In the past decade, the ‘green economy’ has become an increasingly important, albeit contested, concept in international policy discussions. While investment law has not figured prominently in these discussions, a number of commentators have made the claim that investor-state dispute settlement (ISDS) could help facilitate the transition to a green economy by supporting renewable energy investment. In this chapter, the theoretical basis for such a claim is evaluated and several ISDS cases concerning investments in wind energy (Canada) and solar power (Spain) are discussed. The chapter concludes that even if one adopts a very narrow conception of a green economy, the case for ISDS to play a positive role in its development is weak. There is little evidence to suggest a constructive role for ISDS in theory, and in practice the need for wind and solar investments to receive special protection from investment treaties is limited and declining.
The perspective of the country of destination of the investment reveals important aspects of the BEPS impact on tax treaties, and notably that there are now new limitations to the avoidance of the PE status. Before 2017 one of the planning techniques was in fact for non-resident investors to carry out activities in the SC to avoid the so-called ‘PE status’, that of avoiding the payment of taxes in the SC. This chapter focuses on the new aspect of operating through a PE in the SC, by looking at the tax PE threshold, the tests to determine the existence of PE, and by discussing BEPS changes in respect to preparatory/auxiliary activities, the anti-fragmentation rule, to the agency-PE, and to structures in shipping and air transport (section I). The chapter also look at more traditional treaty approaches to problems such as the force of attraction of the PE and the separate treatment of isolated classes of income, also discussing how to protect. the PE operation through the non-discrimination clause (sections II–III).
Alex (Xingqiang) He
This chapter examines China’s decision-making process over the exchange rate issue through a review of the evolution of Beijing’s exchange rate policy over the past 30 years. Case studies of three major reform episodes highlight the importance of domestic factors, in particular bureaucratic politics, interest groups, and top leaders’ preferences, in influencing China’s exchange rate policy. Bureaucratic politics represents the mainstream forces in China’s exchange rate policy. Interest groups played a decisive role in pushing the top leaders to make decisions in their favour at the proper time. The top leaders’ extreme risk aversion in crucial decision making determined the timing, scale, and significance of the final output of China’s exchange rate policy.
Brandon Valeriano and Ryan C. Maness
While research on cyber security has proliferated recently, we know very little about mediation strategies and dynamics during cyber disputes. There has been scarce attention paid to the critical question of how cyber disputes stop. In this work, we consider how ongoing diplomatic or conflict resolution initiatives impact, alter, and restrain cyber incidents between rival states and constrain or start the climb up the escalation ladder. This study investigates mediation efforts during ongoing cyber incidents, looks at diplomatic initiatives focused on diplomacy after mediation in a cyber event, and discusses the possible avenues of resolving ongoing cyber engagements.
Albert N. Link and John T. Scott
All federal programs are accountable for their use of public funds. This paper presents conservative estimates of the net social benefits associated with the Baldrige National Quality Award Program, established within the National Institute of Standards and Technology in 1987. On the basis of survey data from members of the American Society for Quality, we estimate cost savings benefits to members, extrapolate those benefits to the economy as a whole, and compare the benefits to the social costs associated with the Program. Our estimation method implies that the ratio of economy-wide benefits to social costs probably exceeds 207:1, supporting the hypothesis that the public investments in quality-standards infrastructure are worthwhile.
As we are … prisoners of the practices we choose, we had better develop them well.
Els De Waegeneer and Annick Willem
The management of sport organizations has been under a lot of scrutiny. An important element in trying to secure good governance practices in sport governing bodies is the embedment of an ethical code in the organization. However, this instrument has both potential strengths and weaknesses. In this chapter the authorstake a closer look at the opportunities and pitfalls that ethical codes can present in promoting and guiding good governance. The literature has pointed out several conditions for a code of ethics to be effective. The authors analyse the ethical codes of the 35 Olympic federations in the light of this research and consider their content and characteristics in relation to their potential effectiveness. Several international federations have already made progress.However,other organizations still have a lot of work to do when it comes to designing and implementing an integral ethical code to combat poor governance.
Alexandra Jurgilevich, Fanny Groundstroem, Johannes Klein, Aleksi Räsänen and Sirkku Juhola
This chapter discusses the emergence of national adaptation policy in the developed world. It presents findings from empirical studies that have examined the development of national-level strategies and focuses on understanding the process of institutionalization and implementation of national adaptation, particularly in the context of vertical governance. Studies so far have shown that local authorities need support and guidance from the national level, and national adaptation strategies and climate change-related legislation can be key in adaptation action. While the drivers and enablers of adaptation policy implementation and institutionalization are both internal and external, the barriers are mainly internal. The chapter also discusses the content of national strategies and how they also need to take into account the indirect impacts of climate change, and addresses the emerging issue of monitoring and evaluation of national adaptation. Finally, in-depth comparative case studies are needed to further elaborate on the processes of institutionalization of national-level adaptation and to understand the links between institutionalisation and implementation progress.
This chapter assesses the lessons and learning emerging from environmental policy integration, climate policy integration, sustainability and adaptation mainstreaming literature regarding the possibilities for integrating adaptation into existing policy frameworks and institutions. Those lessons generally indicate that successful integration requires several preconditions and supporting factors. As indicated through multiple national case studies from around the world, those preconditions are not always satisfied. This can result in failure to integrate adaptation, which leaves it marginalized; or in incomplete integration that reduces adaptation efficiency with potential externalities for other policy objectives. This chapter thus illustrates that integration cannot be assumed, but must be reviewed for its potential in any given case.
Big Data have beentrending in research among different disciplines, at least since 2015, even though there is no commonly agreed definition of what Big Data actually are. Most recent works suggest distinguishing Big Data and Small Data by the characteristics of exhaustive data sets versus sampled data sets and whetherthe data are slow (created at one or several points in time) or quick (created continuously). While Big Data offer unparalleled insights and new forms of knowledge creation, they often go with neo-positivist positions, neglecting theoretical approaches and considering data as objective and uninfluenced. Challenging these positions and developing theorybased, data-driven tourism geographies areseen in this chapteras important elements of a research agenda for Big Data in tourism geography in order for tourism geography scholars to make progress in terms of Big Data research.