state dispute settlement provisions in international investment agreements with adequate consideration of competing interests.

This study aims to illustrate the policy transfer process for the Conditional Cash Transfer (CCT) program in Indonesia. The research approach used in this article is qualitative, with literature review as the data collection method. In simple terms, CCT is a type of social assistance that offers cash to beneficiaries when certain conditions are met. Indonesia has implemented CCT program since 2007 through the Family Hope Program (PKH). The implementation of PKH itself cannot be separated from the efforts of the international development community, such as World Bank and the Asian Development Bank (ADB), in transferring CCT policies. This is done through the production and dissemination of various knowledge products, arrangement of international conferences, as well as the provision of financial and technical assistance. These efforts were supported by policy opportunities which arose at the domestic level, and the active participation of local actors. Therefore, policy transfer can be understood as a process which involves not only the international, but also domestic political actors, who interact and collectively facilitate the transfer and implementation of a public policy. The transfer process is influenced by several factors. In the case of Indonesia, the local political dynamics became a policy opportunity that facilitated the CCT policy transfer process.

If climate policies are the result of transnationalization of public policies, how are they reinterpreted at the national level? This study has examined the context in which climate policy is formulated in Colombia from an actor-oriented perspective. Using a traveling model approach,we analyzed the role of actors at international and national levels in raising climate issues and shaping climate policies. The results showed that the translation chains from several governmental and non-governmental actors increase the visibility of climate issues in Colombia and how such consultations help defining and addressing these issues. The analysis arising from the climate traveling model exposes power struggles between competing agencies: the National Planning Department (DNP), which promoted climate-change adaptation, and the National Disaster Risk Management Unit (UNGRD), which favored disaster risk management. At the end of the translation chains, governmental actors re appropriated the international consultants' interpretations of the issues and solutions within an economic perspective. Hence, adaptation to climate change came to be seen as an economic opportunity or as a way to avoid economic loss. International dominance in the elaboration of climate policies combined with scant involvement of local actors could constitute a challenge for policy implementation and potentially inhibit achieving successful outcomes.

The ongoing rapid urbanization has led to the emerge of several complex infrastructures distinguished by multi-dimensional and overlapping property rights. The option of integrating BIM data into LA, aligned with international standards and able to handle the three-dimensional (3D) aspect of cadastral objects utilizing contemporary technologies, may be of a great importance. The main objective of this paper is to investigate the potential integration of the Building Information Model (BIM) and the Industry Foundation Classes (IFC) standard, with the international standard of Land Administration Domain Model (LADM ISO 19152 2012), in order to provide a unified solution for the registration and visualization of 3D spatial and sematic information regarding the complex Rights, Restrictions and Responsibilities (RRR) in the new complex constructions. The proposed solution aims to exploit the available 2D plans for the generation of BIMs; and rely on international LADM's constructional guidelines to provide a standardized cadastral database harmonized with the national Greek cadastral and the legal framework and aligned with the current Greek building code. The proposed framework is tested for two multi-storey buildings. The first results are promising constituting an important tool, for the implementation of 3D cadastres.

In this issue of Philosophical Thought we publish materials of the seminar "Laboratories of Scientific Translation", which reflect the discussion of the Ukrainian translation of the work of Franz Boas "The Mind of Primitive Man". The seminar was held on December 22, 2021 at the Ukrainian Center of the International PEN Club with the support of the NGO "Laboratory of Legislative Initiatives", the International Renaissance Foundation, the publishing house "Tempora" in partnership with the Ukrainian Center of the International PEN Club. The text of the Ukrainian translation was presented by the translator of the work Yegor Butsykin. The experts were Les Beley and Yulia Buyskykh. The seminar was moderated by Vakhtang Kebuladze. ; У цьому числі «Філософської думки» ми публікуємо матеріали семінару «Лабораторії науко- вого перекладу», які відображають обговорення українського перекладу твору Франца Боаса «Розум первісної людини». Семінар відбувся 22 грудня 2021 року в Українському центрі між- народного ПЕН-клубу за підтримки громадської організації «Лабораторія законодавчих іні- ціатив», Міжнародного фонду «Відродження», видавництва «Темпора» в партнерстві з Ук- раїнським центром міжнародного ПЕН-клубу. Текст українського перекладу представив перекладач твору Єгор Буцикін. Експертами були Лесь Белей та Юлія Буйських. Модерував семінар Вахтанґ Кебуладзе.

The ongoing rapid urbanization has led to the emerge of several complex infrastructures distinguished by multi-dimensional and overlapping property rights. The option of integrating BIM data into LA, aligned with international standards and able to handle the three-dimensional (3D) aspect of cadastral objects utilizing contemporary technologies, may be of a great importance. The main objective of this paper is to investigate the potential integration of the Building Information Model (BIM) and the Industry Foundation Classes (IFC) standard, with the international standard of Land Administration Domain Model (LADM ISO 19152 2012), in order to provide a unified solution for the registration and visualization of 3D spatial and sematic information regarding the complex Rights, Restrictions and Responsibilities (RRR) in the new complex constructions. The proposed solution aims to exploit the available 2D plans for the generation of BIMs; and rely on international LADM's constructional guidelines to provide a standardized cadastral database harmonized with the national Greek cadastral and the legal framework and aligned with the current Greek building code. The proposed framework is tested for two multi-storey buildings. The first results are promising constituting an important tool, for the implementation of 3D cadastres.

In 2020, the number of passengers on international ro-pax ferries collapsed due to the pandemic caused by the Covid-19 virus and subsequent travel restrictions. At the same time, both the International Maritime Organisation and the European Union are setting stringent regulations on carbon dioxide emissions from ships. In this research, we look at what options companies offering ro-pax services have to recover from the Covid-19 pandemic under-tightening environmental regulations and the future options for the industry. The case under study is ro-pax ferry traffic between Helsinki and Tallinn. It is one of the busiest international passenger ferry connections in the world. The economics of transport are based on large high-speed vessels, the combination of passengers and cargo, and sales onboard. We created four scenarios for the traffic: to continue the same high-speed ro-pax system as in 2019, to reduce the number of vessels, to switch to new types of ships, to slow down the speed of the vessels or to divide traffic into faster and slower ships. The research contributes to discussion of competitive strengths of ro-pax transport.

UN Security Council resolution no. 2334 is issued to resolve the conflict between Palestine and Israel. This resolution contains orders for Israel to stop building and expanding settlements, relocating Israeli settlements, demolition of homes and displacement of Palestinian civilians. Basically, the resolution aims to defuse conflict and to create peace in the region. The expected peaceful situation will affect security for humans. Therefore, this paper will analyze UN Security Council resolution no. 2334 with a human security approach. This paper finds that UN Security Council resolution 2334 fulfilled the indicator of human security approach because the resolution forces on both Israel and Palestine to comply with the laws of Geneva Convention IV, international humanitarian law, the opinion of the International Court of Justice, the Quartet Roadmap, as well as many previous resolutions. All international instruments that are mentioned are focused on discussion to protect human in economic, food, health, environmental, personal, community, political and human rights. However, in practice, this resolution met many obstacles, and even tended to be ignored by Israel. This paper uses a descriptive qualitative method with data collection techniques carried out through a literature review.

Sexual violence against women is often used as a military strategy to subdue the enemy. Sexual violence against women can result in the impurity of certain ethnicities due to rape and pregnancy and the humiliation of opponents. This happened in the armed conflict in Tigray-Ethiopia in 2020. This article analyzes the international legal protection of women from sexual violence in armed conflict in Tigray. The discussion shows that the armed conflict between the Central Government of Ethiopia and the Tigray People's Liberation Front (TPLF) in 2020 can be categorized as a non-international armed conflict. The absence of preventive and repressive efforts by the two warring parties, especially the central government of Ethiopia, regarding the sexual violence against Tigray women, shows that there is no legal protection for women in armed conflicts. This violates Article 27 of the 4th Geneva Convention of 1949, Article 4 paragraph (2) letter e of Additional Protocol II of 1977, and violates the principles of non-reciprocity, military necessity, distinction, proportionality, and humanity. In addition, sexual violence against women during armed conflict is an international crime under the Rome Statute. Ethiopia is a party to the 1949 Geneva Conventions and the 1977 Additional Protocol and can therefore be held accountable.

In this article, we analyse the response of UK academics to the UK government decision to cut international development research funding as part of the overseas aid budget reduction, undertaken in March 2021. This decision affects and will have long-lasting effects on any research project involving the UK and international partners, particularly in Global South contexts. We use Critical Metaphor Analysis (CMA) to analyse news, blogs, interviews that UK-based academics wrote in response to the cuts announcement, from 11 March 2021 to 30 April 2021. We identified the following metaphors: CUTS ARE AN ENTITY; CUTS ARE A THREAT, CUTS ARE ILLNESS, CUTS ARE VIOLENCE; plus, on the other hand, RESEARCH IS HEALTH, RESEARCH IS A JOURNEY, RESEARCH IS CONNECTION. UK academics have used 'idioms of distress', which are cultural expressions, often metaphorical, through which people articulate distress. Therefore, our contribution is threefold. First, we suggest that the metaphors used have a persuasive and evaluative aim and function. Second, we open up a space for an interdisciplinarity between CMA and 'idioms of distress'. Third, we warn about the need for the UK government and responsible institutional bodies to restore communication and trust with the global academic research community in International Development.

The history of international relations of Brazil and Venezuela is fundamental for South American security and stability. The Venezuelan-Brazilian migratory crisis (2015-2021) created a certain level of uncertainty but also generated confidence-building measures capable of mobilizing public opinion, integrating governmental public policies, inducing multilevel and multiactor coordination, and networking international organizations with civil society organizations. By critically assessing Brazilian-Venezuelan border relations we could draw some insights on how to think on security and humanitarian functioning in 21st Century global politics. An in-depth perspective based on historical bilateral relations makes it possible to realize that today's Venezuelan-Brazilian migratory crisis connects itself to multiple tensions of the past that echoes through the present and paves the way to re-imagine the future of South America's international relations. The historical background produces, at the same time, nodes of tension and the platform of the strategic partnership between Brazil and Venezuela. In the second part, we move on to critically thinking on ideas, discourses, and actions taken in face of. The Venezuelan-Brazilian border relations under a migratory crisis make the case for an improved context of defense, security, and humanitarian politics grounded on confidence-building measures, envisioning the future of a strategic partnership.

On ne peut pas ne pas s'interroger sur la politique étrangère à venir de l'Allemagne si on prend en considération à la fois le poids de la République fédérale et les nombreuses crises auxquelles nous sommes confrontées à l'échelle internationale. Le nouveau gouvernement allemand va bien sûr s'inspirer de l'héritage de 16 années Merkel, même s'il devra aussi, le moment venu, faire apparaître ses différences par rapport à l'équipe précédente. Le bilan des années Merkel est mitigé. L'Allemagne a su contribuer à la gestion des crises politiques et diplomatiques des années précédentes, mais elle fut largement absente des règlements de conflit par les armes, mettant en avant une culture de la retenue de moins en moins acceptée par ses partenaires. Parallèlement, elle a également su faire cavalier seul à maintes reprises lorsqu'il s'agissait de défendre ses intérêts économiques, énergétiques et commerciaux. Le contrat de coalition qui ne consacre qu'une faible part aux questions internationales ne laisse pas apparaître une volonté de changement manifeste et s'inscrit au contraire dans la continuité. Sauf peut-être pour la défense des droits de l'homme qui pourrait être une des priorités des Verts, en charge de deux ministères clé pour la politique internationale de l'Allemagne, les affaires étrangères et l'économie.

The conflict in Syria that started in 2011 has quickly evolved from a local uprising inspired by the events of the so-called "Arab Spring" into a multidimensional and complicated conflict of a civil war character, with many diverse participants and a very significant religious factor apart from political and socioeconomic reasons. Furthermore, the conflict has become internationalized: more and more external parties have gotten involved in it with a view to furthering or safeguarding their own interests. A vast majority of these actors were states (as far as legal entities are concerned). In the context of their activity, operations of non-state entities, such as international organizations, were rather limited and focused on social and humanitarian issues. This also pertains to the North Atlantic Treaty Organization. Evolving from a typical defensive alliance towards a security organization and, since the end of the Cold War, consistently operating outside the area covered by the Treaty (understood as the territories of member states), NATO as an autonomous entity has not taken any consistent, coordinated, or decisive actions during the first years of the Syrian conflict. This is due to both the specific features of this international organization and the determinants of the international environment with their dynamics.

Abstract
This article explores the regulatory framework of reference of economic cyber-espionage in Europe, with a particular focus on the V4 region (comprising Slovakia, Hungary, Poland and the Czech Republic) and taking Hungary as a case study. Europe Union member states, including the V4 countries, are particularly exposed to economic cyber-espionage, because of the advanced know-how of the companies based therein. Under international law, there exists no uniform approach to the matter; also at the European Union level, the legal framework appears rather fragmented and the same holds true at the national level and within the V4 group, where each country has adopted its own relevant regulation. After a general overview of the relevant international and EU regulatory framework of reference, this article overviews the modus operandi of the V4 and examines its approach to economic cyber-espionage, with a special focus on Hungary as case study. As already remarked at the European and international levels, cybersecurity policies and regulations, including those regarding economic cyber-espionage operations, should be drafted in coordination among states; the V4 group can become a privileged platform of discussion to advance in the regulatory harmonisation of the issues at stake.

AbstractAn initiative is needed to break the logjam in the international negotiations to reform taxation of multinational enterprises (MNEs). The explosion of profit shifting observed since the 1990s has resulted in hundreds of billions of dollars of tax revenues being lost around the world each year – but reform efforts have thus far failed to deliver measurable progress on the primary agreed goal of better aligning MNEs' taxable profits with the location of their real economic activity. More recently, countries have committed also to ensure that MNEs' global profits are subject to a minimum effective tax rate, but international agreement depends on designing an approach that can gain wide support. Our proposal for a minimum effective tax rate (METR) could be applied to MNEs by any countries that choose to do so, whether they are home to MNEs, host of MNEs, or both. The METR would be compatible with existing tax treaties, but being non‐discriminatory it also complies with other international obligations and could be introduced unilaterally. Economic modelling shows the METR would deliver major revenue gains for participating countries, and adoption would also contribute to, rather than impede, momentum for a more comprehensive multilateral agreement.