Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo. “Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction.” Sustainability 12, no. 13 (January 2020): 5331.
Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

Read more

Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies

Farah, Paolo Davide. “Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies.” The Journal of World Energy Law & Business, 2020.
Paolo Davide Farah

Human societies have witnessed great developments in the last couple of centuries for many reasons, including the use of energy in particular conventional energy resources such as oil and gas. Such developments have resulted in a situation where each state has been seeking to ensure the existence of sufficient and constant energy supplies that allow the functioning of its society, the constant economic growth and the protection of national security.  This has been the case where nations with great energy supplies have had the upper hand in geopolitics and in determining the market price. This is why numerous countries that lacked such energy supplies have adopted a strategy of ensuring good relations with the nations exporting conventional energy resources.  Particularly, in the last couple decades,these nations have simultaneously started investing in alternative energy sources such as nuclear and renewable energies to reduce dependency on conventional energy sources. Additionally, while some nations have succeeded in using alternative energy sources to reduce such dependency, others have failed despite the huge investments made in this context. Even worse, many nations who have a huge amount of energy reserves have witnessed the so-called resource curse as the populations of these countries did not benefit at all from the exploitation of the natural resources.  Yet, regardless of all these realities, energy is still considered as the main element that allows the development and progress of any nation, which is why the focus is on ensuring energy security by any means possible.

Read more

The Development of Global Justice and Sustainable Development Principles in the WTO Multilateral Trading System Through the Lens of Non-Trade Concerns: An Appraisal on China’s Progress

Paolo D. Farah, Elena Cima (Editors), China’s Influence on Non-Trade Concerns in International Economic Law, Global Law and Sustainable Development Book Series, Routledge Publishing (New-York/London), ISBN 978-1-4094-4848-8, September 2016, pp. 10–58
Paolo Davide Farah

The ongoing economic instability in several countries and regions throughout the world, along with the volatility of the market and job losses, has lead to an increase in protests that are currently reaching the highest possible levels of conflict against the so-called establishment. Additionally, the growing of political discourse and public opinion regarding the migration crisis and the global fight against terrorism are also providing momentum to some relevant segments of this variegated civil society movements which have continued to express dismay and anger towards human, social, and environmental consequences of the global expansion of world trade and of the monetary and commercial translation of all interpersonal transactions. Majority votes favoring Brexit and other political turmoil happening around European countries, in the United States, and in different parts of the world are just some of the most critical examples on how the existing systems are failing. Specifically, global governance and law with borderless globalization are to blame for the inability to find appropriate solutions to face the challenges of a constantly changing society. Unfortunately, this inability creates a risk that leaves behind an increasing part of the population who are unable to benefit from such globalization. The related fear of the people toward the risks of a world without barriers are very real and concrete. Additionally, the proposed solutions to face these problems are certainly influenced by the negative visions on globalization and liberalism, which neglect to take into account the positive effects of the free trade and liberalization of the markets. For example, more and more political leaders are trying to use this discontent among the society for obtaining an easy consensus, without truly having a real program to improve the life of the people. More importantly, without endorsing the intrinsic dangers, a strong shift back towards nationalism might come to fruition in the long-term as a result. Democratic legitimacy and social justice based on human rights principles should be used as the regulatory framework to structure global expansion of economic welfare as well as WTO rules However, the difficulty and limit of this approach lies in the fact that it affirms both that human rights should guide the process of global legal integration and that the WTO should implement such process. Suggesting that WTO law guarantees respect for fundamental human rights implies a refusal to evaluate the practices of organizations such as the WTO itself and the IMF. The following section of this chapter examines the particularities of China at a crossroads between the “Right to Development” and “NTCs,” given that China still seeks to grow its economy and expand industry to bring millions of more people out of poverty. Simultaneously, it plays an essential role (together with other BRICS countries) in creating a model to “develop” sustainably, with a view towards tackling climate change, avoiding the increasing environmental risks and damages, and balancing the attractions of foreign investments with labor rights, human rights, and public health. The subsequent section titled “Non-Trade Concerns status in the WTO multilateral system” develops a non-exhaustive overview and explores the integration of NTCs in the WTO. In particular, the interplay between environment and trade25 is examined and the prospects for the new acceding Members, taking China as a case study and its accession to the WTO in 2001, the change in the attitude of the WTO DSB while ranking public health issues over trade, the relations between food security and international trade regulations, the difficult balance of the right to access essential medicines and the protection of their IPRs, the respect of other human rights in the multilateral trading system, and the relations between cultural products and public morals.

Read more

Trade and Progress: The Case of China

Trade and Progress: The Case of China. Columbia Journal of Asian Law, Vol. 30, No. 1, 2016, pp. 51 - 112. Available at SSRN: https://ssrn.com/abstract=3020365
Paolo Davide Farah

China’s accession to the WTO is widely understood as an important step towards greater global market liberalization and integration. However, this step has been also perceived in an ambivalent way. On one hand, the global market liberalization would have never been really completed without participation of such a major player as China. On the other hand, many observers articulated concerns about China’s ability to integrate into the WTO system. In order to tackle the issues of concern, attention was paid mainly to technical issues, which were seen as a precondition for China’s successful integration into the WTO system. For this reason, topics related with market integration, such as e.g. liberalization requirements, as well as topics related with transparency and legal and administrative policies, necessary for securing of just and equitable resolution of commercial and trade disputes, were initially addressed. Still, in the light of the changing and evolving geopolitical climate, it has become more evident that Non-Trade Concerns (NTCs) might be another multifaceted topic requiring special attention. EU and US, becoming increasingly aware of the fact that competition of economies with different level of development might result not only in job losses in developed countries due to relocation of production, but also to general deterioration of environmental, social and health standards, have accentuated the importance of a global consensus on NTCs and their inclusion into EU and US external policies concerning foreign trade and investment. Civil society from the developed world, in general, is afraid that further liberalization may endanger public policies at different levels: environmental protection and sustainable development, good governance, cultural rights, labor rights, public health, social welfare, national security, food security, access to knowledge, consumer protection, and animal welfare. On the other hand, coalition consisting of China and other BRICS countries as well as other developing countries gaining more influence in the WTO and other international fora has been able to articulate discontent with measures adopted by developed countries to address NTCs. The clash between interests of developed and developing countries reveals potential unfairness and inconsistencies of the international system, including the international trade system, which needs to undergo a deep reform to integrate the developing countries’ needs. Many of the measures that developed countries introduce to address NTCs were received by developing countries with suspicion, resistance, and even hostility. Developing countries, including China, doubt the authenticity of such considerations and think they might actually hide protectionist purposes. Additionally, developing countries see these measures as an indirect form of western imperialism whereby they will have no choice but to comply with the social, ethical, and cultural values of the developed states. Nonetheless, not only has China undergone serious reforms and adopted new regulations to address the issue of NTCs, but the country has even begun to play an important role in the international negotiations on NTCs—such as those on climate change, energy, culture, and so on. However, at the same time it provides an opportunity for China and other developing countries to defend their interests in a constructive dialogue with developed countries and restructure the system in order to find a necessary balance between globalization and sustainable development or to shape it according to their interests.

Read more

WTO and Renewable Energy: Lessons from the Case Law

49 JOURNAL OF WORLD TRADE 6, Kluwer Law International, ISSN: 1011-6702, December 2015, pp. 1103 – 1116
Paolo Davide Farah
Elena Cima

This contribution illustrates some unresolved issues and tensions that characterize the way the WTO deals with renewable energy subsidies. Indeed, the indisputable urgency to address the negative impacts of climate change on the one hand, and the use of subsidies to boost and support a country’s renewable energy sector on the other, provide momentum to better define the legal framework offered by the World Trade Organization (WTO). It is fundamental to ascertain whether the current framework represents an adequate model to address renewable energy subsidies, or whether a more flexible interpretation of WTO Agreements toward sustainable development and the protection of the environment should be adopted instead. In view of that, this paper carefully investigates the evolution of the WTO subsidies disciplines, focusing in particular on the approach of the WTO towards renewable energy subsidies. This article is divided in three sections. The first one offers an overview of WTO disputes involving subsidies in the renewable energy sector, the second one focuses on the recent decisions in the Canada – Renewable Energy and Canada – Feed-in Tariff Program disputes and on some important issues they raise, while in the last one we draw our conclusions.

Read more

Facebook v. Business Competence S.r.l. – De-compiling the Rules of Databases and Reverse Engineering

Marco D’Ostuni, Riccardo Tremolada, Facebook v. Business Competence S.r.l. – De-compiling the Rules of Databases and Reverse Engineering 17(2) LEADING INTERNET CASE LAW, 2017.

Read more

Teva v. Eli Lilly: Teva argues Lilly is infringing migraine drug patent in the United States

Riccardo Tremolada, Teva v. Eli Lilly: Teva argues Lilly is infringing migraine drug patent in the United States, HARVARD JOURNAL OF LAW & TECHNOLOGY DIGEST, 2017, available at https://jolt.law.harvard.edu/digest/teva-v-eli-lilly-teva-argues-lilly-is-infringing-migraine-drug-patent-in-the-united-states

Read more

Italy in The Renewable Energy Law Review

Marco D’Ostuni, Luciana Bellia and Riccardo Tremolada, Italy, in The Renewable Energy Law Review, THE LAW REVIEWS, 2020, available at https://thelawreviews.co.uk/edition/the-renewable-energy-law-review-edition-3/1229899/italy

Read more

Anticompetitive restraints in labor markets – antitrust enforcement against no-poaching agreement

Riccardo Tremolada, Anticompetitive restraints in labor markets – antitrust enforcement against no-poaching agreement, 40 EUROPEAN COMPETITION LAW REVIEW 10, 2019.

Discusses the growing use of no-poaching agreements (NPAs) by employers in the EU and US, and whether they constitute anti-competitive restraints. Reviews the increased US enforcement efforts against NPAs, the less developed position in the EU, and its lack of formal policy statements on the issue. Compares the East Asian approach, and advises companies on practical measures to reduce the risk of their NPAs infringing competition law.

Read more

The Legal Ethics of Metadata: Accidental Discovery of Inadvertently Sent Metadata and the Ethics of Taking Advantage of Other’s Mistakes

Riccardo Tremolada, The Legal Ethics of Metadata: Accidental Discovery of Inadvertently Sent Metadata and the Ethics of Taking Advantage of Other’s Mistakes, 25 RICHMOND JOURNAL OF LAW AND TECHNOLOGY 4, 2019, available at https://jolt.richmond.edu/files/2019/05/Tremolada-FE.pdf

In an effort to explore the potential threats that technology creates within the facets of the legal professions, the present article touches upon the ethical obligations of a lawyer receiving metadata inadvertently sent, in a non-discovery context. This analysis emphasizes the ethical pitfalls of the handling of metadata that is discovered by the recipient, without taking deliberate active steps to uncover metadata through mining. Although the present nvestigation builds on the current U.S. regulatory framework, in particular the American Bar Association (ABA) Rules of Professional Conduct (Model Rules) and on the opinions of the different state bars’ ethics commissions, the ethical considerations advanced herein and the further issues raised can be transposed in other jurisdictional arenas, overcoming a narrow normative positivism, and identifying overarching ethical issues that call for further reflection, rather than universal responses.

Read more

Sanzioni antitrust e ne bis in idem

Riccardo Tremolada, Sanzioni antitrust e ne bis in idem, IL DIRITTO INDUSTRIALE 1/2020, 5 – 14.

Read more

Esaurimento Digitale. Il Mercato Secondario dei Contenuti Musicali protetti

Riccardo Tremolada, Esaurimento Digitale. Il Mercato Secondario dei Contenuti Musicali protetti, IL DIRITTO DELL’ECONOMIA, anno 66, n. 101, 1/2020, 385-417, available at https://www.ildirittodelleconomia.it/wp-content/uploads/2020/07/16Tremolada.pdf

Building on a comparative analysis of the principles laid down in case law in the United States and the European Union, this paper addresses the fundamental interpretative issues related to the definition of a regulatory regime for the secondary digital market of music content within the European Union, i.e., a market where digital music content downloaded from a traditional e-marketplace is resold. This analysis is all the more compelling given that electronic communications networks increase the risk of infringement of intellectual property rights, as copyrights become a decisive aspect of the regulation of electronic commerce. Over all, this article aims to map the basic regulatory landscape of this secondary market.

Read more

Assessing the value of distributed solar energy generation

Pitt, D., Michaud, G. (2015). Assessing the value of distributed solar energy generation. Current Sustainable/Renewable Energy Reports, 2(3), 105–113. doi: 10.1007/s40518-015-0030-0.

Solar energy has recently become the subject of heated policy debate across the United States, particularly at the state level. Proponents note that it provides a variety of environmental, public health, and economic development benefits for society and argue that it can help support electric grid operations. Many electric utilities, however, contend that the growth of customer-owned, distributed solar energy systems will create costs that the utilities must pass on to ratepayers. This debate has led to a wide range of technical reports seeking to quantify the costs and benefits of solar energy to electric utilities, ratepayers, and society at large. We review these studies, discuss the different perspectives that they represent, and identify the key variables that have shaped this value-of-solar debate. We conclude by discussing future research opportunities that could help to maximize the benefits of solar energy use while minimizing its potential negative impacts.

Read more

Natural disasters and the United States’ electricity grid: The role of FEMA and the value of micro-grids

Michaud, G. (2016). Natural disasters and the United States’ electricity grid: The role of FEMA and the value of micro-grids. Michigan Journal of Public Affairs, 13, 20–30.

The Federal Emergency Management Agency (FEMA) is the key federal agency that responds to natural disasters in the United States (U.S.), yet it has come under great scrutiny for several prolonged- and poorly-coordinated efforts in disaster response and recovery. The increasing frequency and severity of major natural disasters in the U.S. now presents new challenges for emergency preparedness and response teams. This has led to several cases where FEMA’s relief efforts were severely limited due to a lack of electricity during a disaster’s aftermath. To mitigate such circumstances, micro-grids offer value by disconnecting from the centralized electricity grid and operating autonomously, allowing hospitals, military bases, and other key emergency response related facilities to get back online quickly. This article examines how micro-grids can increase distributed generation (e.g., solar photovoltaics and wind), which, in turn, can improve grid resiliency and operations during disasters. Overall, if implemented correctly, the emergence of micro-grid technology could improve and expedite FEMA’s responsiveness to substantial disasters by keeping the power on, as well as allowing local communities to meet the unknown energy needs of the future.

Read more

Community shared solar in Virginia: Political and institutional barriers and possibilities

Michaud, G. (2016). Community shared solar in Virginia: Political and institutional barriers and possibilities. Politics, Bureaucracy, and Justice, 5(1), 1–15.

Solar photovoltaic (PV) energy has provoked intense policy debate at the state level in the United States. Electric utility providers and other interests have fought to scale back or cut favorable state policies as grid-connected solar PV installations have increased. One innovative approach to dealing with these challenges is to permit community net energy metering (NEM) or “shared solar” that allows multiple electric utility customers to share the costs and benefits of ownership in a local solar PV facility. This has stimulated the development of off-site shared solar arrays, or solar gardens, and increased access to PV technology. In Virginia, however, no rules exist that require electric utilities to permit community shared solar through NEM. This article utilizes the punctuated equilibrium theory (PET) framework and a historical institutionalism methodology to examine the political forces that shape state policy and to analyze why Virginia has dismissed community solar legislation multiple times. Such an approach is useful in understanding how other historically laggard states may adopt community shared solar legislation in the future.

Read more

Using proprietary databases to overcome data suppression in industry cluster analysis

Michaud, G., Jolley, G. J. (2017). Using proprietary databases to overcome data suppression in industry cluster analysis. Journal of Extension, 55(4), 4TOT5.

Extension agents are frequently tasked with determining industry clusters that exist in a region to support economic development. However, data suppression issues recurrently prohibit a comprehensive understanding of heavily concentrated firms in a region, particularly in rural areas. This article discusses the use of North American Industry Classification System codes within the LexisNexis Academic database as a technique for locating data about specific firms and analyzing regional industry clusters. This approach provides a practical and cost-efficient method for Extension agents and other researchers and practitioners to identify clusters and gather firm information in small geographies throughout the United States.

Read more

Analyzing the costs and benefits of distributed solar energy in Virginia (USA): A case study of collaborative energy planning

Pitt, D., Michaud, G., Duggan, A. (2017). Analyzing the costs and benefits of distributed solar energy in Virginia (USA): A case study of collaborative energy planning. Journal of Environmental Planning and Management, 61(11), 2032–2049. doi: 10.1080/09640568.2017.1381074.

Solar energy policy has become controversial in Virginia and many other states. Proponents point to its environmental, public health, and economic development benefits, and argue that it can help support electric grid operations. However, detractors, including many electric utilities, contend that the growth of customer-owned, distributed solar energy systems will create costs that must be passed on to ratepayers. This article presents a case study in which the authors led a multi-faceted Solar Stakeholder Group to evaluate the costs and benefits of distributed solar energy in Virginia. We examine this project in the context of collaborative planning theory, finding that it created shared learning among participants and facilitated greater understanding of opposing viewpoints, but did not produce a consensus vision for future action. We also note some of the Stakeholder Group's broader contributions to the ‘value-of-solar’ debate and discuss its implications for future distributed solar energy efforts in Virginia.

Read more

Shale industry’s economic contribution in Ohio, USA: Implications for future activity in the state

Michaud, G. (2018). Shale industry’s economic contribution in Ohio, USA: Implications for future activity in the state. Regional Science Inquiry, 2, 163–171.

Ohio’s shale industry serves as a significant facet of the state’s economy, employing nearly 150,000 and contributing over $22 billion of positive impacts as of 2015. With advancements in hydraulic fracturing techniques, and access to the Marcellus and Utica shale plays in the eastern part of the state, Ohio has noteworthy potential for future shale development despite anecdotal discussion of a potential bust of the industry. This research employed a multi-industry economic contribution analysis using IMPLAN and an input-output methodology with 2015 data to quantify the economic contribution of the shale industry across the entire State of Ohio, as well as a 26-county Appalachian Ohio region where most shale extraction activity is taking place. Strong economic impact metrics are found for shale activity, including robust multiplier effects relative to other industries in the state. Out of the six modeled shale-related sectors, Pipeline Transportation, by far, pays the highest wages. Further, in order, the top five counties by total economic contribution per capita are Noble, Monroe, Belmont, Guernsey, and Washington. In fact, roughly 90% of the gross regional product in Monroe and Noble counties is attributable to the shale industry. With these findings, economic development and policy implications are highlighted, which are important as no other shale-play region in the U.S. is so disproportionally affected by resource extraction which contributes to regional poverty and negative pollution effects. Retaining wealth in this region with the legacy of boom-and-bust resource extraction is ever important, and this paper provides a baseline for analysis when looking how the shale industry changes over time.

Read more

The solar and wind economy in Ohio: Industry analysis and policy implications

Smith, C., Driver, D., Michaud, G. (2018). The solar and wind economy in Ohio: Industry analysis and policy implications. Consilience: The Journal of Sustainable Development 20(1), 43–61.

After historically being driven by coal and, in more recent years, natural gas, Ohio’s energy industry has experienced notable growth in installed solar and wind capacity. Due to changes in consumer tastes and preferences, an overall decline in expenses, and environmental concerns about coal mining and hydraulic fracturing, among others, both public and industry support for renewables has grown. However, Ohio’s renewable energy policies have not consistently aligned with this support. This paper synthesizes reports and analyzes energy industry employment and capacity data in order to summarize the trends within Ohio’s present-day energy industry. After a brief surge, wind activity has stagnated, in part due to expansion of the turbine property line setbacks law. Wind employment has also been relatively erratic, seeing spikes and rapid declines that average to a growth of 13.6% per year from 2013–2016. Conversely, solar energy capacity has grown a bit more steadily due to fewer regulatory restrictions as well as supportive state net metering policies. Correspondingly, solar employment has grown more consistently at a rate of 11.3% per year during our study years. This paper highlights these trends, discusses policy implications moving forward, and makes recommendations for Ohio to stimulate the deployment of additional renewable energy capacity in future years. To accomplish this task, and to enhance sustainable development via renewable energy, we suggest that Ohio ease its wind setbacks and continues to protect the state’s renewable portfolio standard and net metering laws.

Read more

Deploying solar energy with community choice aggregation: A carbon fee model

Michaud, G. (2018). Deploying solar energy with community choice aggregation: A carbon fee model. The Electricity Journal, 31(10), 32–38. doi: 10.1016/j.tej.2018.11.003.

This article investigates solar photovoltaic deployment through community choice aggregation programs. A case study of a solar energy program facilitated through a public energy council in Southeastern Ohio is highlighted, which used a ‘carbon fee’ model to collect a 0.2 cents per kilowatt hour incremental fee above the standard aggregation rate. This premium funds the development of behind-the-meter solar installations, and may serve as an exemplary approach for other aggregation programs to deploy solar.

Read more

The economic, fiscal, and workforce impacts of coal-fired power plant closures in Appalachian Ohio

Jolley, G. J., Khalaf, C., Michaud, G., Sandler, A. (2019). The economic, fiscal, and workforce impacts of coal-fired power plant closures in Appalachian Ohio. Regional Science Policy & Practice, 11(2), 403–422. doi: 10.1111/rsp3.12191.

This study examines the economic, fiscal, and workforce impacts of two Dayton Power & Light (DP&L) coal‐fired power plant closures in Adams County, Ohio. The decommissioning of these facilities, and the closure of an associated training centre, will result in over 1,100 total lost jobs in the Appalachian region. A skillshed analysis revealed that displaced workers transitioning to emerging occupations with similar skill requirements will experience wage decreases. Decommissioned power plants in Ohio no longer pay tangible personal property (TPP) taxes, which will result in $8.5 million in lost tax revenue for local governments. These findings suggest that a multi‐pronged recovery effort will be required to assist this region, which has implications for similar communities in Appalachian Ohio dealing with coal plant closures.

Read more

Non-utility photovoltaic deployment: Evaluation of U.S. state-level policy drivers

Michaud, G., Pitt, D. (2019). Non-utility photovoltaic deployment: Evaluation of U.S. state-level policy drivers. Strategic Planning for Energy and the Environment, 38(3), 52–80. doi: 10.1080/10485236.2019.12043348.

This article examines whether policies to incentivize solar photovoltaic (PV) systems in the United States are achieving their objectives. We focus on non-utility solar PV, i.e., solar energy systems owned by homes, businesses, and other institutions besides electric utilities. Our study compares the impacts of these policy approaches to those of other non-policy factors such as per capita income, electricity costs, and the availability of solar energy resources. Using a hierarchical regression analysis with cross-sectional data from the years 2012-2013, we find that the most important drivers of non-utility PV deployment are retail electricity rates and available solar energy resources, followed by the presence of personal or corporate income tax credits and net metering policies. These findings indicate a need for stronger net metering policies, adoption of income tax credits over property or sales tax exemptions, and more aggressive renewable portfolio standards that create a more effective solar renewable energy credit market.

Read more

Punctuating the equilibrium: A lens to understand energy and environmental policy changes

Michaud, G. (2019). Punctuating the equilibrium: A lens to understand energy and environmental policy changes. International Journal of Energy Research, 43(8), 3053–3057. doi: 10.1002/er.4464.

Governments around the globe enact various energy and environmental policies focused on electricity production and consumption, conservation, waste management, water and air pollution, and many others. The public policy approaches to address such issues often lean toward a status quo that favors more powerful actors who sometimes attempt to stifle innovation. This paper reviews the “Punctuated Equilibrium Theory” framework and how it illuminates novel policy changes in an energy and environment context.

Read more

The economic contribution of logging, forestry, pulp & paper mills, and paper products: A 50-state analysis

Jolley, G. J., Khalaf, C., Michaud, G., Belleville, D. (2020). The economic contribution of logging, forestry, pulp & paper mills, and paper products: A 50-state analysis. Forest Policy and Economics, 115, 1–20. doi: 10.1016/j.forpol.2020.102140.

The existing forest economics literature contains relatively few economic contribution studies at the state level in the U.S. While some prior studies have aggregated the economic contribution of forest sector activities at the regional or multi-state level, none have specifically calculated this in a comprehensive, homogeneous manner across all 50 U.S. states. Utilizing aggregation schemes in the existing literature, this research computes the economic contribution of multiple sectors of the commercial logging, forestry products, pulp & paper mills, and paper products for all 50 states. These findings have important implications, as strengthening these primary sectors of commercial logging and pulp & paper can help enhance wood products industry clusters and their individual industry sectors throughout the U.S. and breed strong regional economies

Read more

Perspectives on community solar policy adoption across the United States

Michaud, G. (2020). Perspectives on community solar policy adoption across the United States. Renewable Energy Focus, 33, 1–15. doi: 10.1016/j.ref.2020.01.001.

This paper focuses on community shared solar photovoltaics (PV), an innovative solar energy program design that allows multiple consumers to share the costs and benefits of ownership in an off-site solar PV facility, opening market access to a wider variety of individuals. Community shared solar has been shown in prior literature to achieve cost reductions through economies of scale, as well as ideal project locations, collaborative emissions goals, and enhanced community cohesion, among other positive attributes. However, only 16 U.S. states plus the District of Columbia currently allow community shared solar implementation via formal legislation. Using a punctuated equilibrium framework and semi-structured telephone interviews with policy experts across the U.S. from the solar industry, environmental groups, government, and electric utilities, this research discovers that electric utility lobbying and an overall lack of attention have hindered community solar enabling legislation. However, opportunities exist for future development via increased participation, collaboration, and key events that may alter the policy equilibrium. Such research is useful in understanding how historically laggard energy policy states may adopt community shared solar legislation in the future.

Read more

Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction

Yan Dong, Paolo Davide Farah, Ivana Gaskova, and Carlo Vittorio Giabardo. “Evaluating China’s Environmental Management and Risks Avoidance Policies and Regulations on Offshore Methane Hydrate Extraction.” Sustainability 12, no. 13 (January 2020): 5331.

Methane hydrates (hereinafter, MH), for many reasons, are widely recognized as a form of sustainable energy due to their environmentally friendly nature. MH, while burning, produce fresh water, which could in turn offer one possible solution to worldwide shortages of water. MH also maintains the capacity to change the landscape of the global energy supply. According to recent scientific evaluations, the potential global supply of MH is even higher than the total storage of traditional crude oil and conventional natural gas. However, its offshore extraction process could be linked to both catastrophic and non-catastrophic events that may contribute to global warming and climate change, cause harm to human health and life, endanger the flora and fauna, and threaten the very global environment as a whole. Therefore, from a legal viewpoint, an efficient and effective system of civil liability rules seem crucial to control the risks, and to compensate the victims to which damages may occur. This article takes into consideration China’s legal framework in assessing the risks connected to MH offshore extraction. Such a choice for examination is justified by China’s leading position for implementing the technology necessary for extracting MH. This analysis shows that China’s current legal instruments are still far from fully equipped to prevent the risks associated with the offshore extraction of MH, as well as to offer effective remedies for the victims once any damages have occurred. Therefore, more efficient measures and remedies should be considered (or even imposed) to address the specific risks of offshore methane hydrate extraction. Indeed, in the past few decades, China’s environmental protection laws and regulations have mainly focused on the environmental risks that may occur during the process of extracting conventional resources; however, they do not address methane hydrates specifically. This presents a legal challenge for environmental protection laws. The potentially catastrophic events that may occur as a result of the offshore MH extraction processes in particular present a legal challenge for environmental protection laws in China and across the globe. Thus, this article focuses on how to prevent these risks before they even occur, followed by a careful attempt to address compensation efforts for any damages caused by said catastrophes.

Read more

Belarusian Ostrovets nuclear power plant: the challenge of cross-border negotiations to balance economic development and environmental protection

Abashidze, Aslan Khuseinovich, Vladimir Mikhailovich Filippov, and Alexander Mikhailovich Solntsev. “Belarusian Ostrovets Nuclear Power Plant: The Challenge of Cross-Border Negotiations to Balance Economic Development and Environmental Protection†.” The Journal of World Energy Law & Business, 2020.

States have sovereign rights that allow them to construct nuclear power plants.Moreover, engaging with nuclear power generation makes possible the achievement of the Sustainable Development Goals (2016-2030) in combating climate change,paramount to the Paris Agreement’s initiatives. In the same vein, however,constructing and operating power plants pose strict dangers to both general safety of the public, and to national security. Thus, plant operations should strictly abide by the International Atomic Energy Agency (IAEA) standards and international law. As a result, it is important to consider the potential transboundary impacts of nuclear power plants and to conduct an appropriate transboundary environmental impact assessment (EIA). The article examines the construction of the Ostrovets Nuclear Power Plant by Belarus, close to the border of the Republic of Lithuania. The question in focus, however, is as follows: What international procedure can be used to coordinate issues of potentially negative transboundary impacts? Lithuania, in order to avoid the operation of the nuclear power plant, thus sought peaceful settlement of the dispute making use of the dispute resolution mechanisms based on international environmental agreements. The authors of this study show that the treaty bodies, established on the basis of international environmental agreements,provide important assistance in this matter in coordination with the IAEA. The use of these quasi-judicial means of resolving interstate disputes proves effective in pursuing a compromise between economic development and environmental protection. In the absence of such mechanisms at a universal level, one should consider utilizing such mechanisms in other regions of the world.

Read more

Philosophy of energy and energy transition in the age of the petro-Anthropocene

Heurtebise, Jean-Yves. Philosophy of energy and energy transition in the age of the petro-Anthropocene.The Journal of World Energy Law & Business, 2020.

The purpose of this paper is to present the multidimensional issue of an “energy transition” from a philosophical, i.e. conceptual and analytical, point of view. The argument of this paper is that “energy transition” is not simply a technological and economic problem, but also an epistemological, cultural, anthropological and even metaphysical one. Energy transition does not only consist of changing the kind of energy that is produced and consumed to power our modern middle-income societies, from fossil-fuels to renewable energies. Energy transition asks us to understand what is implied in cultural and social terms by such a shift from“grey” to “green” sources of energy that does not only entail qualitative transformation, but also could imply quantitative curtailment. What will be the consequences of our necessary departure from “petromodernity”, i.e. from the mode of living that came with fossil-fuels in modern times that shape our current age of the Anthropocene? To address this question, different dimensions of the philosophy of energy will be studied: epistemological, phenomenological,anthropological, critical and metaphysical. In conclusion, we will, first, propose the notion of  a “negative energy tax” to address the problems of “energy injustice”. We will then refer to Bataille to provide an ontology of energy that can help to redefine our assumptions and expectations regarding energy spending.

Read more

Trade in Electricity under WTO and EAEU Law: Compatibility of Two Legal Regimes

Boklan, Daria, and Belova, Olga. “Trade in Electricity under WTO and EAEU Law: Compatibility of Two Legal Regimes.” The Journal of World Energy Law & Business, 2020.

Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan,necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on July 1, 2019.  As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between member states of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.

Read more

Legal Framework for the Interstate Cooperation on Development and Transport of Fossil Natural Resources of the Caspian Sea

Pawletta, Barbara. “Legal Framework for the Interstate Cooperation on Development and Transport of Fossil Natural Resources of the Caspian Sea” The Journal of World Energy Law & Business, 2020.

This article focuses on the regulations of the Convention on the legal status of the Caspian Sea (hereinafter as Caspian Sea Convention), which was adopted in 2018.It regulates the development and access to Caspian fossil fuel resources and protects its environment, which are important factors for the sustainable development of the region. The main finding of this paper is that the Caspian Sea Convention, having established the maritime zones, has, for the first time ever, recognized the territorial sovereignty of the individual riparian states in the Caspian Sea and defined its territorial scope. After presenting to the riparian states' their rights and obligations within the newly defined maritime zones, the paper analyzes the new legal framework for the development and use of the natural resources of the Caspian Sea. It also elaborates on the new legal regime for the transportation of resources by means of vessels and submarine pipelines.

Read more

Governing the Transboundary Risks of Offshore Methane Hydrate Exploration in the Seabed and Ocean Floor—an Analysis on International Provisions and Chinese Law

Yan, Dong, Paolo Davide Farah, Tivadar Ötvös, and Ivana Gaskova. “Governing the Transboundary Risks of Offshore Methane Hydrate Exploration in the Seabed and Ocean Floor—an Analysis on International Provisions and Chinese Law.” The Journal of World Energy Law & Business, 2020.

Considering the fact that its existence is abundant while maintaining the ability to generate freshwater while burning, methane hydrates have been classified as sources of sustainable energy. China currently maintains an international role in developing technology meant to explore offshore methane hydrates buried under the mud of the seabed, their primary laboratory being the South China Sea.However, such a process does not come without its hazards and fatal consequences ranging from the destruction of the flora and fauna, the general environment, and – the greatest hazard of all – the cost of human life. The United Nations Convention on the Law of the Sea (hereinafter ‘UNCLOS’), being an important international legal regime and instrument, has assigned damage control during the exploration of methane hydrates as being the responsibilities, and liability, of individual sovereign states and corporations. China adopted the Deep Seabed Mining Law (hereinafter the DSMLaw) on 26 February 2016, which came into force on the 1 of May 2016, a regulation providing the legal framework also for the Chinese government’s role in methane hydrate exploratory activities. This article examines the role of the DSM Law and its provisions, as well as several international documents intended to prevent transboundary environmental harm from arising as a result of offshore methane hydrate extraction. Despite the obvious risk of harm to the environment as a result of such activities, the DSM Law has made great strides in regulating exploratory activities so as to meet the criteria of the UNCLOS. However, this article argues that neither the UNCLOS nor the DSM Law are adequately prepared to address transboundary harm triggered by the exploitation of offshore methane hydrates. In particular, the technology of such extractionis still at an experimental stage, and potential risks remain uncertain – and even untraceable - for cross-jurisdictional claims. The article intends to seek available legal instruments, or models, to overhaul the incapacity within the current governing framework, and offers suggestions supporting national and international legislative efforts towards protecting the environment during methane hydrate extraction.

Read more

Trade in Clean Energy Technologies: Sliding from Protection to Protectionism through Obligations for Technology Transfer in Climate Change Law, or Vice Versa?

Koskina, Anthi, Farah, Paolo Davide and Ibrahim, Imad Antoine. “Trade in Clean Energy Technologies: Sliding from Protection to Protectionism through Obligations for Technology Transfer in Climate Change Law, or Vice Versa?” The Journal of World Energy Law & Business, 2020.

This paper focuses on the concept of energy security in assessing whether, and how,the priorities related to climate change are gradually changing. After analyzing climate change’s impact on China, conducted via an analysis of the study’s available literature and through the support of international data,this article mainly focuses on the concept of energy security, itself. Under the second section, based on the examination of China’s efforts to transition towards a low-carbon economy, the authors provide a holistic definition of energy security through the lens of three dimensions: energy supply security,energy economy, and energy ecological security. The third section, in turn,addresses the relationship between energy security and climate change. The results presented in the conclusion insist that, in order to strengthen environmental protection in China, it is crucial to reform the highly inefficient and strictly regulated national energy market. In doing so, China’s transition to a low-carbon society and economy could prove less painful, as China’s available resources offer the potential for a strengthened ecological dimension and sustained socio-economic development.

Read more

China’s Energy Policies and Strategies for Climate Change and Energy Security

Haifeng Deng, and Farah, Paolo Davide . “China’s Energy Policies and Strategies for Climate Change and Energy Security.” The Journal of World Energy Law & Business, 2020.

National energy security, parallel with the ultimate goal of emissions reductions, is of utmost priority for the Chinese government. In order to comply with the requirements set by the Kyoto Protocol, the Chinese government announced, on November 25, 2009, that 2020’s CO2 emissions would be reduced by 40%-45% in accordance with the data collected from 2005. Said goal was met three years ahead of schedule. Even in light of such an accomplishment, however, commentators suggest that the overall nationally determined contributions (NDCs) made by the Parties belonging to the Paris agreement are not enough to reduce global warming by even 2°C.

Read more

Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies

Farah, Paolo Davide. “Strategies to Balance Energy Security, Business, Trade and Sustainable Development: Selected Case Studies.” The Journal of World Energy Law & Business, 2020.

Human societies have witnessed great developments in the last couple of centuries for many reasons, including the use of energy in particular conventional energy resources such as oil and gas. Such developments have resulted in a situation where each state has been seeking to ensure the existence of sufficient and constant energy supplies that allow the functioning of its society, the constant economic growth and the protection of national security.  This has been the case where nations with great energy supplies have had the upper hand in geopolitics and in determining the market price. This is why numerous countries that lacked such energy supplies have adopted a strategy of ensuring good relations with the nations exporting conventional energy resources.  Particularly, in the last couple decades,these nations have simultaneously started investing in alternative energy sources such as nuclear and renewable energies to reduce dependency on conventional energy sources. Additionally, while some nations have succeeded in using alternative energy sources to reduce such dependency, others have failed despite the huge investments made in this context. Even worse, many nations who have a huge amount of energy reserves have witnessed the so-called resource curse as the populations of these countries did not benefit at all from the exploitation of the natural resources.  Yet, regardless of all these realities, energy is still considered as the main element that allows the development and progress of any nation, which is why the focus is on ensuring energy security by any means possible.

Read more

Business and Human Rights in Europe: International Law Challenges (Foreword)

Paolo Davide Farah, Foreword to Angelica Bonfanti, Business and Human Rights in Europe: International Law Challenges, gLAWcal Book Series Transnational Law and Governance Series, Routledge Publishing (New-York/London), ISBN 9781138484672, 2018, pp. XIV - XXI. Available at SSRN: https://ssrn.com/abstract=3263766

This book, through various differently oriented chapters, tries to give an insight on how the European Union and its multilevel model of governance must try to strike a balance between diverging interests and priorities. In particular, the EU and the European states (including the CoE’s Members) should implement all possible actions to protect individuals’ dignity, along with other important sustainable community priorities such as public health, sustainable development and the protection of the environment, social values, and fundamental freedoms. At the same time the regulations and practices should be able to build-up an appropriate business environment that is sufficiently friendly to corporate activity to permit companies to produce growth and create new job opportunities, without affecting any of the individual substantial rights and liberties. The book contains chapters providing an overview and comparison of different existing practices with constructive suggestions for future policy-making, as well as chapters dealing with more specific issues related to business and human rights. Overall, this book attempts not only to summarize the outcomes of the most intensely debated challenges; it also tries to provide constructive criticism and valuable suggestions for the future for policymakers and legislators to move forward. Business and human rights hold many complex and intricate relations, as well as the interests of subjects who do not have an equal social and legal position. All these diverging values and opposing concerns require a very delicate and diplomatic approach in order to bring clarity and binding security for all the involved stakeholders. Nevertheless, the future outlook of the field looks promising, mainly due to the large amount of documents, frameworks, opinions, and bilateral agreements, but also thanks to the incessant and sometimes constructively obstinate activity of institutions, and national and international courts. This book has the potential to also be one of the sources for fostering incremental positive development in order to consolidate more human conditions and values in the global economy, free-trade and business, which should be primarily for humans. Not only for the privileged ones, but for all human beings.

Read more

Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships?

Farah, Paolo Davide and Otvos, Tivadar, Competition Law and Trade in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships? (June 26, 2018). Competition Law in Energy vs. Sustainable Development: A Clash of Individualism and Cooperative Partnerships?; Arizona State Law Journal, Vol. 50, No. 2, 2018, pp. 49. Available at SSRN: https://ssrn.com/abstract=3227777

At first sight the potential discrepancy between competitive behavior of market participants, trade rules and the basic notion of sustainable development may seem to be of a negligible importance. However, during the interactions of market processes with sustainability goals through various levels of support, provided by public or private entities problems arise, even more so in the light of the commitments of the Paris Agreement, the United Nations Sustainable Development Goals (SDGs) and corporate social responsibility principles. This Article aims to address the most obvious overlappings between these areas under the coverage of legal provisions regulating the grant of state aid, subsidies and policies related to mutual cooperation of private subjects towards achieving sustainability. The purpose is to draw conclusions regarding the criteria taken into consideration during the evaluation of competition distorting behaviors in case of environmental and sustainable energy state aid, subsidy- and contract-based cooperation and coalitions among private entities.

Read more

European Union and Non-Trade Concerns in the World Trading System

Farah, Paolo Davide, L'Unione Europea e i Valori Non Commerciali nel Sistema Globale degli Scambi (European Union and Non-Trade Concerns in the World Trading System) (January 28, 2018). in Louis Godart and Sandro Gozi (edited), CITTADINANZA EUROPEA E DIRITTI UMANI (European Citizenship and Human Rights), Pubblicazioni del Sottosegrerio di Stato alla Presidenza del Consiglio dei Ministri del Governo Italiano (Publications of the Presidency of Council of Ministries of Italy). Available at SSRN: https://ssrn.com/abstract=3226463

The adverse position and protests of civil society on economic globalization from the Seattle movement against the World Trade Organization Ministerial Conference in 1999 to Occupy Wall Street have been primarily fueled by the concerns for the negative consequences and effects that globalization might have, amongst the others, on environmental protection and labor rights. To let the international community better understand that economic liberalization is not merely aimed at ‘pure’ economic growth, it is necessary to take as a model that should be applied on a global scale the integration process of the European Union (EU). Since the establishment of the European Economic Community the four freedom of the Internal Market (people, services, capital and goods) have been essential to reach this objective. The EU is relying on the flexibility offered by the Art. XX of GATT 1994, and broadly the WTO framework to include under its trade policy what has been referred as Non-trade concerns (NTCs). NTCs seek to balance the excess that, a globalization too much focused on economic growth have created. The Regulation EU 995/2010, known as “EU-Timber Regulation” is a leading example of this approach. EUTR, in fact, prohibits the placing and use on the internal market of timber and timber products that come from illegal activities. The aim of the regulation is to enhance trough market restrictions environmental protection, the sustainable use of resources in the EU and abroad. Another example of this approach is the Free Trade Agreement ratified in 2015 with South Korea. The EU-South Korea FTA under its chapter 13 titled “Trade and Sustainable Development” calls for the protection of the environment and of labor rights. Further, the FTA explicitly refers to the discipline of the International Labor Organization (Article 13.4) and to the United Nations Framework Convention on Climate Change (Article 13.5). The EU should keep following this path to make clear its intention to distinguish between a globalization without a soul and a globalization that increase standard of living, quality of life and environmental protection. Economic sustainability and the inclusion of NTCs should be, therefore, founding values for the EU institutions and citizens.

Read more

Meritocracy: a key factor for political ascent in post-Maoist China?

La meritocracia: ¿un factor clave para el ascenso político en la China post-maoísta? (“Meritocracy: a key factor for political ascent in post-Maoist China?”). (2017). Jiexi Zhongguo, (25)

Read more

An approximation to the Asian Infrastructure Investment Bank from the perspective of the Chinese foreign policy

Una aproximación al Banco Asiático de Inversión en Infraestructuras desde la óptica de la política exterior china (“An approximation to the Asian Infrastructure Investment Bank from the perspective of the Chinese foreign policy”). (2016). Jiexi Zhongguo, (21).

Read more

Sino-North Korean relations: between detachment and understanding

Relaciones sino-norcoreanas: entre el distanciamiento y el entendimiento (“Sino-North Korean relations: between detachment and understanding”). (2016). Jiexi Zhongguo, (20).

Read more

Chinese Perspective of International Law

Farah, Paolo Davide, La Perspectiva China del Derecho Internacional (Chinese Perspective of International Law) (December 1, 2017). Spanish Journal of International Law, Volume 70/1, January - June 2018, pp. 227-234. Available at SSRN: https://ssrn.com/abstract=3174074

China joined the international community of the United Nations (UN) shortly after the establishment of the organization in 1945. Even though China was to a certain extent treated as an international pariah in the turbulent times following the civil war won by the Mao Ze Dong and the Communist Party, significant success was marked in 1971 when – already as the People's Republic of China – it was awarded a permanent seat in the UN Security Council, originally held by Taiwan. This step might be also interpreted as the international community's tacit approval of One China policy. From the very beginning, China followed a pragmatic approach to its membership in the Security Council in particular and UN in general, considering its personal interests and building coalitions, especially between the countries of global South. As China's economy has grown, the country has also taken over a more active and assertive role in UN. When talking about the Chinese perspective of international law, it is firstly necessary to clarify the Chinese perception of law in general, and the paper will make a brief overview. Additionally, China's accession to the WTO has been an important milestone not only for China, but also for the international community and global economy. China's accession made the WTO a truly worldwide organization. The differences between respective members of the WTO from various regions of the world concern also the values they promote and this paper will focus on Non-Trade Concerns. For instance, China has a different perception of human rights than the Western countries. Moreover, China has demonstrated its willingness to assume responsibility and to foster international action to combat climate change.

Read more

EU Energy Cooperation and Natural Gas in the Levant Basin: Assessing the Role of the Mediterranean Energy Regulators' Association

Farah, Paolo Davide and Tremolada, Riccardo, La cooperazione energetica dell’Unione Europea e il Gas Naturale nel Bacino di Levante: Quale Ruolo per l’Associazione delle Autorità dell’Energia del Mediterraneo (MedReg)? (EU Energy Cooperation and Natural Gas in the Levant Basin: Assessing the Role of the Mediterranean Energy Regulators' Association) (October 1, 2017). Diritto Comunitario e degli Scambi Internazionali (Community Law and International Trade), 4/2017, pp. 671 - 700 .

The natural gas present in the Levant Basin is an energy source of primary importance not only for the states bordering the eastern Mediterranean Sea, but for the European Union as well. Nevertheless, natural gas in this stretch of sea has so far been scarcely exploited, mainly because of the geopolitical tensions that have affected the region for at least a century. Against this context, the present contribution analyzes the normative and regulatory trends among the countries situated to the west of the Levant Basin and the European Union, closely examining the current and potential role played by MedReg, the Association of Mediterranean Energy Regulators, to evaluate the adequacy of current methods of cooperation in energy exchanges.

Read more

The military intervention in the territory of the Autonomous Republic of Crimea: International Law Perspective

ŠVEC, Martin. The military intervention in the territory of the Autonomous Republic of Crimea: International Law Perspective. Vojenské obsazení autonomní republiky Krym z pohledu mezinárodního práva. Bulletin Centra pro lidská práva a demokratizaci, Centrum pro lidská práva a demokratizaci o.s., 2014. ISSN 1804-2392.

Read more

The Legal Regime Governing the Use of Force in the Fight against Non-state actor: East Ukraine 2015

ŠVEC, Martin. The Legal Regime Governing the Use of Force in the Fight against Non-state actor: East Ukraine 2015. In Tereza Kyselovská, Vojtěch Kadlubiec, Jan Provazník, Nelly Springinsfeldová, Alica Virdzeková. Cofola 2015: Conference Proceedings. Brno: Masaryk University, 2015. p. 131-146, 16 pp. ISBN 978-80-210-7976-2.

Read more

International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements

ŠVEC, Martin. International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements. In Klára Drličková. Cofola International 2015: Current Challenges to Resolution of International (Cross-border) Disputes: Conference Proceedings. Brno: Masaryk University, 2015. p. 206-218, 13 pp. ISBN 978-80-210-8020-1.

Read more

The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case

ŠVEC, Martin. The Energy Charter Treaty: Renewable Energy Disputes in Light of the Charanne Case. In Klára Drličková, Tereza Kyselovská. Cofola International 2016: Resolution of International Disputes and Public Law in the Context of Immigration Crisis: Conference Proceedings. 1st edition. Brno, 2016. p. 237-488. ISBN 978-80-210-8356-1.

Read more

The Role of Gas Storage in European and National Energy Policy: Security of Gas Supply

ŠVEC, Martin. The Role of Gas Storage in European and National Energy Policy: Security of Gas Supply. In Jiří Franěk. Participants’ reviewed papers from 18th International Conference MEKON 2016, February 3-4. Ostrava: Vysoká škola báňská – Technická univerzita Ostrava, Faculty of Economics, 2016. p. 281-289, 9 pp. ISBN 978-80-248-3899-1.

Read more

Investment Protection of Energy Projects in the European Union

ŠVEC, Martin. Investment Protection of Energy Projects in the European Union. In Participants’ reviewed papers from 19th International Conference MEKON 2017. Ostrava: Vysoká škola báňská – Technická univerzita Ostrava, Faculty of Economics, 2017. p. 234-243, 10 pp. ISBN 978-80-248-4034-5.

Read more

Chapter 10: Czech Republic

RADVAN, Michal and ŠVEC, Martin. Chapter 10: Czech Republic. In Michael Lang et al (eds.). The Impact of Bilateral Investment Treaties on Taxation. 1. vyd. Amsterdam: IBFD, 2017. p. 257-282, 26 pp. WU Series, vol. 8. ISBN 978-90-8722-431-8.

Read more

Reinforcing Energy Governance under the EU Energy Diplomacy: A Proposal for Strengthening Energy Frameworks in Africa.

ŠVEC, Martin and BARRA, Matteo. Reinforcing Energy Governance under the EU Energy Diplomacy: A Proposal for Strengthening Energy Frameworks in Africa. European Journal of Risk Regulation. Cambridge University Press. (forthcoming 2018).

Read more

Rights, Obligations and Responsibilities of the Arbitrator

Bestagno, Francesco. “Diritti, Doveri e Responsabilità Degli Arbitri.” BREVIARIA IURIS, 2010, 751–766.

Read more

Globalisation and Underdevelopment

"Globalizzazione e sottosviluppo" (Globalisation and Underdevelopment), in Globalizzazione e mobilità geografica (Proceedings of the meeting held in Vercelli, June 2001), ed. C. Brusa, Memorie della Società Geografica Italiana, Roma , 2002

Read more

Urban development in Italy in the age of the flexible and globalistic capitalism

"Lo sviluppo urbano nell'Italia del capitalismo flessibile e globalistico" (Urban development in Italy in the age of the flexible and globalistic capitalism), report to 28th Ital. Geogr. Congr. with the collaboration of R. Afferni, S. Cerutti and M.Gibin, in Atti XXVIII Congresso Geografico Italiano, vol. I, Roma 18-22 Giugno 2000, Edigeo , Printed by Abilgraph 2003, pp.393-432

Read more

Towards sustainable tourism in Italy

"Towards sustainable tourism in Italy", in Geo-Italy 4: Geographies of Diversity - Italian Perspectives, C.N.R. - Italian Committee for International Geograpghical Italiana and Soc. Geogr. Ital., Roma, 2000, 323-337.

Read more

Geopolitics and geoeconomics: from colonialism to globalism

"Geopolitics and geoeconomics: from colonialism to globalism", International Conference on F. Ratzel , Trieste 1998, Roma, Societa’ Geografica Italiana, Memorie, 2001; and “Geopolitica e Geoeconomia. Dal Colonialismo al Globalismo, in Bollettino della Società Geografica Italiana, n.4, Oct.-Dez. 2001.

Read more

Cultural Heritage and local economic development

"Patrimonio cultural y desarrollo economico local" (Cultural Heritage and local economic development), in Jornadas de Patrimonio, Gobierno de Aragon, Zaragoza, 11-13rd May 1998; and in italian “Patrimonio culturale e sviluppo economico locale”, in Boll. Soc. Geogr. Ital., n. 4, 1999.

Read more

Eastern Asia in the global development

"L’Oriente asiatico nello sviluppo mondiale" (Eastern Asia in the global development), in M.T. Di Maggio Alleruzzo, (Ed.), L'Oriente asiatico nello scenario del terzo millennio, Roma, Soc. Geogr. Ital. ,Memorie vol.LX,, , 1999, pp.179-197

Read more

Development Models and Experiences of Manufacturing SMEs in Italy

“Development Models and Experiences of Manufacturing SMEs in Italy” , Working Papers n.9, DIT- Dipartimento Interateneo Territorio, Università e Politecnico di Torino, 1999 : Final Report of Italian Research Team, EU ACE Phare Project on The survival. Growth and Support Needs of Manufaturing SMEs in Poland and the Baltic States: Developing a Policy Agenda, coord. by D. Smallbone, Middlesex University, London,1996 (Editor)

Read more

Collaboration as a route to SME competitiveness

“Collaboration as a route to SME competitiveness”, paper presented to the I Workshop of the EU ACE Phare project on “The Survival, Growth and Support Needs of Manufacturing SMEs in Poland and the Baltic States: Developing a Policy Agenda, coord. by D. Smallbone of Middlesex University, held at Lodz University , on 14th December 1995, in Working Papers n.9, DIT- Dipartimento Interateneo Territorio, Università e Politecnico di Torino, 1999, and in Competizione globale e sviluppo locale tra etica e innovazione, Milano, Giuffré Editore, 2003 , Tomo I, pp. 65-82

Read more

Italian contribution to the sustainable development of Latin America: state, potentiality, perspective

"Il contributo italiano allo sviluppo sostenibile dell'America Latina: stato, potenzialità, scenari" (Italian contribution to the sustainable development of Latin America: state, potentiality, perspective), Atti del Convegno Internaz: di Studi "Il sistema socio-economico dell'America Latina: Il contributo degli Italiani, edited by AGeI and CICS EULA, Catania, 3rd-5th may 1993.

Read more

Environment and Mediterranean regional cooperation

"Ambiente e cooperazione regionale mediterranea" (Environment and Mediterranean regional cooperation) , in P. Brandis e G. Scanu (Eds.), La Sardegna nel Mondo Mediterraneo”, Sassari, Università degli Studi di Sassari, aprile 1993, Bologna, Patron, 1995, vol.10, pp.27-56.

Read more

The industrial district and Italian development

"El districto industrial y el desarrollo italiano" (The industrial district and Italian development) , I Seminario Venezolano de Gerencia: La PyME en el umbral del siglo XXI, Caracas, ASOPYME, marzo 1993.

Read more

Neoprotectionism and the geography of the world market

“Neoprotectionism and the geography of the world market”, in David L. HUFF (Ed.), International Dimensions of Commercial Systems, International Symposium, International Geographical Union - Commission: Geography of Commercial Activities, Austin, Texas, July 1992; and "Neoprotezionismo e regionalizzazione del mercato mondiale" , in Economia Marche, a.XI, n. 2, agosto 1992.

Read more

An Environment and Development Geography for the I.E.F. action

"An Environment and Development Geography for the I.E.F. action", contribution to the 27th International Geographical Congress, Washington, August 1992, in the Proceedings of the Congress and in “La Sardegna nel mondo mediterraneo”, Bologna Patron, 1995.

Read more

For the protection of our common earth and for human progress: The International Environment Fund

“For the protection of our common earth and for human progress: The International Environment Fund (I.E.F.), paper given to a Working Group of the European Parliament for the UN Conference on Environment and Development of Rio de Janeiro, 1992.

Read more

Integration and regionalization of the world market

"Integrazione e regionalizzazione del mercato mondiale" (Integration and regionalization of the world market), in Le barriere non tariffarie e tutela del consumatore, edited by O. Calliano, Rome, Istituto per il Commercio Estero (ICE), 1992.

Read more

A world eco-fund for the regulation of the international environmental system

"A world eco-fund for the regulation of the international environmental system", in United Nations Workshop on Creative Financing for Environmentally Sound Technologies, Belèm do Parà(Brazil) 2nd-7th December 1990, New York, United Nations Centre for Science and Technology for Development (UNCSTD), Document 21, Group F.

Read more

Local resources and development

"Risorse e sviluppo" (Local resources and development), in A.Ge.I, Atti del XXV Congresso...,ib., Catania, 1989, vol. I, Sezione Quarta, pp. 193-197.

Read more

Development Aid: The case of Etiopia

La cooperazione allo sviluppo. Il caso dell’Etiopia (Tavola Rotonda – Ancona 16-9-1987)”, in Educazione allo Sviluppo e alla Pace. Progetto pilota per le scuole secondarie superiori 1986/88, ed. by Provincia di Ancona, Unicef and Provveditorato agli Studi di Ancona , Roma, Edizioni CISD, 1988, pp.249-275 (co-ordination and interventions)

Read more

Reading and bibliographic guide to the economic development problems

Antologia e guida bibliografica sui problemi dello sviluppo economico (Reading and bibliographic guide to the economic development problems) (given in the Seminar on "Development and Underdevelopment", held in Senigallia, 10th - 16th September 1987, in the sphere of the "Progetto pilota per l'educazione allo sviluppo e alla pace" promoted by Provincia di Ancona-Unicef-Provveditorato agli Studi di Ancona), Ancona, Dip.to di Economia - University of Ancona, July 1987 (introduction to the work and coordination).

Read more

The values of the environment in present capitalist transition: the role of geography

"I valori ambientali nella transizione: quale ruolo per la geografia?" (The values of the environment in present capitalist transition: the role of geography), Round Table in the 25th Italian Geographical Congress (Torino, 26th - 31st May 1986), in Geothema 4: Tavole Rotonde e Seminari, Bologna, Patron ed., 1988 (introductory lecture and coordination of the Round Table).

Read more

The Urban Crisis in Italy

"The Urban Crisis in Italy", in G. Heinritz & E. Lichtenberger (Eds), The take-off of suburbia and the crisis of the central city, Proceedings of the international symposium in Munich and Vienna 1984, Stuttgart, Steiner V., 1986,pp. 207-227.

Read more

The need for a new international order

"A necessidade de uma nova ordem internacional" (The need for a new international order), Lecture to the Round Table "A America Latina e a perspectiva de uma nova ordem internacional", Conferencia Regional Latino-Americana, International Geographical Union, Rio de Janeiro, Fundaçao I.B.G.E., 1982.

Read more

The underdevelopment problem

"La problematica del sottosviluppo" (The underdevelopment problem), in La ricerca geografica in Italia 1960-1980, edited by the A.Ge.I., Varese, Ask Ed., 1980, pp. 749-761.

Read more

How to enter the market and do business in a fast industrialising country: the case of Brazil

“Come introdursi ed operare in un paese a rapido sviluppo industriale. Il caso del Brasile”(How to enter the market and do business in a fast industrialising country: the case of Brazil) , lecture to the group of work no.7 of III Workshop sulle piccole e medie imprese:"Rafforzare le piccole e medie imprese italiane nella competizione internazionale", Gardone Riviera, 20-21 giugno 1980, organized by the Fondazione G. Agnelli with the Agenzia Industriale Italiana, Torino, 1980 (also in Il Piccolo, Trieste, 22.6.1980).

Read more

North-East Brazil in the process of national and international integration

"Il Nordeste brasiliano nel processo d'integrazione nazionale ed internazionale" (North-East Brazil in the process of national and international integration), in Bollettino della Società Geografica Italiana, 1980, nn. 7-9, pp. 257-289.

Read more

Regional development, social and residential mobility: examples from Piedmont

"Sviluppo regionale, mobilità sociale e residenziale, con riferimento al caso piemontese" (Regional development, social and residential mobility: examples from Piedmont), in Rivista Geografica Italiana, n. 1, march 1979, 3-29.

Read more

The position of Austria in global trade and geo-economics

"La position géo-économique et commercial de l'Autriche" (The position of Austria in global trade and geo-economics), in Austriaca, Cahiers du Centre d'Etudes Autrichiennes, University of Rouen, n. 6, 1976, pp. 19-44.

Read more

Some problems of the retail reorganization and development policy in Italy

"Quelques problèmes de la politique de rèorganisation et de dèveloppement du commerce de detail en Italie"( Some problems of the retail reorganization and development policy in Italy), in Actes du colloque international de géographie: "Urbanisme commercial et rénovation urbaine", edited by the University of Liege and of the Commission of Applied Geography of the International Geographical Union., Liege 8th - 13th Sept. 1975, pp. 9-22.

Read more

The importance of labour power in a theory territorial human organization

"Il 'valore' della forza-lavoro quale fondamento di una teoria dell'organizzazione umana del territorio: alcune ipotesi" (The importance of labour power in a theory territorial human organization), in Colloquio sulle basi teoriche della ricerca geografica(Dejoz, Valle d'Aosta, 11th - 12th October 1974), Torino, G.Giappichelli Ed., 1975, pp. 39-45.

Read more

Regional Inequalities and Spatial Patterns of Planned Development in a problem-region: the Brazilian North-East

"Squilibri regionali e direttrici territoriali dello sviluppo pianificato in una regione-problema: il Nordeste brasiliano"(Regional Inequalities and Spatial Patterns of Planned Development in a problem-region: the Brazilian North-East) , in Atti della Tavola Rotonda di Geografia applicata sul tema: "Poli, Assi e Aree di sviluppo economico con particolare riguardo alle regioni sottosviluppate", Rome, 22nd-23rd May 1972, Società Geografica Italiana, pp. 111-130.

Read more

Anthrogeographical notes on Yanoàma

"Note antropogeografiche sugli Yanoàma" (Anthrogeographical notes on Yanoàma), in Annali di Ricerca e Studi di Geografia, XXV, n. 1, 1969, 28 p.

Read more

Recent demographic variations and their influences in the agglomeration of Turin

"Recenti variazioni demografiche e loro riflessi nell'agglomerazione torinese" (Recent demographic variations and their influences in the agglomeration of Turin), in Cronache Economiche of the C.C.I.A.A. of Torino, n. 316, 1969, abstr. 8 p. (paper presented at the 21th International Geographical Congress, New Dehli 1968).

Read more

Population

"La popolazione" (Population), in Venaria: la città ed il territorio, Torino, Lab. Geogr. Econ. "P. Gribaudi", University of Torino, 1968, abstr. 31 p.

Read more

Local Morphology and Industrial Expansion in the Urban Area of San Paolo, Brazil

"Morfologia locale ed espansione industriale nell'area urbana di San Paolo (Brasile)"(Local Morphology and Industrial Expansion in the Urban Area of San Paolo, Brazil) , in Atti del XX Congresso Geografico Italiano, Rome, 29th March-3rd April 1967, abstr. 9 p.

Read more

The Case VLK and the Case Križan of the Court of Justice of the European Union

Der Fall VLK (EuGH, Lesoochranárske združenie VLK vs. Ministerstvo životného prostredia Slovenskej republiky, C-240/09 vom 8. März 2011) sowie der Fall Križan (EuGH, Križan und koll. vs. Slovenská inšpekcia životného prostredia, C-416/10 vom 15. Januar 2013) (The Case VLK and the Case Križan of the Court of Justice of the European Union), ZEITSCHRIFT OSTEUROPA-RECHT 1/2016, pp. 126-132

Read more

Decision of the Constitutional Court of the Slovak Republic of December 1st, 2015, ÚS 90/2015-40

Das Urteil des Verfassungsgerichts vom 1. Dezember 2015, AZ: III. ÚS 90/2015-40 (Decision of the Constitutional Court of the Slovak Republic of December 1st, 2015, ÚS 90/2015-40), ZEITSCHRIFT OSTEUROPA-RECHT 3/2016, pp. 386-89

Read more

Protection of Refugees under Art.3 and 5 of the Convention

Der Flüchtlingsschutz im Lichte der Art.3 und 5 der EMRK (Protection of Refugees under Art.3 and 5 of the Convention), ZEITSCHRIFT OSTEUROPA-RECHT 3/2016, pp. 392-95

Read more

2016 Environmental Law of the Slovak Republic

2016 Environmental Law of the Slovak Republic (with Prof. K.W. Junker), COMPARATIVE ENVIRONMENTAL LAW AND REGULATION, Chapter 46A, pp. 1-38 (Nicholas A. Robinson, Elizabeth Burleson and Lin-Heng Lye eds., Thomson Reuters)

Read more

The Risk of Absconding under Art.28 of the Dublin-III-Regulation

Die Fluchtgefahr i. S. v. Art. 28 Dublin-III-Verordnung (The Risk of Absconding under Art.28 of the Dublin-III-Regulation), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 241-244

Read more

Public Participation Rights in Environmental Matters at EU Level: Access to Information

Beteiligungsrechte der Öffentlichkeit in Umweltangelegenheiten auf der EU-Ebene: Der Zugang zu Informationen (Public Participation Rights in Environmental Matters at EU Level: Access to Information), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 238-241

Read more

The Habitats Directive and Public Participation Rights in Environmental Matters

Die EU-Habitat-Richtlinie und die Beteiligungsrechte der Öffentlichkeit in Umweltangelegenheiten (The Habitats Directive and Public Participation Rights in Environmental Matters), ZEITSCHRIFT OSTEUROPA-RECHT 2/2017, pp. 233-238

Read more

Decision in the Case Navalnyj vs. Russia from February 2nd, 2017

Entscheidung in Sache Navalnyj gegen Russland vom 2. Februar 2017 (Decision in the Case Navalnyj vs. Russia from February 2nd, 2017), ZEITSCHRIFT OSTEUROPA-RECHT 3/2017, pp. 366-371

Read more

Refugee Law in the Spotlight of the Supreme Court of the Slovak Republic

Flüchtlingsrecht im Visier des Obersten Gerichts der Slowakischen Republik (Refugee Law in the Spotlight of the Supreme Court of the Slovak Republic), ZEITSCHRIFT OSTEUROPA-RECHT 4/2017, pp. 519-522

Read more

The State of Health and Transfer under the Dublin III Regulation

2017 Die Rolle des Gesundheitszustands bei der Überstellung nach Dublin III. Verordnung (The State of Health and Transfer under the Dublin III Regulation), ZEITSCHRIFT OSTEUROPA-RECHT 4/2017, pp. 522-525

Read more

Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises (December 17, 2008). Hanse Law Review (HanseLR), Vol. 3, No. 1, September 2008.

When an individual has suffered a violation of her human rights by or involving corporations, she should have recourse to a court or quasi-judicial mechanism to enforce responsibility of perpetrator. It appears that the victims of human rights violations by or involving corporations have presently a limited access to a court either in their home country or in the country where the corporation in question is registered or, indeed, in the international arena. The present article attempts to clarify whether existing implementation procedures under the OECD Guidelines for Multinational Enterprises are effective and whether they could serve as a point of departure for enforcing human rights obligations of corporations. The OECD Guidelines for Multinational Enterprises are the only international corporate responsibility instrument that has been formally adopted by states. In this way, the OECD Member States are obliged to establish National Contact Points, which have primary responsibility to ensure the implementation of the OECD Guidelines for Multinational Enterprises at the national level. In this way, the present article argues national implementation of the OECD Guidelines remains a challenge in a number of countries. To this end, it examines a growing number of jurisprudence under the National Contact Points relates to human rights and it investigates challenges faced by a number of states regarding the implementation of the OECD Guidelines. Finally, a convincing argument can be made that these problems are all surmountable by strengthening the existing implementation system of the National Contact Points. This article lends its support to the growing trends movement arguing for more effective regulation of corporations relating to human rights at national and international levels.

Read more

The Conundrum of the Piran Bay: Slovenia v. Croatia - The Case of Maritime Delimitation

Avbelj, Matej and Letnar Cernic, Jernej, The Conundrum of the Piran Bay: Slovenia v. Croatia - The Case of Maritime Delimitation. The University of Pennsylvania Journal of International Law & Policy, Vol. 5, No. 2, 2007. Reprinted in A. Sabitha (ed.), Marine Environment: Governance Concerns, 2009, Amicus Books, Icfai University Press, ISBN 81-314-2285-4.

Drawing borders between countries has historically been a very demanding task, often underpinned by deeply-rooted emotions that suppress the argumentative dialogue and reasoning and in too many cases has led to long-term general deterioration of relationships which may devolve into war. As the title suggests, the focal point of this paper will be a legal assessment or a legal prediction of the outcome of the maritime border delimitation dispute between Slovenia and Croatia in the northernmost part of the Adriatic Sea, namely in the Piran Bay. The paper will be structured into four parts. In the first part the authors will present the factual context of the dispute, followed by a presentation of the legal arguments that both countries have laid on the table so far. In the third hermeneutical part, these legal arguments will be applied to the factual context assessed in light of valid international law and especially the existing jurisprudence on international juridical and non-juridical bodies, including the practice of other states in similar cases. In the last part the authors will predict the outcome of the case as if they were the arbitrators or the judges of a tribunal to whom the dispute between Slovenia and Croatia will most likely eventually be referred to.

Read more

Corporate Responsibility for Human Rights: Analyzing the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights: Analyzing the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (2009). Miskolc Journal of International Law, Vol. 6, No. 1. pp. 24-34, 2009.

This article analyses the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy of the International Labour Organization. It argues that given the current lack of a legally binding international document on human rights obligations of corporations, the focus on work towards legally-enforceable, existing international standards must be sharpened and new standards should be drafted.

Read more

Corporate Responsibility for Human Rights

Letnar Cernic, Jernej, Corporate Responsibility for Human Rights (June 27, 2008). Libertas Working Paper No. 1/2008.

A Review Essay on the 2008 report of the UN Special Representative of the Secretary-General on the issue of human rights and Transnational corporations and other business enterprises, Professor John Ruggie to the United Nations Human Rights Council, Protect, Respect and Remedy: a Framework for Business and Human Rights AH/HRC/8/5, 7 April 2008.

Read more

Global Witness V. Afrimex LTD.: Decision Applying OECD Guidelines on Corporate Responsibility for Human Rights

Letnar Cernic, Jernej, Global Witness V. Afrimex LTD.: Decision Applying OECD Guidelines on Corporate Responsibility for Human Rights (January 29, 2009). ASIL Insight, Vol. 13, No. 1, January 2009.

On August 28, 2008, the United Kingdom's National Contact Point (UK-NCP) issued its decision in Global Witness v. Afrimex Ltd. In this case, Global Witness, a non-governmental organization, alleged that Afrimex Ltd. (Afrimex), a British corporation, violated the Guidelines for Multinational Enterprises of the Organization for Economic Development and Cooperation (OECD Guidelines) by paying bribes to a rebel group in the Democratic Republic of the Congo (DRC) and purchasing minerals from mines in the DRC that employ child and forced labor. This Insight analyzes this case and its importance for efforts to heighten corporate responsibility for the protection of human rights.

Read more

Corporate Human Rights Obligations Under Stabilization Clauses

Letnar Cernic, Jernej, Corporate Human Rights Obligations Under Stabilization Clauses (February 22, 2010). German Law Journal, Vol. 11, No. 2, pp. 210-229, 2010.

Lawyers, economists and social scientists alike have for a number of years agreed that foreign investment has the potential to act as a catalyst for the enjoyment of an individual’s fundamental human rights, particularly in developing countries. This article discusses and critically analyses corporate human rights obligations and the lack thereof under stabilization clauses in foreign investment contracts. The balance of this article is devoted to exploring three main issues relating to corporate human rights obligations and stabilization clauses. First, stabilization clauses in foreign investment agreements are examined in relation to corporate obligations and responsibility for fundamental human rights. In doing so the substantive and procedural dimension of stabilization clauses is analysed. Second, using the concrete examples of the Mineral Development Agreement between Mittal Steel and the Government of Liberia Mittal Steel Agreement and of the Baku‐Tblisi‐Ceyhan Pipeline Project as case studies, this article considers an application of stabilization clauses in foreign investment contracts in relation to the fundamental human rights obligation of states and of corporations. Third, a proposal for reform in the form of a fundamental human rights clause is introduced. To be clear, the argument here is that the fundamental human rights obligations of investors, particularly of corporations, must be included in foreign investment agreements.

Read more

Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again

van den Herik, Larissa and Letnar Cernic, Jernej, Regulating Corporations Under International Law: From Human Rights to International Criminal Law and Back Again (August 27, 2010). Journal of International Criminal Justice, Vol. 8, pp. 725-743, 2010.

The discussion on corporate human rights obligations has been ongoing for some time. More recently, the potential for corporate accountability under a new domain of international law, namely international criminal law, is being explored. This raises questions as to the interrelationship between and the intersection of the two fields of international law. This article argues that the intricacies of accepting corporations as duty-bearers of human rights obligations are of a quite distinct nature than those permeating the international criminal law debate. Moreover, the corporate violations at stake are to a very large extent of a different nature. It is thus argued that the discussions on corporate liability in the two fields of international law run parallel rather than directly intersecting. The debate on corporate human rights obligations may well be informed by potential future developments within international criminal law, but international criminal law is not the panacea that solves all theoretical and practical obstacles surrounding the debate on corporate human rights obligations.

Read more

National Security and Expulsion to a Risk of Torture

Letnar Cernic, Jernej, National Security and Expulsion to a Risk of Torture (December 9, 2008). Edinburgh Law Review, Vol. 12, No. 3, pp. 486-490, September 2008.

In Saadi v Italy, the European Court of Human Rights held that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a "real risk" of torture, inhuman or degrading treatment. This article analyses the ECHR's reasoning.

Read more

Corporate Obligations Under the Human Right to Water

Letnar Cernic, Jernej, Corporate Obligations Under the Human Right to Water (March 22, 2011). Denver Journal of International Law and Policy, Vol. 39, No. 2, pp. 303-345, Spring 2011.

Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of individuals, wider communities and indigenous peoples. This paper argues that corporations bear a certain responsibility for the realization of the human right to water, which can be derived from international as well as national (constitutional) law. Corporate obligations under the human right to water can potentially be based on the right to water as set in national law and in the international human rights treaties and in corporate codes of conduct. It is asserted that this responsibility is different and separate from the responsibility of state governments and should never undermine state obligations to observe the human right to water. In short, the paper argues that corporations have an obligation to respect, protect and fulfil the right to water deriving primarily from national legal orders.

Read more

Emerging Fair Trial Guarantees Before the Court of Arbitration for Sport

Letnar Cernic, Jernej, Emerging Fair Trial Guarantees Before the Court of Arbitration for Sport (September 4, 2014). EUROPEAN SOCIETY OF INTERNATIONAL LAW, 10th Anniversary Conference, Vienna, 4-6 September 2014, Conference Paper No. 9/2014.

The right to a fair trial is one of the backbones of the rule of law and a conditio sine qua non for the protection of human rights and fundamental freedoms. This article examines whether fair trial guarantees can also be exercised before the Court of Arbitration for Sport. Do fair trial guarantees apply and, if not, should they apply to the sports arbitration proceedings before the CAS? If so, is the nature and scope of such fair trial guarantees broader, narrower or the same as in regular judicial proceedings? What happens when the CAS violates one of the fundamental principles of a fair trial? What are the most appropriate ways to improve the guarantee of a fair trial before the CAS? Does the monitoring jurisdiction of the Swiss Federal Tribunal suffice to guarantee procedural public policy guarantees, including fair trial guarantees? This article therefore identifies whether the procedural rules and case law of the CAS should follow all four component parts of the right to a fair trial (the right to a fair hearing, the right to an independent and impartial tribunal established by law, the right to a public hearing and the public pronouncement of judgments, and the right to a fair trial within a reasonable time). The balance of this article explores the nature, value and status of this concept through its fundamental principles developed in the jurisprudence of the European Court of Human Rights (ECtHR).

Read more

The Arc of reform

Margaret Stout and Jeannine M. Love
in

Affirming Integrative Governance

Margaret Stout, Jeannine M. Love
in