India has had more BIT arbitrations filed against it than any other nation in Asia, despite it not having signed the ICSID Convention. As a result, in 2015 India released its Model BIT, which departed from its earlier models by significantly limiting the protections afforded to foreign investors. The Model BIT also includes important pro-environment provisions – in line with India’s general trend to protect its right to safeguard the environment in the context of investment arbitration. Yet these formal protections do not necessarily reflect India’s domestic approach to environmental needs, nor do they recognize the country’s relationship with foreign investment. This chapter examines this predicament and explores ways in which India is having to balance the environment, economic development and FDI when negotiating and enforcing its bilateral investment treaties.
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Romesh Weeramantry and Montse Ferrer
The hosting of the Olympic Games is a highly elaborate and sophisticated endeavour. As a result, a successful event can only be achieved by a strong joint effort by all stakeholders at all levels. An additional level of difficulty in this process is the responsibility of the event hosts to ensure a positive and sustainable event legacy as a result of hosting the Games. While researchers have begun to investigate the topic, there continues to be a lack of strategic guidelines that explain and define the core issues related to the governance of event legacy. As a result, many stakeholders continue to struggle with the concept of legacy and are uncertain as to its proper governance. In an attempt to fill this void, the purpose of this chapter is to present a theoretical framework for the governance of legacy within the Olympic Movement.
The chapter describes the legislative, political and financial framework of sports governance in Lithuania. It is based on the findings ofscientific investigations and is composed of two sections. The first sectionpresents sport governance on the national level with critical evaluation of the activity of sport federations. Three research findings are discussed,covering the evaluation criteria of organizational performance, the implementation of the good governance concept, and partnerships and networking using the case of the Lithuanian Basketball Federation. The second sectioncovers sport governance on the local level with two specific issues of the activity of public and non-governmental sport organizations. Empirical findings not only lead to better understanding of ongoing sport governance processes and practices in Lithuania, but also provide concrete activity recommendations to sport organizations, which might be applicable in other countries and other contexts. Moreover, the approaches and tools used could be taken into consideration and suggest avenues of further research in the governance of sport.
Veerle De Bosscher and Popi Sotiriadou
The growing number of stakeholders and organisations involved in managing high performance (HP) sport has resulted in a greater need for coordination, strategic management and transparency. As the expectations on national governing bodies (NGBs) to deliver improved elite sport performances grow, boards of directors, in collaboration with the sport clubs, steer, coordinate and control the athlete pathway development. This chapter draws on the results of a large-scale project that compared elite sport policies in 15 countries. The results revealed some strengths and weaknesses of volunteer-based NGB boards that influence decision making and create tensions between the elite and grassroots levels of sport. Furthermore, directors who are elected by community/grassroots sport clubs tend to be unfamiliar with the high demands of managing HP sport. The chapter discusses board composition directions as they relate both to existing trends on one hand and to requirements for dealing with HP environments on the other.
Simon Gérard, David Legg and Thierry Zintz
The Paralympic Movement has undergone rapid growth in thelast few decades, yet its governance system remains largely unknown and under-researched.Based on institutional theory and content analysis of archival records, this chapter develops a processual analysis of the governance system of the Paralympic Movement since the creation of the International Paralympic Committee (IPC) in the late 1980s. The analysis revealed two main stages during which the governance system of the IPC, and the underlying institutional dynamics, experienced significant transformations: 1) from a disability-based movement to a sport-based movement (1989–2001); and 2) autonomy and self-sustainability of the Paralympic sports (2001–2017). Following this analysis, key governance issues the IPC is currently facing are discussed. Future research directions are also proposed for study pertaining to power, organizations and institutional change.
This chapter, first, offers an introduction to the regulation approach (RA) and the new localism. Second, the RA is extended through Jessop’s idea of the Schumpeterian Workfare State (SWS), economic development is associated with governance, in contrast to a Keynesian Welfare State (KWS) government. Governance is a way of conceptualising the growth of unelected local agencies and public-private partner_ships that are being established alongside traditional forms of management undertaken by local government. The chapter argues that the contemporary period is one of economic governance, as opposed to economic government. Third, the emergence of neoliberal economic governance in the United Kingdom is discussed. Fourth, two contrasting forms of UK economic governance are evaluated: a centrally imposed ‘top-down’ enterprise partnership, illustrated through Business Link in England, is contrasted with a nascent ‘bottom-up’ social economy-based partnership model popularized in Glasgow, Scotland.
David Carment, Milana Nikolko and Dani Belo
This chapter examines mediation efforts in the Ukraine with a specific focus on the Crimea and the Donbas (Eastern Ukraine). The Ukraine crisis captures the essence of gray zone conflict in which parties and strategies are not easily identified and mediation efforts prove difficult, given the complexity, number, and array of competing stakeholders. In comparing the two cases we find that one of the major obstacles facing mediators in gray zone conflicts is situational ambiguity regarding the techniques utilized by belligerents against each other as well as the uncertainty associated with the perception of the point of victory. Mediation efforts in Crimea, though attempted by both the United States and the European Union, were largely moot due to the rapid and conclusive pre-emptive nature of Russia’s intervention. The conflict in Eastern Ukraine is more enduring for the simple fact that the two main geopolitical players in this conflict are Russia and the United States.
This chapter considers the ways in which the objectives of protecting the environment and promoting economic development are being balanced in the new generation of multilateral investment treaties. Using the example of the Trans-Pacific Partnership (TPP11), it looks at how multilateral treaties are being drafted to ensure states can legitimately regulate in the area of environmental protection without exposing themselves to liability for treaty violation. As part of its analysis of this trend in treaty practice – which the writer terms ‘green multilateralism’ – the origins of the investment treaty system are discussed, along with specific topics such as the defences available to respondent States under customary international law, the content of the fair and equitable treatment standard and the potential for ‘mega-FTAs’ such as the TPP11 to improve the current system of investor-State dispute settlement.
Chunguang Bai and Joseph Sarkis
Green supplier development (GSD) is an important operational strategy to improve supply chain environmental performance. The emergent field of GSD has been evolving. However, few GSD reviews have been published on this topic. The purpose of this chapter is twofold: to identify areas of current research interests, and potential directions for future research in green supplier development. Findings show that advancing knowledge into how multiple tiers, broadersocial dimensions, technology and other supply chain management activities can be further integrated into GSD. Overall, these areas are fertile for further investigation as refinements in the research occur.